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PA Bulletin, Doc. No. 99-2042

PROPOSED RULEMAKING

[58 PA. CODE CH. 65]

Special Fishing Regulations

[29 Pa.B. 6116]

   The Fish and Boat Commission (Commission) proposes to amend § 65.24 (relating to miscellaneous special regulations). 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 amendment relates to fishing.

A.  Effective Date

   The proposed amendment, if approved on final rulemaking, will go into effect on January 1, 2000, or upon publication of an order adopting the amendment in the Pennsylvania Bulletin, 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

   The proposed amendment is published under the statutory authority of section 2307 of the code (relating to waters limited to specific purposes).

D.  Purpose and Background

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

E.  Summary of Proposal

   A recent review of the Commission's regulations by the Bureau of Law Enforcement has revealed that there are two miscellaneous special regulations that state that the creel limit for trout is eight per day. When the Commission amended its Statewide trout regulations earlier this year to reduce the creel limit from eight to five, these miscellaneous regulations should have been amended as well. Accordingly, the Commission proposes the amendment to read as set forth at Annex A.

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 shall be included in each transmission. In addition, all electronic comments shall be contained in the text of the transmission, not in an attachment. 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

   Fiscal Note:  48A-103. 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:

CountyName of WaterSpecial Regulations
*      *      *      *      *
MercerShenango River from the dam downstream to SR 3025, a distance of 1.5 miles.Closed season on trout: April 1 until 8 a.m., first Saturday after April 11. Daily limit--Opening day of trout season in April until Labor Day: [eight] five trout per day; day after Labor Day to midnight, March 31 of the following year--three trout per day. Inland regulations apply to warmwater/coolwater species.
*      *      *      *      *
Somerset, Fayette, Westmoreland and AlleghenyYoughiogheny River from confluence with Casselman River downstream to the confluence with Ramcat Run Youghiogheny River from the pipeline crossing at the confluence with Lick Run downstream to the mouth of the river.No closed season on trout. Daily limit opening day of trout season to Labor Day--[eight] five trout; day after Labor Day to succeeding opening day of trout season--three trout per day. Inland regulations apply to warmwater/coolwater species.
*      *      *      *      *

[Pa.B. Doc. No. 99-2042. Filed for public inspection December 3, 1999, 9:00 a.m.]



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