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PA Bulletin, Doc. No. 08-566



[58 PA. CODE CH. 65]


[38 Pa.B. 1468]
[Saturday, March 29, 2008]

   The Fish and Boat Commission (Commission) has amended 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 the Fish and Boat Code) (code).

A.  Effective Date

   The final-form rulemaking will go into effect immediately upon publication in the Pennsylvania Bulletin.

B.  Contact Person

   For further information on this final-form rulemaking, contact Jason E. Oyler, 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

C.  Statutory Authority

   The amendments to §§ 65.4a, 65.5--65.7, 65.10, 65.14 and 65.15 are published under the statutory authority of section 2102(a) of the code (relating to rules and regulations).

D.  Purpose and Background

   The final-form rulemaking is designed to improve, enhance and update the Commission's fishing regulations. The specific purpose of the amendments is described in more detail under the summary of changes.

E.  Summary of Changes

   In recent months, the public as well as staff from the Commission's Bureaus of Fisheries and Law Enforcement have raised concerns regarding a number of existing special regulation programs for trout on waters that may be large enough to permit boating. When regulation changes occur along a stream and a person angling from a boat that traverses from a section of stream that is under one set of regulations into another section under different regulations, that person could be in violation of the law for the section he just entered. For example, if one section of stream is managed under § 61.1 (relating to Commonwealth inland waters) for trout, a creel limit of five fish is in effect from the first Saturday after April 11 until Labor Day and bait is permitted. However, if the next downstream section is regulated under § 65.6 (relating to delayed harvest artificial lures only areas), harvest is only permitted from June 15 until Labor Day, the creel limit during this period is three, and bait is not permitted. Anglers boating from the upstream section to the downstream section any time before June 15 in this example would be in violation of the delayed harvest regulations if they had either trout or bait on board, even though these fish had been taken lawfully and gear used lawfully in the upstream section.

   To address this matter, the Commission has amended §§ 65.5--65.7 and 65.14 to allow, notwithstanding the requirements of those sections, an angler in a boat to possess bait and fish caught in compliance with the seasons, sizes and creel limits in effect for the waters from which taken, provided that the boat angler floats through the specially regulated area without stopping or engaging in the act of fishing or the boat angler takes out his boat at an access point within the specially regulated area. For §§ 65.4a, 65.10 and 65.15, the reference to bait will be eliminated. On final-form rulemaking, the Commission adopted the proposed amendments as set forth in the notice of proposed rulemaking.

F.  Paperwork

   The final-form rulemaking will slightly increase paperwork and will create new paperwork requirements in that the Commission will have to post signs notifying anglers of the regulatory change on the water areas that are implicated.

G.  Fiscal Impact

   The final-form rulemaking will have no adverse fiscal impact on the Commonwealth or its political subdivisions. The Commission's costs for signage will be modest. The final-form rulemaking will impose no new costs on the private sector or the general public.

H.  Public Involvement

   A notice of proposed rulemaking was published at 37 Pa.B. 6418 (December 8, 2007). Prior to the formal public comment period, the Commission received one comment opposing the amendments. During the formal public comment period, the Commission received two comments opposing the amendments. Copies of all public comments were provided to the Commissioners.


   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) and the regulations promulgated thereunder, 1 Pa. Code §§ 7.1 and 7.2.

   (2)  A public comment period was provided, and the comments that were received were considered.

   (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.


   The Commission, acting under the authorizing statutes, orders that:

   (a)  The regulations of the Commission, 58 Pa. Code Chapter 65, are amended by amending §§ 65.4a, 65.5--65.7, 65.10, 65.14 and 65.15 to read as set forth at 37 Pa.B. 6418.

   (b)  The Executive Director will submit this order and 37 Pa.B. 6418 to the Office of Attorney General for approval as to legality as required by law.

   (c)  The Executive Director shall certify this order and 37 Pa.B. 6418 and deposit them with the Legislative Reference Bureau as required by law.

   (d)  This order shall take effect immediately upon publication in the Pennsylvania Bulletin.

Executive Director

   Fiscal Note:  Fiscal Note 48A-198 remains valid for the final adoption of the subject regulations.

[Pa.B. Doc. No. 08-566. Filed for public inspection March 28, 2008, 9:00 a.m.]

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