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PA Bulletin, Doc. No. 97-1908

RULES AND REGULATIONS

Title 58--RECREATION

FISH AND BOAT COMMISSION

[58 PA. CODE CH. 61]

Fishing

[27 Pa.B. 6225]

   The Fish and Boat Commission (Commission) by this order amends § 61.7 (relating to Susquehanna River and tributaries). The Commission is publishing this amendment under the authority of 30 Pa.C.S. (relating to Fish and Boat Code) (code). The amendment relates to fishing.

A.  Effective Date

   This amendment will go into effect upon publication of this order.

B.  Contact Person

   For further information on the amendment, contact Laurie E. Shepler, Assistant Counsel, (717) 657-4546, P. O. Box 67000, Harrisburg, PA 17106-7000. This final rulemaking is available electronically through the Commission's Web site (http://www.fish.state.pa.us).

C.  Statutory Authority

   The amendments are published under the statutory authority of section 2102 of the code (relating to rules and regulations).

D.  Purpose and Background

   The amendment is designed to update, modify and improve Commission regulations relating to fishing. The specific purpose of the amendment is described in more detail under the summary of changes.

E.  Summary of Changes

   The Commission recently designated the Susquehanna River from Holtwood Dam upstream to the Fibradam in Sunbury and the Juniata River from its Mouth upstream to Route 11/15 Bridge near Amity Hall as Big Bass Waters subject to § 65.9 (relating to big bass special regulations). This designation supersedes the general fishing regulations applicable to these waters found in § 61.7. The Commission therefore has amended § 61.7 to make it clear that the Big Bass regulations apply to the waters described in this section of the Preamble. This amendment has no substantive impact; it merely ensures that the wording of the general regulation (§ 61.7) is consistent with the special regulations already applicable to these waters. On final rulemaking, the Commission has slightly changed the wording of the amendment in the interest of clarity. The intent of the amendment remains the same.

F.  Fiscal Impact

   The amendment hereby adopted will have no adverse fiscal impact on the Commonwealth or its political subdivisions. The amendment imposes no new costs on the private sector or the general public.

G.  Paperwork

   The amendment hereby adopted will not increase paperwork and will create no new paperwork requirements.

H.  Public Involvement

   A notice of proposed rulemaking containing the proposed changes was published at 27 Pa.B. 1653 (April 5, 1997). The Commission did not receive comments on the changes.

Findings

   The Commission finds that:

   (1)  Public notice of intention to adopt the amendment adopted by this order has been given under sections 201 and 202 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. §§ 1201 and 1202) and the regulations promulgated thereunder 1 Pa. Code §§ 7.1 and 7.2.

   (2)  A public comment period was provided and that the comments received were considered.

   (3)  The adoption of the regulations of the Commission in the manner provided in this order is necessary and appropriate for administration and enforcement of the authorizing statutes.

Order

   The Commission, acting under the authorizing statutes, orders that:

   (a)  The regulations of the Commission, 58 Pa. Code Chapter 61, are amended by amending § 61.7 to read as set forth at Annex A.

   (b)  The Executive Director will submit this order and Annex A to the Office of Attorney General for approval as to legality as required by law.

   (c)  The Executive Director shall certify this order and Annex A and deposit them with the Legislative Reference Bureau as required by law.

   (d)  This order shall take effect immediately upon publication in the Pennsylvania Bulletin.

PETER A. COLANGELO,   
Executive Director

   (Editor's Note:  A proposal to amend § 61.7, amended in this document, remains outstanding at 27 Pa.B. 4450 (August 30, 1997). Amendments to § 61.7 were adopted at 27 Pa.B. 5605 (November 1, 1997) and will appear in the January 1998 (MTS 278) Pennsylvania Code Reporter.)

   Fiscal Note:  Fiscal Note 48A-67 remains valid for the final adoption of the subject regulation.

Annex A

TITLE 58.  RECREATION

PART II.  FISH AND BOAT COMMISSION

Subpart B.  FISHING

CHAPTER 61.  SEASONS, SIZES AND CREEL LIMITS

§ 61.7.  Susquehanna River and tributaries.

   (a)  It is unlawful to take, catch, kill or possess fish except during the seasons specified in this section. However, it is not a violation of this section if a fish caught out of season from water where fishing for other species is lawful is immediately returned unharmed to the waters from which it was taken.

   (b)  It is unlawful to take, catch, kill or possess a fish of less than the minimum size specified in this section. However, it is not a violation of this section if an undersized fish taken from waters where fishing is otherwise lawful is immediately returned unharmed to the waters from which it was taken.

   (c)  It is unlawful to take, catch or kill more than 1 day's limit of any species of fish as specified in the following chart during 1 calendar day. It is unlawful to possess more than 1 day's limit of any species of fish as specified in the following chart except under the following circumstances:

   (1)  A person may possess any number of lawfully caught fish at the person's residence.

   (2)  A person who is engaged in a fishing trip away from home for 2 or more consecutive calendar days may, while transporting fish from the place where caught to his residence, possess a number of fish equal to no more than two times the daily creel limit for that species of fish. In prosecution for violation of this section, it shall be a rebuttable presumption that a person transporting fish from a fishing site caught all of the fish during 1 calendar day.

   (3)  A fish will not be considered to be caught in violation of this section if it is immediately returned unharmed to the waters from which it was taken.

   (4)  A fish caught that is not to be counted in the creel limit shall be immediately released unharmed into the water from which taken. Except as otherwise provided in § 53.24 or § 63.40 (relating to tournament and fishing derby permits; and fishing tournaments and fishing derbies), a fish placed on a stringer, or confined by any type of container, structure or device, or not returned immediately to the water will be considered as part of the daily creel or possession limits. Fish returned to the water shall be handled carefully and be returned unharmed to the water from which taken.

   (5)  Fish may be given to another person, but the fish shall be counted in the donor's creel limit and neither the donor nor the recipient may kill or possess (while in the act of fishing) more than the limit allowed.

   (d) The following seasons, sizes and creel limits apply to the Susquehanna River and its tributaries, including the Juniata River, the West Branch, ''North Branch'' and other tributaries with the Susquehanna River Basin except the Conowingo Reservoir--see § 61.4 (relating to Conowingo Reservoir) and except for waters subject to special regulations (see Chapter 65 (relating to special fishing regulations)):

SPECIES SEASONS MINIMUM SIZE DAILY LIMIT
AMERICAN and HICKORY SHAD and ALEWIFE and BLUEBACK HERRING (collectively known as river herring)* Closed year-round Closed0
BASS
   Largemouth
   Smallmouth
   Spotted
January 1 to first Saturday after April 11 and first Saturday after June 11 to December 31.Susquehanna River--Holtwood Dam to Fibradam in Sunbury
15 INCHES**
4 (Combined species)**
BASS
   Largemouth
   Smallmouth
   Spotted
January 1 to first Saturday after April 11 and first Saturday after June 11 to December 31.Susquehanna River--Upstream of Fibradam in Sunbury
12 inches
6 (Combined species)
BASS
   Largemouth
   Smallmouth
   Spotted
January 1 to first Saturday after April 11 and first Saturday after June 11 to December 31. Juniata River--Mouth upstream to Route 11/15 bridge near Amity Hall; and 18.5 mile section from the S.R. 0075 bridge at Port Royal downstream to Newport S.R. 0034 Bridge
15 inches**
4 (Combined species)**
BASS
   Largemouth
   Smallmouth
   Spotted
January 1 to first Saturday after April 11 and first Saturday after June 11 to December 31. Juniata River--All areas except as described in this subsection: 12 inches 6 (Combined species)
OTHER SPECIES Inland seasons, sizes and creel limits apply except for waters under special regulations (See Chapter 65). See § 61.1 (relating to Commonwealth inland waters). For Conowingo Reservoir see § 61.4 (relating to Conowingo Reservoir).

*Note:  Landlocked alewife taken from inland ponds, lakes or reservoirs that are collected by legal means and measure less than 8 inches in length may be harvested for use as baitfish.

**Note:  Big Bass regulations--minimum size and creel limits--apply (see § 65.9)

[Pa.B. Doc. No. 97-1908. Filed for public inspection November 28, 1997, 1997, 9:00 a.m.]



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