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PA Bulletin, Doc. No. 98-1059

PROPOSED RULEMAKING

[58 PA. CODE CH. 65]

Miscellaneous Special Regulations; Blair and Huntingdon Counties

[28 Pa.B. 3058]

   The Fish and Boat Commission (Commission) proposes to amend § 65.24 (relating to miscellaneous special regulations). The Commission is publishing this amendment as a notice of proposed rulemaking under the authority of 30 Pa.C.S. (relating to Fish and Boat Code) (code). The proposed amendment relates to fishing.

A.  Effective Date

   This proposed amendment will, if approved on final rulemaking, go into effect on January 1, 1999, or upon publication of an order adopting the amendment, whichever occurs later.

B.  Contact Person

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

C.  Statutory Authority

   This proposed amendment is published under the statutory authority of section 2102 of the code (relating to rules and regulations).

D.  Purpose and Background

   The proposed amendment is designed to update, modify and improve Commission regulations pertaining to fishing. The specific purpose of the various amendments is described in more detail under the summary of proposal.

E.  Summary of Proposal

   Section 65.24 (relating to miscellaneous special regulations). A few years ago when regulations were amended for the lower 13.5 miles of the Little Juniata River, a 2.1 mile stretch was left with an older set of regulations that are not appropriate at this time. Inventory information has confirmed that the 2.1 mile section from the mouth of Bald Eagle Creek downstream to the railroad bridge at the east (downstream) border of Ironville supports only a sparse trout population as coldwater habitat in this portion of the stream is marginal for the year-round survival of trout. Therefore, the Commission believes that this 2.1 mile section does not warrant management under miscellaneous special regulations and proposes removing this section from the list of waters subject to special regulations. If this change is adopted by the Commission, this section will be managed under Statewide regulations that are already in place on the upstream portion of the Little Juniata River from the headwaters downstream to the confluence of Bald Eagle Creek.

F.  Paperwork

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

G.  Fiscal Impact

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

H.  Public Comments

   Interested persons are invited to submit written comments, objections or suggestions about the proposed amendment 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. Comments submitted by facsimile will not be accepted. Comments also may be submitted electronically at ''regulations@fish.state.pa.us.'' A subject heading of the proposal and a return name and address must be included in each transmission. If an acknowledgment of electronic comments is not received by the sender within 2 working days, the comments should be retransmitted to ensure receipt.

PETER A. COLANGELO,   
Executive Director

   (Editor's Note: A proposal to amend § 65.24 (relating to miscellaneous special regulations) remains outstanding at 28 Pa.B. 1837 (April 18, 1998).)

   Fiscal Note: 48A-83. 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

§ 65.24.  Miscellaneous special regulations.

   The following waters are subject to the following miscellaneous special regulations:

County Name of Water Special Regulations
* * * * ** * * * ** * * * *
[Blair and Huntingdon] [Little Juniata River from the mouth of Bald Eagle Creek (near Tyrone) downstream to the railroad bridge at the east (downstream) border of Ironville.] [No closed season on trout. Daily limit: Opening day of trout season to Labor Day--eight trout. Labor Day to succeeding opening day of trout season--three trout. Inland regulations apply to warmwater species.]
* * * * ** * * * ** * * * *
[Pa.B. Doc. No. 98-1059. Filed for public inspection July 2, 1998, 9:00 a.m.]



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