RULES AND REGULATIONS
Title 58—RECREATION
FISH AND BOAT COMMISSION
[58 PA. CODE CH. 65]
Fishing; Special Fishing Regulations
[52 Pa.B. 5951]
[Saturday, September 17, 2022]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) (code). The amendment removes Little Chartiers Creek, Section 05, from the Commission's miscellaneous special regulations.
A. Effective Date
This final-form rulemaking shall take effect on January 1, 2023.
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 amendment to § 65.24 (relating to miscellaneous special regulations) is published under the statutory authority of section 2307(a) of the code (relating to waters limited to specific purposes).
D. Purpose and Background
The specific purpose and background of the amendment is described in more detail under the summary of changes.
E. Summary of Proposal
Little Chartiers Creek is a 17.5-mile long tributary to Chartiers Creek in Washington County, approximately 6 miles east-northeast of the City of Washington. Little Chartiers Creek is delineated into five stream sections for fisheries management purposes and is impounded at river mile 0.37, creating Canonsburg Lake, a 76-acre impoundment owned by the Commonwealth and managed by the Commission. Little Chartiers Creek, Section 02, is managed as a stocked trout water (STW) and Canonsburg Lake is managed as an STW open to year-round fishing. The remainder of Little Chartiers Creek (Sections 01, 03—05) is not managed as an STW and not stocked by the Commission with hatchery-reared trout.
Little Chartiers Creek, Section 05, is approximately 0.5 mile in length and extends from the outflow of Canonsburg Lake downstream to the confluence with Chartiers Creek. Although Section 05 is not managed as an STW, this section has been managed under miscellaneous special regulations since the early 1980s. This regulation prohibits angling from the end of the extended season for trout through 8 a.m. on the opening day of the regular season for trout, which aligns with the management of STWs. Historically, the rationale for this special regulation was to prohibit angling in Section 05 during the closure period following the stocking of trout in Canonsburg Lake, which could escape downstream into Little Chartiers Creek. Escapement of stocked trout created unwanted and disruptive angler behavior in Section 05 and warranted management with these special regulations. During the annual regulatory review process, Commission staff determined that these regulations are no longer necessary and recommend deletion. If deleted, this change would simplify regulations and increase angling opportunities while continuing to provide adequate resource protection.
Upon removal of this special regulation, Section 05 will revert to Commonwealth inland waters angling regulations in § 61.1 (relating to Commonwealth inland waters). To facilitate transition of Section 05 to management with Commonwealth inland waters angling regulations, this water must first be removed from miscellaneous special regulations.
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 52 Pa.B. 1496 (March 12, 2022). The Commission did not receive any public comments regarding 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 no public comments were received.
(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 amending § 65.24 to read as set forth at 52 Pa.B. 1496.
(B) The Executive Director will submit this order and 52 Pa.B. 1496 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 52 Pa.B. 1496 and deposit them with the Legislative Reference Bureau as required by law.
(D) This order shall take effect on January 1, 2023.
TIMOTHY D. SCHAEFFER,
Executive DirectorFiscal Note: Fiscal Note 48A-323 remains valid for the final adoption of the subject regulation.
[Pa.B. Doc. No. 22-1424. Filed for public inspection September 16, 2022, 9:00 a.m.]
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