Removal of Certain Refuge Areas
[40 Pa.B. 3029]
[Saturday, June 5, 2010]
Under 58 Pa. Code § 67.2 (relating to refuge areas), the Executive Director of the Fish and Boat Commission (Commission), with the approval of the Commission, may designate waters as refuge areas to which 30 Pa.C.S. § 2306 (relating to refuge areas), shall apply. Section 2306 of 30 Pa.C.S. provides that the Commission may set aside, in its discretion, areas as it may judge best as refuge areas in which fishing or entry shall be prohibited for periods of time as the Commission prescribes. According to the regulation, the designation of waters as refuge areas shall be effective upon posting of the waters after publication of a notice that the waters have been so designated in the Pennsylvania Bulletin. Refuge areas are closed to public fishing except during the period from June 15 until the last day of February of the following year. It is unlawful to disturb fish or other aquatic life in refuge areas by any means, including wading, throwing stones, rocks or other objects or otherwise agitating the waters. The regulation will not be construed to prohibit fishing in these areas during the extended trout season.
Based on current conditions, there are reasons to remove the refuge area designation from 18 streams. For example, some streams are no longer being maintained as marked refuge areas, some streams are no longer stocked with trout and some streams are simply not being well utilized by anglers. These conditions are inconsistent with the premise for the use of refuge areas. Therefore, the Commission, at its next meeting on July 12 and 13, 2010, will consider taking action to remove the refuge area designations from the sections of the following waters that have been so designated:
County Water Area Cambria/Clearfield Chest Creek Clearfield Little Clearfield Creek Clearfield Gifford Run Clearfield Mosquito Creek Elk Bear Creek Elk Big Mill Creek Elk/McKean Wilson Run Forest Bluejay Creek Luzerne/Wyoming Bowman Creek Lycoming White Deer Hole Creek McKean Combs Creek McKean East Branch Tunungwant Creek McKean Lewis Run Monroe Tobyhanna Creek Snyder Swift Run Schuylkill Little Schuylkill River Warren Farnsworth Branch Warren West Branch Tionesta Creek
The sections of the following waters that have designated as refuge areas will remain in the program.
County Water Area Cameron Hicks Run Cameron Mix Run Cameron Upper Jerry Run Cameron Wykoff Run Clearfield Jack Dent Branch Elk Medix Run McKean Chappel Fork McKean Kinzua Creek McKean Kinzua Creek, South Branch McKean Skinner Creek McKean Sugar Run McKean Sugar Run, North Branch McKean Tionesta Creek, East Branch McKean Two Mile Run McKean Willow Creek McKean Wilson Run Warren Two Mile Run
At this time, the Commission is soliciting public input concerning the previously listed redesignations. Persons with comments, objections or suggestions concerning the redesignations are invited to submit comments in writing to 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 by completing the form at www.fishandboat.com/regcomments. If an acknowledgment of electronic comments is not received by the sender within 2 working days, the comments should be retransmitted to ensure receipt. Electronic comments submitted in any other manner will not be accepted.
JOHN A. ARWAY,
[Pa.B. Doc. No. 10-1052. Filed for public inspection June 4, 2010, 9:00 a.m.]
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