PROPOSED RULEMAKING
FISH AND BOAT COMMISSION
[58 PA. CODE CHS. 65, 67 AND 69]
Fishing
[27 Pa.B. 1468] The Fish and Boat Commission (Commission) proposes to amend Chapters 65, 67 and 69 (relating to special fishing regulations; nursery waters; and fishing in Lake Erie and boundary lakes). The Commission is publishing these amendments as a notice of proposed rulemaking under the authority of 30 Pa.C.S. (relating to Fish and Boat Code) (code). The proposed amendments relate to fishing.
A. Effective Date
These proposed amendments will, if approved on final rulemaking, go into effect on January 1, 1998, or upon publication of an order adopting the regulations, whichever comes later.
B. Contact Person
For further information on the proposed changes, contact Laurie E. Shepler, Assistant Counsel, (717) 657- 4546, P. O. Box 67000, Harrisburg, PA 17106-7000.
C. Statutory Authority
These proposed amendments are published under the statutory authority of section 2102 of the code (relating to rules and regulations).
D. Purpose and Background
The proposed amendments are designed to update, modify and improve Commission regulations relating to fishing. The specific purpose for the various amendments is described in more detail under the summary of proposal.
E. Summary of Proposal
(1) Sections 65.1 and 65.7 (relating to select harvest program; and trophy trout program). The Commission is proposing to clarify these regulations to include a specific reference to the time (8 a.m.) that trout season opens each year.
(2) Sections 65.24, 67.1 and 69.13--69.15. 3CU has requested the Commission to modify existing steelhead and salmon fishing regulations and to develop new ones for Lake Erie and associated tributary streams. Upon consideration of 3CU's request, the Bureaus of Fisheries and Law Enforcement jointly recommended that the season for salmon and steelhead be extended until the opening day of the regular trout season because steelhead frequent the streams from late summer to mid April. The Bureaus further recommend that wading be prohibited in Crooked Creek, Peck Run and Orchard Beach Run and that the disturbance of fish in nursery waters be a violation.
A separate special regulation is needed for Conneaut Creek (Erie and Crawford Counties) because of the approved trout water designation. The Bureaus accordingly recommended that fishing in Conneaut Creek be extended from March 1 to midnight the Thursday before the opening day of the regular trout season. The creel limit should be three trout/salmon with a minimum size of 15 inches. Although Conneaut Creek and Turkey Creek are tributaries to Lake Erie, they historically have been treated as ''inland waters'' for regulatory purposes rather than as part of the Commission's Lake Erie tributary program.
In Erie and Crawford Counties, additional angling opportunities would be available if special regulations were adopted for Turkey Creek (Erie County); East Branch of Conneaut Creek (Erie County); Temple Run (Erie County); Marsh Run (Erie County); West Branch of Conneaut Creek (Erie and Crawford Counties); Stone Run (Erie and Crawford Counties); Mud Run (Erie and Crawford Counties); East Branch (Erie and Crawford Counties); Middle Branch (Erie and Crawford Counties); and Crazy Run (Crawford County). The Bureaus therefore recommended that the catching of steelhead and salmon should be permitted from 12:01 a.m. the day after Labor Day to midnight the Thursday before the opening day of the regular trout season. The creel limit should be three trout/salmon with a minimum size of 15 inches.
Current regulations applicable to the Lake Erie tributaries, § 69.13 (relating to seasons, sizes and creel limits--Lake Erie), provide that the extended season closes at midnight on the Friday before opening day of trout season in April. Staff proposed that this wording be changed to midnight of the Thursday before opening day. Traditionally, these streams have been stocked on the Friday before opening day. This has been the practice for at least 15 years. Allowing fishing on the Friday before opening day is inconsistent with the Commission's stocking schedule.
At its meeting on January 25, 1997, the Commission approved the publication of a notice of proposed rulemaking consistent with staff's recommendations.
F. Fiscal Impact
The proposed amendments will have no adverse fiscal impact on the Commonwealth or its political subdivisions. The proposed amendments will impose no new costs on the private sector or the general public.
G. Paperwork
The proposed amendments will not increase paperwork and will create no new paperwork requirements.
H. Public Comments
Interested persons are invited to submit written comments, objections or suggestions about the proposed amendments to the Executive Director, Fish and Boat Commission, P. O. Box 67000, Harrisburg, PA 17106-7000, within 30 days after publication of this notice in the Pennsylvania Bulletin.
PETER A. COLANGELO,
Executive Director(Editor's Note: An amendment to § 65.24, proposed to be amended in this document, appeared at 27 Pa.B. 1155 (March 8, 1997) and will be codified in the May 1997 Pennsylvania Code Reporter MTS 270. A proposal to amend § 69.13, proposed to be amended in this document, appeared at 26 Pa.B. 6098 (December 21, 1996) and remains outstanding.)
Fiscal Note: 48A-65. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 58. RECREATION
PART II. FISH AND BOAT COMMISSION
Subpart B. FISHING
CHAPTER 65. SPECIAL FISHING REGULATIONS § 65.1. Selective Harvest Program.
* * * * * (b) It is unlawful to fish in designated and posted selective harvest areas except in compliance with the following requirements:
* * * * * (5) The daily creel limit is two trout--combined species--except during the period from the day after Labor Day to 8 a.m. of the opening day of regular trout season of the following year, when no trout may be killed or had in possession on the waters under regulation.
* * * * * § 65.7. Trophy [trout program] Trout Program.
* * * * * (b) It is unlawful to fish in designated and posted trophy trout areas except in compliance with the following requirements:
* * * * * (5) The daily creel limit is two trout--combined species--except during the period from the day after Labor Day to 8 a.m. of the opening day of regular trout season of the following year, when no trout may be killed or had in possession on the waters under regulation.
* * * * *
§ 65.24. Miscellaneous special regulations.
The following waters are subject to the following miscellaneous special regulations:
County Name of Water Special Regulations * * * * * Crawford and Erie Conneaut Creek
E. Branch Conneaut Creek
M. Branch Conneaut Creek
W. Branch Conneaut Creek
Mud Run
Stone RunSalmon and Steelhead: 12:01 a.m. the day after Labor Day until midnight the Thursday before the opening day of trout season in April.
Minimum size limit: 15 inches.
Daily creel limit: 3 (combined species).
Lake Erie fishing permit is not required.Crawford Crazy Run Salmon and Steelhead: 12:01 a.m. the day after Labor Day until midnight the Thursday before the opening day of trout season in April.
Minimum size limit: 15 inches.
Daily creel limit: 3 (combined species).
Lake Erie fishing permit is not required.* * * * * Erie E. Branch Conneaut Creek
Marsh Run
Temple Run
Turkey CreekSalmon and Steelhead: 12:01 a.m. the day after Labor Day until midnight the Thursday before the opening day of trout season in April.
Minimum size limit: 15 inches.
Daily creel limit: 3 (combined species).
Lake Erie fishing permit is not required.* * * * *
CHAPTER 67. NURSERY WATERS § 67.1. Nursery waters and exhibition areas.
* * * * * (c) It is unlawful to disturb fish or other aquatic life in nursery waters or exhibition areas by any means, including wading, throwing stones, rocks or other objects or otherwise agitating the waters.
CHAPTER 69. FISHING IN LAKE ERIE AND BOUNDARY LAKES § 69.13. Seasons, sizes and creel limits--Lake Erie Tributaries.
* * * * * (d) Except as provided in §§ 69.14 and [§]69.15 (relating to special regulations applicable during the [fall] salmon and steelhead trout season; and miscellaneous special regulations) and for those waters listed as nursery waters, the following seasons, sizes and [creek] creel limits apply to the tributary streams of Lake Erie in this Commonwealth:
SPECIES SEASONS MINIMUM SIZE DAILY LIMIT * * * * * TROUT and SALMON 12:01 a.m. the day after Labor Day until [the first Saturday after] midnight Thursday before the opening day of trout season in April [11]. 15 inches 3 (combined species only 2 of which may be lake trout) * * * * * § 69.14. Special regulations applicable during the [fall] salmon and steelhead trout season.
(a) Season. This section applies from [midnight on Labor Day until midnight on November 30] 12:01 a.m. the day after Labor Day until midnight the Thursday before the opening day of trout season in April.
(b) Restrictions. The following specific restrictions apply to streams marked with an ''X'' during salmon and steelhead trout season described in subsection (a). It is unlawful for a person to fish in violation of these restrictions:
Fishing per- mitted [ex- cept closed from 10 p.m. to 5 a.m. south of Fishing pro- Route 5], hibited from no time re- 10 p.m. to 5 strictions a.m. in areas Fishing north of of Lake Erie Fishing pro- permitted Route 5, shoreline hibited in Fishing per- except closed from within 50 portions des- mitted, no closed from 10 p.m. to 5 yards of ignated as time restric- 10 p.m. a.m. south Fishing mouth of nursery wa- tions to 5 a.m. of Route 5 prohibited stream ters Remarks * * * * * Crooked Creek X X Wading Prohibited * * * * * Peck Run X Wading Prohibited Orchard Beach Run X Wading Prohibited * * * * * § 69.15. Miscellaneous special regulations.
The following miscellaneous special regulations apply to the named waters, marked with an ''X.'' It is unlawful to fish in violation of the following restrictions:
Archery and spearing permitted in compli- ance with § 63.8 in areas north of Route 5 only during hours 7 a.m. to 7 p.m. only, from Jan. 1 to Labor Day. Archery and spearing prohibited at Inland regulations for Fishing prohibited in all other times and trout and salmon ap- areas designated as places Fishing prohibited ply nursery waters [Conneaut Creek] [X] [W. Branch Conneaut Creek] [X] [E. Branch Conneaut Creek] [X] * * * * *
[Pa.B. Doc. No. 97-444. Filed for public inspection March 21, 1997, 9:00 a.m.]
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