Subchapter A. FISHERIES POLICIES
Sec.
57.1. Policy for the conservation and management of fishery resources.
57.2. Allocation and stocking of legal-size trout.
57.3. Policy on water quality designation.
57.4. Wilderness trout streams.
57.5. Special regulations policy.
57.6. Restocking after fish kills.
57.7. Policy on acid precipitation.
57.8. [Reserved].
57.8a. Class A wild trout streams.
57.9. [Reserved].
57.9a. Publicizing stocking of fish.
57.10. Riparian buffer policy—statement of policy.
57.11. Listing of wild trout streams.
57.12. Policy on wind power projects.
Source The provisions of this Chapter 57 readopted January 6, 1984, effective January 7, 1984, 14 Pa.B. 46, unless otherwise noted. Immediately preceding text appears at serial pages (80317), (83607) to (83608), (82222) to (82223), (73325) to (73327) and (68796).
§ 57.1. Policy for the conservation and management of fishery resources.
It will be the policy of the Commission to protect, conserve and enhance the quality and diversity of the fishery resource of this Commonwealth including reptiles and amphibians and to provide continued and varied angling opportunity through scientific inventory, classification and management of that resource. To achieve the objectives of this policy, the Commission will do all of the following:
(1) Establish and maintain a current data base on the quality and quantity of the aquatic and fishery resources of this Commonwealth for effective environmental protection and resource conservation.
(2) Develop Statewide management programs to assure consistent treatment of all resources within given class. Similar waters will be managed to meet the same objectives under the same philosophy on a Statewide basis.
(3) Manage self-sustaining fish populations as a renewable natural resource to conserve that resource and the angling it provides.
(4) Use hatchery fish to provide recreation in those waters where fish populations are inadequate to sustain the fishery at desired levels.
(5) Develop appropriate regulations and operational strategies to replace policies that are not compatible with management through resource classification.
§ 57.2. Allocation and stocking of legal-size trout.
(a) The Commission will allocate trout, except fingerlings, to individual waters with the rate and frequency to be determined by the assignment of each water to a resource category
(b) The Commission will assign water areas to resource categories based on appropriately weighted biological and social factors, including the status of wild trout populations, stream width or lake area and recreational use potential as indicated by public access, parking spaces, ownership, proximity to roads, proximity to urban areas and activities of resource adoption organizations.
(c) The Division of Fisheries Management will maintain a current list of resource categories, trout allocation processes and trout allocations.
(d) This section supersedes other Commission policies or operating procedures to the extent inconsistent with this section.
Source The provisions of this § 57.2 amended September 16, 2005, effective September 17, 2005, 35 Pa.B. 5133. Immediately preceding text appears at serial page (311340).
§ 57.3. Policy on water quality designation.
It is the policy of the Commission to advance and seek, when supported by the current data base, the highest Department of Environmental Protection water quality designation for waters of this Commonwealth in order to achieve the objectives of this chapter.
Authority The provisions of this § 57.3 amended under section 10 of the Sunshine Act (65 P. S. § 280); and section 506 of The Administrative Code of 1929 (71 P. S. § 186).
Source The provisions of this § 57.3 amended November 5, 1999, effective November 6, 1999, 29 Pa.B. 5717. Immediately preceding text appears at serial page (228628).
§ 57.4. Wilderness trout streams.
It is the policy of the Commission to maintain the wilderness trout streams program where stream remoteness and populations of naturally reproducing trout combine to offer sport fishing opportunity for the recreation of anglers in a wilderness setting away from roads or vehicular access. It is the Commission’s intent to advocate proper watershed management to maintain the wilderness setting and to advance and seek the highest water quality standards through the Department of Environmental Protection.
Authority The provisions of this § 57.4 issued under 30 Pa.C.S. § § 322, 2102 and 2307.
Source The provisions of this § 57.4 adopted November 8, 1985, effective January 1, 1986, 15 Pa.B. 4036; amended February 12, 1993, effective February 13, 1993, 23 Pa.B. 754. Immediately preceding text appears at serial page (108039).
§ 57.5. Special regulations policy.
It is the policy of the Commission to utilize regulations differing from those in application on a Statewide basis when deemed necessary or desirable to protect, conserve or enhance the quality, quantity and diversity of this Commonwealth’s fisheries, to maintain public access or to provide for the safety of the users of the resource. It is the intention of the Commission to use the minimum necessary regulation to maintain the philosophy of its conservation policy and to minimize variations in regulations on similar waters having like management objectives.
Authority The provisions of this § 57.5 issued under 30 Pa.C.S. § § 322, 2102 and 2307.
Source The provisions of this § 57.5 adopted November 8, 1985, effective January 1, 1986, 15 Pa.B. 4036.
§ 57.6. Restocking after fish kills.
(a) It is the policy of the Commission to investigate fish kills, seek restitution for damage from those responsible for causing or allowing fish kill and restore through stocking, if necessary, or natural means, those recreational fisheries affected by a significant kill.
(b) If stocking is deemed necessary as determined by fisheries management personnel, it will receive a higher priority than those stockings of a normal maintenance or introductory effort and will occur when conditions are deemed suitable for restocking. The species, size and numbers of fish to be stocked will be determined by fisheries management and will be governed by hatchery availability.
Authority The provisions of this § 57.6 issued under 30 Pa.C.S. § § 322, 2102 and 2307.
Source The provisions of this § 57.6 adopted November 8, 1985, effective January 1, 1986, 15 Pa.B. 4036.
§ 57.7. Policy on acid precipitation.
It is the policy of the Commission to urge:
(1) The Congress and President to take prompt and decisive action to reduce emissions of sulfur dioxide and nitrogen oxides in the eastern half of the United States by the year 1993, as recommended by the National Academy of Science.
(2) The Federal government to vigorously enforce existing Clean Air Act limitations on emissions of sulfur and nitrogen oxides until appropriate new legislation is enacted.
(3) The Commonwealth, as the keystone State in this national issue, to take a leading role by enacting a unilateral 50% reduction in sulfur dioxide and nitrogen oxides emissions from Commonwealth sources.
Source The provisions of this § 57.7 adopted April 11, 1986, effective April 12, 1986, 16 Pa.B. 1278.
§ 57.8. [Reserved].
§ 57.8a. Class A wild trout streams.
It is the policy of the Commission to manage self-sustaining Class A wild trout populations as a renewable natural resource to conserve that resource and the angling it provides. Class A wild trout populations represent the best of this Commonwealth’s naturally reproducing trout fisheries. With rare exceptions, these stream sections are managed solely for the perpetuation of the wild trout fishery with no stocking. However, there may be circumstances that justify stocking a Class A wild trout stream. Prior to granting permission to stock a Class A wild trout stream under § 71a.8 (relating to stocking of designated waters), the Executive Director will consult internal decision-making criteria set forth in the Operational Guidelines for the Management of Trout Fisheries in Pennsylvania Waters to consider the need for continued stocking at newly designated Class A wild trout streams and obtain the approval of the Commission. Consideration will only be given to requests for continued stocking in stream sections within 1 year of the section being designated as Class A and posted in the Pennsylvania Bulletin; however, entities that previously received an exemption or a Special Activities Permit for continued stocking from the Commission between 2010 and the effective date of this amendment will be eligible for consideration.
(1) Criteria developed for Class A Wild Trout fisheries are species specific.
(2) Wild Trout Biomass Class Criteria include provisions for:
(i) Wild brook trout fisheries.
(A) Total brook trout biomass of at least 30 kg/ha (26.7 lbs/acre).
(B) Total biomass of brook trout less than 15 cm (5.9 inches) in total length of at least 0.1 kg/ha (0.089 lbs/acre).
(C) Brook trout biomass must comprise at least 75% of the total trout biomass.
(ii) Wild brown trout fisheries.
(A) Total brown trout biomass of at least 40 kg/ha (35.6 lbs/acre).
(B) Total biomass of brown trout less than 15 cm (5.9 inches) in total length of at least 0.1 kg/ha (0.089 lbs/acre).
(C) Brown trout biomass shall comprise at least 75% of the total trout biomass.
(iii) Mixed wild brook and brown trout fisheries.
(A) Combined brook and brown trout biomass of at least 40 kg/ha (35.6 lbs/acre).
(B) Total biomass of brook trout less than 15 cm (5.9 inches) in total length of at least 0.1 kg/ha (0.089 lbs/acre).
(C) Total biomass of brown trout less than 15 cm (5.9 inches) in total length of at least 0.1 kg/ha (0.089 lbs/acre).
(D) Brook trout biomass shall comprise less than 75% of the total trout biomass.
(E) Brown trout biomass shall comprise less than 75% of the total trout biomass.
(iv) Wild rainbow trout fisheries. Total biomass of rainbow trout less than 15 cm (5.9 inches) in total length of at least 2.0 kg/ha (1.78 lbs/acre).
(v) Mixed wild brook and rainbow trout fisheries.
(A) Combined brook and rainbow trout biomass of at least 40 kg/ha (35.6 lbs/acre).
(B) Total biomass of brook trout less than 15 cm (5.9 inches) in total length of at least 0.1 kg/ha (0.089 lbs/acre).
(C) Total biomass of rainbow trout less than 15 cm (5.9 inches) in total length of at least 0.1 kg/ha (0.089 lbs/acre).
(D) Brook trout biomass shall comprise less than 75% of the total trout biomass.
(E) Rainbow trout biomass shall comprise less than 75% of the total trout biomass.
(vi) Mixed wild brown and rainbow trout fisheries.
(A) Combined brown and rainbow trout biomass of at least 40 kg/ha (35.6 lbs/acre).
(B) Total biomass of brown trout less than 15 cm (5.9 inches) in total length of at least 0.1 kg/ha (0.089 lbs/acre).
(C) Total biomass of rainbow trout less than 15 cm (5.9 inches) in total length of at least 0.1 kg/ha (0.089 lbs/acre).
(D) Brown trout biomass shall comprise less than 75% of the total trout biomass.
(E) Rainbow trout biomass shall comprise less than 75% of the total trout biomass.
(3) A water will not be removed from the Class A Wild Trout Streams designation unless the cause leading to the reduction in the wild trout population has been clearly identified and it has been determined that the water is beyond remediation to re-establish the Class A wild trout population. Possible reasons include the following:
(i) Human caused conditions or sources of pollution prevent the attainment of a Class A wild trout fishery and cannot be remedied or will cause more environmental damage to correct than to leave in place.
(ii) Dams, diversions or other types of hydrologic modifications preclude the attainment of a Class A wild trout fishery, and it is not feasible to restore the water body to its original condition or to operate the modification in a way that will result in the attainment of a Class A wild trout fishery.
Authority The provisions of this § 57.8a amended under 30 Pa.C.S. § 2102(a) and (c).
Source The provisions of this § 57.8a adopted April 18, 1997, effective April 19, 1997, 27 Pa.B. 1944; amended March 21, 2014, effective March 22, 2014, 44 Pa.B. 1772; amended December 5, 2014, effective January 1, 2015, 44 Pa.B. 7561; amended April 2, 2021, effective April 3, 2021, 51 Pa.B. 1828; amended September 22, 2023, effective January 1, 2024, 53 Pa.B. 5914. Immediately preceding text appears at serial pages (404482) to (404484).
Cross References This section cited in 58 Pa. Code § 71a.5 (relating to Notice of Stocking to the Commission).
§ 57.9. [Reserved].
§ 57.9a. Publicizing stocking of fish.
(a) All stockings will be publicly announced.
(b) The Executive Director, in his discretion, may announce the date, time, location, number or weight of all stockings and may withhold announcements based on certain factors, including but not limited to, safety.
Source The provisions of this § 57.9a adopted April 18, 1997, effective April 19, 1997, 27 Pa.B. 1944; amended April 22, 2005, effective April 23, 2005, 35 Pa.B. 2416. Immediately preceding text appears at serial page (297629).
§ 57.10. Riparian buffer policy.
It is the policy of the Commission to pursue establishment and preservation of a stable, vegetated riparian buffer zone between waters of this Commonwealth and other land uses on Commonwealth property under the management and control of the Commission. It is the Commission’s intent to improve streambank and shoreline stabilization and water quality and to enhance fish and wildlife habitats in these areas, consistent with available fiscal and personnel resources. It is the policy of the Commission to encourage partnerships with other agencies, conservation organizations, and the private sector to providing funding and volunteer assistance to establish and preserve riparian buffer zones under this policy.
Source The provisions of this § 57.10 adopted December 1, 2000, effective December 2, 2000, 30 Pa.B. 6219.
§ 57.11. Listing of wild trout streams.
(a) Maintenance of list. It is the policy of the Commission to accurately identify and classify streams supporting naturally reproducing populations of trout as wild trout streams. The Fisheries Management Division will maintain the list of wild trout streams. The Executive Director, with the approval of the Commission, will from time-to-time publish the list of wild trout streams in the Pennsylvania Bulletin and on the World Wide Web. Persons with comments, objections or suggestions about the classification of streams listed may submit them to the Commission for review.
(b) Criteria for classifying wild trout streams. The classification of a stream as a wild trout stream means that the trout found there have resulted from natural reproduction and that the habitat supports wild trout. Identification of streams for the presence of wild trout typically involves:
(1) Location and habitat. Classifications of wild trout streams will involve examination of one or more sites, which may vary in size, within the stream. The exercise of judgment by the investigator is essential in describing the extent of the stream continuum to which the examination applies. The investigator should find that the habitat is such as would support natural reproduction of trout.
(2) Exclusion of stocked trout. In classifying a wild trout stream, the investigator should find trout resulting from natural reproduction in the stream section or upstream and downstream areas and their tributaries. In making this finding, the investigator will specifically exclude trout stocked as fingerlings or adults and trout that escape from a hatchery. The exercise of judgment is required in examining the trout for physical appearance such as coloration, fin condition and body configuration as indicators of the source of the trout. Direct evidence of natural reproduction of trout is a factor in making this classification, but it is not required if the other elements are present.
(3) Biological criteria. In identifying a wild trout stream, the investigator should find one or more of the following:
(i) Young of the year trout less than 150 mm occur at some time in the stream section.
(ii) Two or more ages of wild trout occur at some time within the stream section.
(4) Tributary linkages. Tributaries to wild trout streams are classified as wild trout streams for their function as habitat for segments of wild trout populations, including nurseries and refuges, and in sustaining water quality necessary for wild trout.
(c) Existing list. The streams identified as wild trout streams on or before January 1, 2002, and listed as such by the Fisheries Management Division will continue to be considered as wild streams by the Commission.
(d) Requests for evaluation or re-evaluation of streams. The Commission staff will evaluate or re-evaluate the classification of streams as wild trout streams at the request of the Department of Environmental Protection (DEP) in connection with permitting decisions. Requests for evaluation or re-evaluation from persons or parties other than DEP will be considered for review consistent with available staff and resources and prioritized based on the status of DEP permitting decisions related to the sites. Requests that the Commission staff evaluate or re-evaluate stream sections for inclusion on or removal from the list of streams supporting naturally reproducing populations of trout may be addressed to the Bureau of Fisheries, Pennsylvania Fish and Boat Commission, 595 East Rolling Ridge Drive, Bellefonte, Pennsylvania 16823. In evaluating requests to remove streams from the list of wild trout streams, the Commission will take into account circumstances where human intervention or manmade changes have diminished the capacity of a stream to meet the criteria set forth in this section. Streams will not be removed from the list of wild trout streams in circumstances where the investigator finds evidence that their characteristics and trout populations have been changed solely or principally as a result human intervention.
(e) Appeals. A person aggrieved by the classification of a stream section as a wild trout stream section may appeal the agency action by filing a notice of appeal with the Executive Director, Pennsylvania Fish and Boat Commission, Post Office Box 67000, Harrisburg, Pennsylvania 17106-7000 within 15 days after publication of the notice that the stream section had been so classified in the Pennsylvania Bulletin. Nothing in this subsection will be construed to enlarge or diminish the appeal rights of persons or parties in connection with permitting decisions and other actions of DEP.
Authority The provisions of this § 57.11 amended under the Fish and Boat Code, 30 Pa.C.S.; and section 186 of The Administrative Code of 1929 (71 P.S. § 186).
Source The provisions of this § 57.11 adopted July 18, 2003, effective July 19, 2003, 33 Pa.B. 3513; amended March 23, 2018, effective March 24, 2018, 48 Pa.B. 1672. Immediately preceding text appears at serial pages (375064) and (371359) to (371360).
Cross References This section cited in 25 Pa. Code § 105.1 (relating to definitions).
§ 57.12. Policy on wind power projects.
It is the policy of the Commission to have its staff fully coordinate agency concerns in the review of wind power development projects with all involved local, State and Federal regulatory agencies to avoid, minimize and mitigate harmful impacts to fish, other aquatic life, reptiles, amphibians and their habitats. Commission staff will seek the collection of adequate data for risk analysis when necessary in the environmental review process, the avoidance of threatened and endangered species and their habitats, the avoidance of ecologically sensitive areas when siting projects, the reduction of habitat fragmentation, and the development of mitigation strategies for unavoidable impacts.
Source The provisions of this § 57.12 adopted September 12, 2008, effective September 13, 2008, 38 Pa.B. 5033.
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