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PA Bulletin, Doc. No. 21-2060

RULES AND REGULATIONS

Title 58—RECREATION

FISH AND BOAT COMMISSION

[58 PA. CODE CHS. 61, 63, 65, 67 AND 69]

Fishing

[51 Pa.B. 7691]
[Saturday, December 11, 2021]

 The Fish and Boat Commission (Commission) amends Chapters 61, 63, 65, 67 and 69. The Commission is publishing this final-form rulemaking under the authority of 30 Pa.C.S. (relating to Fish and Boat Code). The amendments will establish a single, Statewide opening day for the regular season for trout.

A.  Effective Date

 This final-form rulemaking will go into effect on January 1, 2022.

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 amendments to §§ 63.3, 65.5, 65.6, 65.12, 65.14, 65.15, 65.19 and 65.20 are published under the statutory authority of 30 Pa.C.S. § 2102(a) (relating to rules and regulations). The amendments to §§ 61.1, 61.2 and 69.12a are published under the statutory authority of 30 Pa.C.S. § 2102(b). The amendment to § 67.2 (relating to refuge areas) is published under the statutory authority of 30 Pa.C.S. § 2306(a) (relating to refuge areas). The amendment to § 65.24 (relating to miscellaneous special regulations) is published under the statutory authority of 30 Pa.C.S. § 2307(a) (relating to waters limited to specific purposes). The amendment to § 63.20 (relating to permits for the protection and management of trout and salmon) is published under the statutory authority of 30 Pa.C.S. § 2904(a) (relating to permits for the protection and management of particular fish). The amendment to § 65.26 (relating to extended trout season) is published under the statutory authority of 30 Pa.C.S. § 2102(b) and 2307(a).

 Additionally, amendments to these sections are published under the statutory authority of 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

 Under § 61.1 (relating to Commonwealth inland waters), the opening day of the regular season for trout begins at 8 a.m. on the first Saturday after April 11 and continues through midnight of Labor Day. This regulation was in place for all of this Commonwealth's inland waters for many years and is a well-known, much anticipated tradition. However, on January 1, 2007, a new regulation went into effect under § 65.12 (relating to regional opening day of trout season). This regulation created a separate opening day for southeastern and southcentral counties where trout season opens at 8 a.m. on the first Saturday after March 28 and continues through midnight of Labor Day.

 In late winter 2020, the novel coronavirus (COVID-19) pandemic reached this Commonwealth and on March 16, 2020, the Commonwealth eliminated most activities that were not considered essential for health and safety. Subsequently, there was substantial concern within the Commission that traditional stocking practices with large numbers of volunteers in close contact and traditional opening day crowds could lead to increased risk of virus transmission. As such, the decision was made to greatly accelerate trout stocking, eliminate the use of volunteers, deploy Commission staff from throughout the agency to perform the stockings, and announce the opening day without warning at 8 a.m. on Tuesday, April 7, 2020. This unheralded opening was designed to reduce crowding, and a single, Statewide opening day was employed to reduce cross-boundary travel between the Statewide and regional opening day zones. In addition, public travel restrictions required more anglers to fish closer to home than they would under normal circumstances.

 Planning for the 2021 trout stocking season began in early fall of 2020 in anticipation that COVID-19 restrictions and concerns about virus transmission may still be in effect. At the January 2021 quarterly Commissioners meeting, a single, Statewide opening day was established for 2021.

 After experiencing 2 consecutive years of a single, Statewide opening day, staff identified an opportunity to further consider the efficacy of the current Commission regulations that provide for a regional opening day of trout season. An ad hoc committee with representatives from the bureaus of Fisheries; Hatcheries; Law Enforcement; Outreach, Education and Marketing; Administration; Policy and Planning; the Field Operations Deputy Executive Director; and Office of Chief Counsel for review was formed. The committee reviewed the history and summary of opening day designations for trout season. Following that review, the committee recommended the elimination of the regional opening day of trout season and a return to the more traditional single, Statewide opener. Staff believe that a single opening day simplifies regulations, reduces confusion among the angling public, lessens landowner issues in border counties, gives Statewide anglers at least an extra week of fishing opportunity and better allows businesses to plan for any sales surge.

 The elimination of a regional opening day also requires minor amendments to various sections referencing trout season. As such, staff recommend reformatting the dates in regulations relating to trout season for clarification and simplification. Finally, consistent with the act of July 10, 2020 (P.L. 604, No. 56) staff recommend that any reference in the regulations to the trout/salmon permit be changed to trout permit.

 During the public comment period, the Commission discovered the need for the following modifications to be reflected in this final-form rulemaking to effect the original intent of the proposed change: (1) For ALL SPECIES OF TROUT AND SALMON (except landlocked Atlantic salmon)—''(see Chapter 65)'' is restored to the daily limit column pertaining to the extended season within the chart in § 61.1; (2) For ALL SPECIES OF TROUT AND SALMON (except landlocked Atlantic salmon)—''[and all waters downstream of stocked trout waters]'' is removed from the seasons column pertaining to the extended season within the chart in § 61.1; and (3) The following language is restored to § 65.26, item (a) General Rule—''except Class A wild trout streams where the creel limit is 0 and areas with special regulations.'' These changes do not change the intent of the proposed rulemakings previously published.

 As a result of this final-form rulemaking, the Commission formally abandons the proposed amendments published at 51 Pa.B. 3140 (June 5, 2021).

 The Commission therefore amends §§ 61.1, 61.2, 63.3, 63.20, 65.5, 65.6, 65.12, 65.14, 65.15, 65.19, 65.20, 65.24, 65.26, 67.2 and 69.12a 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. 5672 (September 4, 2021). The Commission received a total of 23 public comments regarding the proposal: 16 support the proposal, 1 opposes the proposal and 6 comments do 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 23 comments were received: 16 supported the proposal, 1 opposed the proposal and 6 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 Chapters 61, 63, 65, 67 and 69, are amended by amending §§ 61.1, 61.2, 63.3, 63.20, 65.5, 65.6, 65.12, 65.14, 65.15, 65.19, 65.20, 65.24, 65.26, 67.2 and 69.12a to read as set forth at Annex A, with ellipses referring to the existing text of the regulations.

 (Editor's Note: See 51 Pa.B. 7697 (December 11, 2021) and 51 Pa.B. 7703 (December 11, 2021) for additional amendments to § 65.24.)

 (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 on January 1, 2022.

TIMOTHY D. SCHAEFFER, 
Executive Director

Fiscal Note: Fiscal Note 48A-318 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 61. SEASONS, SIZES AND CREEL LIMITS

§ 61.1. Commonwealth inland waters.

*  *  *  *  *

 (d) Except as otherwise provided in this subpart, the following seasons, sizes and daily limits apply to inland waters of this Commonwealth and the Youghiogheny Reservoir:

SPECIES SEASONS MINIMUM SIZE DAILY LIMIT
ALL SPECIES OF TROUT AND SALMON (except landlocked Atlantic salmon)Regular Season: 8 a.m. first Saturday in April to midnight Labor Day7 inches5 (combined species) except areas with special regulations
Extended Season: Stocked trout waters 12:01 a.m. day after Labor Day to midnight the third Monday in February of the following year.7 inches3 (combined species), except Class A wild trout streams, where the daily limit is 0, and areas with special regulations (see Chapter 65 (relating to special fishing regulations))
*  *  *  *  *

§ 61.2. Delaware River, West Branch Delaware River and River Estuary.

 (e) The following seasons, sizes and creel limits apply to the Delaware River, West Branch Delaware River and Delaware River tributaries from the mouths of the tributaries upstream to the limit of the tidal influence and the Lehigh River from its mouth upstream to the first dam in Easton, Pennsylvania:

SPECIESSEASONSMINIMUM SIZEDAILY LIMIT
TROUT8 a.m., the opening day of the regular season for trout to midnight, October 15North of I-84: 14 inchesNorth of I-84: 1 (combined species)
South of I-84: no minimumSouth of I-84: 5 (combined species)
West Branch Delaware River:* 12 inchesWest Branch Delaware River:* 2 (combined species)
*  *  *  *  *

* A special no-kill artificial lures only season is in effect on the West Branch of the Delaware River from October 16 to midnight on the Friday before the opening day of the regular season for trout.

See § 65.24 (relating to miscellaneous special regulations).

CHAPTER 63. GENERAL FISHING REGULATIONS

§ 63.3. Fishing in stocked trout waters.

 It is unlawful to fish in stocked trout waters regulated under § 61.1 (relating to Commonwealth inland waters) from 12:01 a.m. on the third Monday in February to 8 a.m. on the opening day of the regular season for trout. As used in this subpart, the term ''stocked trout waters'' means waters that are stocked with adult trout by the Commission. A listing of stocked trout waters is published in the Commission's ''Summary of Fishing Regulations and Laws,'' which is available from the Commission at Post Office Box 67000, Harrisburg, Pennsylvania 17106-7000. The Executive Director or a designee may, from time to time, supplement or modify the list of stocked trout waters, and additions or deletions will be published in the Pennsylvania Bulletin.

§ 63.20. Permits for the protection and management of trout.

 (a) Finding. The Commission finds under section 2904 of the code (relating to permits for the protection and management of particular fish) that it is necessary for the protection and management of trout in the waters of this Commonwealth that persons who fish for trout have a permit for that activity.

 (b) Permit required. It is unlawful for a person required by Chapter 27 of the code (relating to fishing licenses) to procure a fishing license to fish for trout unless that person has first procured a valid trout permit or a combination trout permit and Lake Erie permit.

 (c) Exceptions.

 (1) The Commission will issue a trout permit without fee to disabled veterans who possess a free fishing license under section 2707 of the code (relating to disabled veterans).

 (2) A person who is exempt from the fishing license requirements of Chapter 27 of the code or who is issued an institutional fishing license under section 2708 of the code (relating to institutional licenses) is exempt from this section.

 (3) A person who purchased a senior resident lifetime fishing license and a trout permit or a combination trout permit and Lake Erie permit prior to January 1, 2015, shall be exempt from the requirements of this section.

 (4) A trout permit is not required to fish for trout on free fishing days designated by the Commission under section 2709(d) of the code (relating to exemptions from license requirements).

 (5) A trout permit is not required to fish for trout on Class A regulated fishing lakes. A trout permit is not required to fish for trout on designated Class B regulated fishing lakes that have the following characteristics:

 (i) The lake is a natural pond or impoundment located wholly on private property and constructed and maintained wholly with private funds.

 (ii) The lake is operated by a private club or organization.

 (iii) The lake is not open for fishing by the general public, and fishing is restricted to members only.

 (iv) The trout/salmon population of the lake is composed entirely of trout or salmon stocked from private resources and contains no trout or salmon stocked by the Commission, the United States Government or cooperative nurseries recognized by the Commission.

 (d) Fish for trout or salmon. A person fishes for trout or salmon when one of the following applies:

 (1) The person fishes in waters under special trout regulations designated under those sections of Chapter 65 (relating to special fishing regulations) that require a trout permit, wilderness trout streams or their tributaries or Class A wild trout waters or their tributaries.

 (2) The person fishes in streams or rivers that are stocked trout waters as defined in § 63.3 (relating to fishing in stocked trout waters) or their tributaries during the period from 12:01 a.m. on the third Monday in February until midnight May 31.

 (3) The person takes, kills or possess, while in the act of fishing, a trout or salmon on or in waters of this Commonwealth or boundary waters.

CHAPTER 65. SPECIAL FISHING REGULATIONS

§ 65.5. Catch and release artificial lures only.

 (a) The Executive Director, with the approval of the Commission, may designate waters as catch and release. The designation of waters as catch and release shall be effective when the waters are posted after publication of a notice of designation in the Pennsylvania Bulletin.

 (b) It is unlawful to fish in areas designated and posted catch and release except in compliance with the following requirements:

 (1) 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 any other lures or substances is prohibited.

 (2) No trout may be killed or had in possession.

 (3) Open to fishing year-round.

 (4) Wading is permitted unless otherwise posted.

 (5) Taking of bait fish or fish bait 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 catch and release 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 catch and release area.

§ 65.6. Delayed harvest artificial lures only areas.

 (a) The Executive Director, with the approval of the Commission, may designate waters as delayed harvest, artificial lures only areas. The designation of waters as delayed harvest, artificial lures only areas shall be effective when the waters are posted after publication of a notice of designation in the Pennsylvania Bulletin.

 (b) It is unlawful to fish in designated and posted delayed harvest, artificial lures only areas except in compliance with the following requirements:

 (1) Fishing may be done with artificial lures only constructed of metal, plastic, rubber or wood or with flies or streamers constructed of natural or synthetic materials. Lures may be used with spinning or fly fishing gear.

 (2) The use or possession of any natural bait, bait fish, fish bait, bait paste and similar substances, fish eggs (natural or molded) or any other edible substance is prohibited.

 (3) Minimum size is: 9 inches, caught on, or in possession on, the waters under regulation.

 (4) The daily creel limit is: three combined species except during the period after Labor Day and before June 15 when the daily limit shall be zero trout combined species, caught on or in possession on the waters under regulation.

 (5) Taking of bait fish or fish bait 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 delayed harvest artificial lures only 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 delayed harvest artificial lures only area.

§ 65.12. Regional opening day of trout season.

 (a) The Executive Director, with the approval of the Commission, may designate waters in certain regions as part of the regional opening day of trout season. The designation of waters as part of the regional opening day of trout season shall be effective upon publication of a notice of designation in the Pennsylvania Bulletin.

 (b) (Reserved).

 (c) (Reserved).

 (d) (Reserved).

 (e) (Reserved).

§ 65.14. Catch and release fly-fishing only.

 (a) The Executive Director, with the approval of the Commission, may designate waters as catch and release fly-fishing only. The designation of waters as catch and release fly-fishing only shall be effective when the waters are posted after publication of a notice of designation in the Pennsylvania Bulletin.

 (b) It is unlawful to fish in waters designated and posted as catch and release fly-fishing only except in compliance with the following requirements:

 (1) Fishing may be done with artificial flies and streamers constructed of natural or synthetic materials so long as all flies are constructed in a normal fashion with components wound on or about the hook or hooks. Use or possession of any other lures or substances is prohibited.

 (2) Fishing shall be done with tackle which is limited to fly rods, fly reels and fly line with leader material or monofilament line attached. Spinning, spincast and casting rods and reels are prohibited.

 (3) No trout may be killed or had in possession.

 (4) Open to fishing year-round.

 (5) Taking of baitfish or fishbait is prohibited.

 (6) Wading is permitted unless otherwise posted.

 (7) 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 catch and release fly-fishing only 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 catch and release fly-fishing only area.

§ 65.15. Catch and release all-tackle.

 (a) The Executive Director, with the approval of the Commission, may designate waters as catch and release all-tackle. The designation of waters as catch and release all-tackle shall be effective when the waters are posted after publication of a notice of designation in the Pennsylvania Bulletin.

 (b) It is unlawful to fish in waters designated and posted catch and release all-tackle except in compliance with the following requirements:

 (1) There are no tackle restrictions.

 (2) No trout may be killed or had in possession.

 (3) Open to fishing year-round; there is no closed season.

 (4) A current trout permit is required.

 (c) Notwithstanding the requirements of this section, an angler in a boat may possess 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 catch and release all-tackle 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 catch and release all-tackle area.

§ 65.19. Stocked trout waters open to year-round fishing.

 (a) The Executive Director, with the approval of the Commission, may designate waters as stocked trout waters open to year-round fishing. The designation of waters as stocked trout waters open to year-round fishing shall be effective upon publication of a notice of designation in the Pennsylvania Bulletin.

 (b) It is unlawful to fish in waters designated as stocked trout waters open to year-round fishing except in compliance with the following seasons and size and creel limits. It is not a violation of this section if a trout is immediately returned unharmed to the waters from which it is taken.

SPECIESSEASONSMINIMUM SIZEDAILY LIMIT
ALL SPECIES OF TROUT AND SALMON (except landlocked Atlantic salmon) Regular Season: 8 a.m. of the opening day of the regular season for trout to midnight Labor Day7 inches5 (combined species)
Extended Season: 12:01 a.m. day after Labor Day to midnight the third Monday in February of the following year7 inches3 (combined species)
12:01 a.m. the third Monday in February to 8 a.m. the opening day of the regular season for trout NO HARVEST—Catch and immediate release only

 (c) It is unlawful to fish in rivers and streams designated as stocked trout waters open to year-round fishing without a current trout permit. A trout permit is not required to fish in lakes and ponds that have been designated as stocked trout waters open to year-round fishing unless the person takes, kills or possesses, while in the act of fishing, a trout or salmon on or in these waters.

§ 65.20. Mentored Youth Fishing Day Program.

 (a) The Executive Director may annually designate Mentored Youth Fishing Days. As part of the designation, the Executive Director will identify the species, waters, dates, creel and minimum size limits and other applicable limitations. The designation will be effective upon publication of a notice in the Pennsylvania Bulletin.

 (b) It is unlawful to fish in waters designated as part of the Mentored Youth Fishing Day Program except in compliance with the following requirements when participating in the Mentored Youth Fishing Day Program:

 (1) Anglers shall adhere to the limitations as established by the Executive Director by notice in the Pennsylvania Bulletin.

 (2) An angler 16 years of age or older shall be accompanied by a youth, less than 16 years of age, who has obtained a mentored youth permit or a voluntary youth fishing license from the Commission.

 (3) A youth angler shall obtain a mentored youth permit or a voluntary youth fishing license from the Commission and be accompanied by an angler 16 years of age or older.

 (4) A current trout permit is required for an angler 16 years of age or older when participating in a Mentored Youth Fishing Day Program that relates to trout.

 (c) Notwithstanding the requirements of this section, an angler in a boat may possess 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 water designated as part of the Mentored Youth Fishing Day Program 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 water designated as part of the Mentored Youth Fishing Day Program.

§ 65.24. Miscellaneous special regulations.

 The following waters are subject to the following miscellaneous special regulations:

*  *  *  *  *

*  *  *  *  *

*  *  *  *  *

*  *  *  *  *

*  *  *  *  *

CountyName of WaterSpecial Regulations
Centre and MifflinPenns Creek, from the confluence of Elk Creek downstream 7 miles to 600 meters downstream of Swift RunOpen to fishing year-round. All tackle types are permitted. From 8 a.m. on the opening day of the regular season for trout through Labor Day—the daily creel limit for trout is 2 (combined species). Trout must be at least 7 inches but less than 12 inches in length to be killed or possessed. 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. Inland regulations apply to all other species. This miscellaneous special regulation will remain in effect until further notice.
Huntingdon Raystown Lake (includes Raystown Branch from the Raystown Dam downstream to the confluence with the Juniata River).Trout (all species)—no closed season. Daily limit: opening day of the regular season for trout until Labor Day—5 trout per day; day after Labor Day to opening day of the regular season for trout of the following year—3 trout per day. Size limits: Inland rules apply. Smelt may be taken from shore or by wading by means of dip nets not to exceed 20 inches in diameter or 20 inches square. The daily limit per person is the greater of 1 gallon of smelt by volume or 200 smelt by number.
LuzerneHarveys LakeDuring the period from the opening day of the regular season for trout through midnight the third Monday in February, the daily creel limit for trout (combined species) is 3, only one of which may exceed 18 inches in length. Warmwater/coolwater species, except as provided in this section—Inland regulations apply.
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.Trout (all species)—no closed season. Daily limit: opening day of the regular season for trout until Labor Day—5 trout per day; day after Labor Day to opening day of the regular season for trout of the following year—3 trout per day. Inland regulations apply to warmwater/coolwater species.
WarrenAllegheny River—8.75 miles downstream from the outflow of the Allegheny Reservoir to the confluence with Conewago CreekTrout—minimum size limit—14 inches; daily creel limit—2 trout per day (combined species) from 8 a.m. on the opening day of the regular season for trout through midnight Labor Day, except during the period from the day after Labor Day to the opening day of the regular season for trout of the following year, when no trout may be killed or had in possession. Other inland seasons, sizes and creel limits apply.
WashingtonLittle Chartiers Creek from Canonsburg Lake Dam approximately 1/2 mile downstream to mouth of Chartiers CreekFishing is prohibited from 12:01 a.m. the third Monday in February to 8 a.m. the opening day of the regular season for trout.
WayneWest Branch Delaware RiverTrout: From the Pennsylvania/New York border downstream to the confluence with the East River Branch of the Delaware River: no-harvest artificial lures only season on trout from October 16 until midnight of the Friday before the opening day of the regular season for trout. During the no-harvest artificial lures only season: 1. Fishing may be done with artificial lures only, constructed of metal, plastic, rubber or wood, or flies or
streamers constructed of natural or synthetic materials. Lures may be used with spinning or fly fishing gear. Use or possession of any other lures or substances is prohibited. 2. The daily creel limit for trout is 0.
*  *  *  *  *

§ 65.26. Extended trout season.

 (a) General rule. The extended trout season is in effect from the day after Labor Day until the third Monday in February of the following year on stocked trout waters. A creel limit of three trout per day and a minimum size limit of 7 inches apply during this season, except Class A wild trout streams where the creel limit is 0 and areas with special regulations.

*  *  *  *  *

CHAPTER 67. NURSERY WATER

§ 67.2. Refuge areas.

*  *  *  *  *

 (b) Refuge areas are closed to public fishing except during the period from June 15 until the third Monday in February of the following year.

*  *  *  *  *

CHAPTER 69. FISHING IN LAKE ERIE AND BOUNDARY LAKES

Subchapter B. SPORT FISHING AND ANGLING

§ 69.12a. Special regulations applicable to Lake Erie tributary streams.

*  *  *  *  *

 (c) From 12:01 a.m. on the day after Labor Day, until the opening day of the regular season for trout of the following year, all Lake Erie tributary streams are closed to fishing from 10 p.m. until 5 a.m. on the following day except for Walnut Creek north of Manchester Road Bridge and Elk Creek north of Route 5.

*  *  *  *  *

[Pa.B. Doc. No. 21-2060. Filed for public inspection December 10, 2021, 9:00 a.m.]



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