RULES AND REGULATIONS
Title 58—RECREATION
FISH AND BOAT COMMISSION
[58 PA. CODE CH. 65]
Fishing; Special Fishing Regulations
[51 Pa.B. 7701]
[Saturday, December 11, 2021]The Fish and Boat Commission (Commission) amends Chapter 65 (relating to special fishing regulations). The Commission is publishing this final-form rulemaking under the authority of 30 Pa.C.S. (relating to Fish and Boat Code). The amendments update the harvest requirements relating to all-tackle trophy trout slot limit and artificial lures only trout slot limit regulations.
A. Effective Date
This final-form rulemaking will go into effect upon publication in the Pennsylvania Bulletin.
B. Contact Person
For further information on this final-form rulemaking, contact Wayne Melnick, Esq., P.O. Box 67000, Harrisburg, PA 17106-7000, (717) 705-7810. This final-form rulemaking is available on the Commission's web site at www.fishandboat.com.
C. Statutory Authority
The addition of §§ 65.4c and 65.4d (relating to all-tackle trout slot limit; and artificial lures only trout slot limit) are published under the statutory authority of 30 Pa.C.S. § 2102(a) (relating to rules and regulations) and section 506 of The Administrative Code of 1929 (71 P.S. § 186).
D. Purpose and Background
The specific purpose and background of the amendments are described in more detail under the summary of changes.
E. Summary of Changes
To address landowner and angler feedback, increase the abundance of large wild brown trout in the population, and provide the opportunity to use all tackle types and harvest some trout, a new miscellaneous special regulation regarding slot limit was established on Penns Creek, Section 03, beginning January 1, 2014, in § 65.24 (relating to miscellaneous special regulations). The slot limit regulation allows for year-round fishing, use of all tackle types, and the harvest of two trout per day that are at least 7 inches but less than 12 inches in length, from the opening day of trout season through Labor Day, with no harvest permitted the remainder of the year.
Penns Creek, Section 03, provided a unique opportunity to evaluate a new special regulation on a productive limestone stream. The Penns Creek trout population was monitored before and after implementation of the slot limit regulation. Results of the monitoring revealed a substantial increase in the electrofishing catch rates of larger brown trout (greater than or equal to 16 inches in length) during the slot limit regulation implementation period (2014—2019). These results suggest that the slot limit regulation likely played an important role in the increased electrofishing catch of large brown trout in Section 03. In addition to fishery independent monitoring, staff conducted an angler use, harvest and opinion survey to evaluate the social aspects of the regulation change and estimate angler harvest in 2019. Results documented low harvest of trout during the survey and high angler support for continuance of the slot limit regulation. Despite low angler harvest under the current slot limit regulation, this regulation provides the opportunity for anglers to harvest intermediate-sized trout if desired, which was an important social consideration when the regulation was originally implemented.
Given the success of the experimental slot limit regulation program on Penns Creek, Section 03, and potential opportunities to utilize this regulation at other suitable wild trout waters in the future, staff recommend that the Commission establish a new special regulation program to be known as trout slot limit. The trout slot limit will have two subprograms: the all-tackle trout slot limit program and the artificial lures only trout slot limit program. These subprograms will provide the Commission with the ability to select the most appropriate tackle option to achieve biological and social objectives for each water considered for inclusion in the program and provide an opportunity to evaluate the effects of different terminal tackle types.
During the public comment period, the Commission discovered the need for a grammatical revision to § 65.4d(b)(2) to preserve the original intent. Accordingly, the semi-colon after ''only'' is removed.
The Commission therefore adds §§ 65.4c and 65.4d to read as set forth in Annex A.
F. Paperwork
This final-form rulemaking will not increase paperwork and will not create new paperwork requirements.
G. Fiscal Impact
This final-form rulemaking will have no adverse fiscal impact on the Commonwealth or its political subdivisions.
H. Public Comments
A notice of proposed rulemaking was published at 51 Pa.B. 5683 (September 4, 2021). The Commission received a total of five public comments regarding the proposal: three support the proposal, and two comments did not pertain to the proposal.
Findings
The Commission finds that:
(1) Public notice of intention to adopt the amendments 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), referred to as the Commonwealth Documents Law, and the regulations promulgated thereunder, 1 Pa. Code §§ 7.1 and 7.2 (relating to notice of proposed rulemaking required; and adoption of regulations).
(2) A public comment period was provided, and a total of five comments were received: three supported the proposal, and two comments did not pertain to the proposal.
(3) The adoption of the amendments 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 65, are amended by adding §§ 65.4c and 65.4d to read as set forth in Annex A.
(B) The Executive Director will submit this order and Annex A to the Office of Attorney General for approval as to legality and form 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 upon publication in the Pennsylvania Bulletin.
TIMOTHY D. SCHAEFFER,
Executive DirectorFiscal Note: Fiscal Note 48A-317 remains valid for the final adoption of the subject regulations.
Annex A
TITLE 58. RECREATION
PART II. FISH AND BOAT COMMISSION
Subpart B. FISHING
CHAPTER 65. SPECIAL FISHING REGULATIONS § 65.4c. All-tackle trout slot limit.
(a) The Executive Director, with the approval of the Commission, may designate waters as all-tackle trout slot limit. The designation of waters as all-tackle trout slot limit shall be effective when the waters are posted after publication of a notice of the designation in the Pennsylvania Bulletin.
(b) It is unlawful to fish in designated and posted all-tackle trout slot limit areas except in compliance with all of the following requirements:
(1) Open to fishing year-round.
(2) All tackle types are permitted.
(3) From 8 a.m. on the opening day of the regular season for trout through Labor Day, the daily creel limit of trout is two (combined species). Trout must be at least 7 inches but less than 12 inches in length to be killed or possessed.
(4) From the day after Labor Day until 8 a.m. on the opening day of the regular season for trout, no trout may be killed or possessed.
(5) A current trout permit is required.
(c) This section applies to trout only. Inland regulations apply to all other species.
§ 65.4d. Artificial lures only trout slot limit.
(a) The Executive Director, with the approval of the Commission, may designate waters as artificial lures only trout slot limit. The designation of waters as artificial lures only trout slot limit shall be effective when the waters are posted after publication of a notice of the designation in the Pennsylvania Bulletin.
(b) It is unlawful to fish in designated and posted artificial lures only trout slot limit areas except in compliance with all of the following requirements.
(1) Open to fishing year-round.
(2) Fishing may be done with artificial lures only constructed of metal, plastic, rubber or wood; or with flies and streamers constructed of natural or synthetic materials. Lures may be used with spinning or fly-fishing gear. Use or possession of other lures or substances is prohibited.
(3) From 8 a.m. on the opening day of the regular season for trout through Labor Day, the daily creel limit of trout is two (combined species). Trout must be at least 7 inches but less than 12 inches in length to be killed or possessed.
(4) From the day after Labor Day until 8 a.m. on the opening day of the regular season for trout, no trout may be killed or possessed.
(5) Taking of baitfish or fishbait is prohibited.
(6) A current trout permit is required.
(c) Notwithstanding the requirements of this section, an angler in a boat may possess bait and fish caught in compliance with the seasons, sizes and creel limits in effect for the water from which taken, provided that the boat angler floats through the artificial lures only trout slot limit area without stopping or engaging in the act of fishing or the boat angler puts in or takes out his boat at an access point within the artificial lures only trout slot limit area.
[Pa.B. Doc. No. 21-2062. Filed for public inspection December 10, 2021, 9:00 a.m.]
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