Opportunities, Proposes Changes to Commercial Fishing Practices on Lake Erie, and Moves to Simplify Regulations at Fish Cleaning Stations During Quarterly Meeting
HARRISBURG– During its quarterly business meeting earlier this week the Pennsylvania Fish and Boat Commission (PFBC) encouraged anglers and boaters to take advantage of the many fall and winter fishing and boating opportunities available across the Commonwealth and reminded everyone to make safety a priority while enjoying the water.
Board Vice President and District 2 Commissioner John Mahn, Jr. reminded anglers and boaters about the annual cold weather life jacket requirement that begins on November 1, 2024, and lasts through April 30, 2025.
“Especially during this early portion of the cold weather months, when many people are still active with the scenic fall foliage as a backdrop to their fishing and boating adventures, we want safety to be top-of-mind,” said Mahn. “I encourage you to spend time along your favorite river, lake, or stream, go for a paddle, and enjoy some of the best fishing of the year for bass, walleye, catfish, wild and stocked trout, and steelhead that are beginning their annual run on the Lake Erie tributaries. This winter, many anglers will seek ice fishing opportunities while others will enjoy some waterfowl hunting from a boat. Wherever you go, and however you enjoy the water and ice, have fun. If there is one thing you remember — please wear your life jacket. It’s the law this time of year on all kayaks, canoes, and boats under 16 feet.”
In his report to the Board, Executive Director Tim Schaeffer reminded the public that the application period remains open for the PFBC’s popular Boating Facility Grant Program. Applications for the program are due by November 30, 2024. Information about the program, including application materials, can be found on the PFBC website (Fishandboat.com).
Law Enforcement
Commissioners voted to approve the publication of a notice of proposed rulemaking pertaining to regulations for fish cleaning stations (58 Pa. Code § 63.15a). Following comments from the public regarding the current requirement to leave a 2-inch by 2-inch piece of skin on processed fillets at noncommercial officially recognized fish cleaning stations, PFBC staff conducted a review that included internal discussions, a meeting in Erie in September with interested stakeholders to hear and discuss their feedback, and consideration at two Law Enforcement Committee meetings. As a result of this process, staff determined that resource conservation goals could be achieved by eliminating the 2-inch by 2-inch piece of skin requirement in favor of requiring that fillets remain fully intact. If adopted on final rulemaking at a future meeting, the amendments will go into effect upon publication in the Pennsylvania Bulletin.
Boating
Commissioners voted to give final approval to changes pertaining to boat rental businesses, also known as liveries. Under these changes, customer safety and education at liveries will be improved through several changes to 58 Pa. Code § Chapter 117 (Boat Rental Businesses). Changes will include new responsibilities for livery operators to provide accurate business information to the PFBC, deliver safety orientation to all renters, possess a Boating Safety Education Certificate if conducting the required safety orientation for motorboat rentals, and properly display boat registration or use permits on rental boats for the access areas on which the rental boats will be used. In addition, livery operators will be required to document the names of renters who have been provided with boating safety orientation. These changes will go into effect on January 1, 2025.
Commissioners voted to give final approval to changes to regulations pertaining to boating safety and manufacturer installed equipment (58 Pa. Code § 95Opens In A New Window). Under the changes, a section (58 Pa. Code § 95.10Opens In A New Window) will be added to the PA Fish and Boat Code pertaining to engine cut-off switches. This action will align PFBC regulations with United States Coast Guard (USCG) rules which require the operator of a boat less than 26 feet in length equipped with an engine cutoff to use an engine cut-off switch when the boat is operated at greater than slow no-wake speed. The use of an engine cut-off switch will not be required when the operator is in a fully enclosed cabin of a boat. These changes will go into effect upon publication in the Pennsylvania Bulletin.
The Board voted to give final approval to changes pertaining to boating regulations. Under the changes, the section of the PA Fish and Boat Code (58 Pa. Code § 99a) pertaining to boat capacity plates will be removed. The PFBC has been advised by the USCG that federal capacity plate requirements apply to manufacturers and are enforced by the USCG. Therefore, it is unnecessary for the PFBC to promulgate regulations regarding capacity plate requirements. These changes will go into effect upon publication in the Pennsylvania Bulletin.
Fisheries
Commissioners voted to approve a notice of proposed rulemaking pertaining to fishing regulations in Lake Erie and boundary lakes (58 Pa. Code Chapter 69). Under the proposal, which would apply to commercial fishing and use of commercial trap nets, regulations would be updated to address changing conditions and current best practices, streamline regulatory compliance, and continue to provide resource protection to the Lake Erie Fishery. Amendments to the regulations would include a requirement for licensed commercial fishing operators to file a monthly report with the PFBC describing the licensee’s daily catch and latitude and longitude coordinates for each grid fished during the period. Additionally, licensees using commercial trap nets who encounter any Pennsylvania species defined as Endangered species (58 Pa. Code Chapter § 75.1) and Threatened species (58 Pa. Code Chapter § 75.2) shall release the species unharmed. The proposal also includes amended requirements for buoys and tags used to mark trap nets, allowable time periods for using trap nets, prohibited acts (58 Pa. Code Chapter § 69.37) related to commercial fishing, clearing of nets (58 Pa. Code Chapter § 69.38), and landing of catch (58 Pa. Code Chapter § 69.39). If adopted on final rulemaking at a future meeting, these amendments will go into effect upon publication of a second notice in the Pennsylvania Bulletin.
The Board voted to approve changes in fishing regulations at Tamarack Lake located in East Mead and West Mead Townships, Crawford County. Under these changes, the 562-acre impoundment will be removed from the Catch and Release Lakes program (58 Pa. Code § 65.17) and added to the Big Bass program (58 Pa. Code § 65.9) and the Panfish Enhancement program (58 Pa. Code § 65.11) for crappies and sunfish. Tamarack Lake was completely dewatered during August 2012 to complete dam and spillway repairs and modifications per Pennsylvania Department of Environmental Protection dam safety standards. Following completion of these repairs and modifications, the lake was refilled in 2019. The PFBC stocked the lake from 2019 through 2024 with select fish species to establish a high-quality, warm-water and cool-water fishery. The black bass and panfish populations were evaluated from 2021 through May 2024 to monitor progress towards the development of a high-quality, warm-water and cool-water fishery. Sportfish abundance and population size structure have improved to levels where populations can now sustain limited harvest. These changes will go into effect on January 1, 2025.
Commissioners voted to approve changes in fishing regulations at Pecks Pond located within Delaware State Forest in Blooming Grove and Porter Townships, Pike County. Under these changes, the 300-acre impoundment will be removed from the Catch and Release Lakes program (58 Pa. Code § 65.17). Upon removal of this regulation, Pecks Pond will be managed with Commonwealth Inland Waters angling regulations (58 Pa. Code § 61.1) for all species. Pecks Pond was completely dewatered in 2016 to complete dam and spillway repairs and modifications per Pennsylvania Department of Environmental Protection dam safety standards. Following completion of these repairs and modifications, refill occurred in 2020, and the PFBC stocked the lake from 2020 to present with select fish species to establish a high-quality, warm-water and cool-water fishery. Pecks Pond is very shallow, inundated with dense aquatic vegetation, and has limited access, which prohibited an assessment of the sportfish populations. However, based on the typical timeframe for establishment of a fishery following restoration efforts, PFBC staff have determined that the lake can now sustain harvest. These changes will go into effect on January 1, 2025.
The Board voted to approve changes to fishing regulations on portions of Fishing Creek, Clinton County. Under these changes, Fishing Creek, sections 07 and 09, which are part of the popular section of the stream referred to as the “Narrows,” would be removed from the Trophy Trout Artificial Lures Only program (58 Pa. Code § 65.7) and added to the Catch and Release Artificial Lures only program (58 Pa. Code § 65.5). Fishing Creek is one of the most popular Class A wild trout streams in Pennsylvania, supporting robust populations of wild Brook Trout and wild Brown Trout. From March through September 2023, the PFBC conducted angler surveys on the Narrows to obtain updated information on angler use, harvest, and opinions. A total of 927 anglers were interviewed during the 2023 survey, and all anglers interviewed practiced catch-and-release angling with no trout being harvested. Anglers indicated a strong preference to manage the entire reach of the Narrows under Catch and Release Artificial Lures Only regulations rather than a combination of Trophy Trout Artificial Lures Only and Catch and Release Artificial Lures Only regulations. Staff solicited feedback from landowners in sections 07 and 09 and respondents indicated support for the regulation change. Whenever possible, the PFBC attempts to simplify regulations where biological objectives and angler and landowner preferences align. To facilitate transition of sections 07 and 09 to the Catch and Release Artificial Lures Only program, these sections must first be removed from the Trophy Trout Artificial Lures Only program. These changes will go into effect on January 1, 2025.
Commissioners voted to approve changes to fishing regulations on a portion of Muncy Creek, Lycoming County. Under these changes, Muncy Creek, Section 06, would be added to the Delayed Harvest Artificial Lures Only (DHALO) program (58 Pa. Code § 65.6). Muncy Creek is currently managed as six different sections for fisheries management purposes. Sections 02-05 are included in the Stocked Trout Waters (STW) program. Sections 02, 03, and 05 are managed under Commonwealth Inland Waters angling regulations (58 Pa. Code § 61.1), while Section 04 is managed under DHALO regulations. Section 05 is stocked during the preseason and in-season stocking periods; however, there is a 1.1-mile-long reach located within Section 05 that is posted, resulting in approximately 12 percent of the section being closed to public angling. The landowner of the 1.1-mile-long reach that is currently closed to angling contacted the PFBC regarding establishing a special regulation area on this section and open it to public angling. To accommodate this change, Section 05 will be re-sectioned into three sections, with sections 05 and 07 being included in the STW program and Section 06 included in the DHALO program. These changes will go into effect January 1, 2025.
Commissioners voted to give final approval to regulations pertaining to the Atlantic Striped Bass fishery in the Delaware River, West Branch Delaware River, and Delaware Estuary (58 Pa. Code § 61.2Opens In A New Window). These changes will revise the legal harvestable length and creel limits to align with temporary regulations enacted by the Executive Director in January and May 2024 that are set to expire at the end of the year and add filleting requirements specific to Striped Bass. These changes are being made to comply with Addendum II to Amendment 7 to the Interstate Fishery Management Plan for Atlantic Striped Bass, approved in January 2024 by the Atlantic States Marine Fisheries Commission’s (ASMFC) Atlantic Striped Bass Management Board, which includes the Commonwealth as a member. The Addendum seeks to reduce fishing mortality and support stock rebuilding of Atlantic Striped Bass by 2029.
Changes pertaining the size and creel limit for Striped Bass are to amend 58 Pa. Code § 61.2 to a 28 to less than 31-inch size limit, 1 fish per day creel limit, in the Delaware Estuary from January 1 through March 31 and June 1 through December 31 and in the Delaware River year-round; and a 22 to less than 26-inch size limit, 1 fish per day creel limit, in the Delaware Estuary from April 1 through May 31.
Additionally, to address concerns about recreational filleting allowances and compliance with creel limits, Addendum II requires states that authorize at-sea and/or shoreside filleting of Atlantic Striped Bass to establish minimum requirements, including requirements for carcasses to be retained and possession to be limited to no more than two fillets per legal fish harvested. These recreational filleting allowance requirements are mostly covered under 58 Pa. Code § 63.15 (Field dressing and disposal of fish); however, the provision for the possession limit of no more than two fillets per fish is unclear. As such, these changes include adding recreational filleting requirements specific to Atlantic Striped Bass to 58 Pa. Code § 61.2.
In addition to the ASMFC mandated amendments, staff identified an opportunity to further clarify language in 58 Pa. Code § 61.2 (d) pertaining to the required use of a circle hook when fishing with bait for any species of fish in the tidal Delaware Estuary. The intent of this provision is to require a hook configuration consisting of a single, non-offset (in-line) circle hook; however, the current language is unclear regarding the prohibition of a multiple circle hook configuration. As such, this change adds clarifying language to the body of the text in the regulation. These changes will go into effect on January 1, 2025.
The Board voted to approve the addition of 20 new waters to the PFBC’s list of Class A wild trout streams, the addition of 24 new waters to the PFBC’s list of wild trout streams, and the revision of six waters currently listed. A list of waters proposed for Class A wild trout and wild trout stream designation can be found in the Pennsylvania Bulletin. All of these additions will go into effect upon publication of a second notice in the Pennsylvania Bulletin.
Public Access and Real Estate
The Board authorized the acquisition of an easement along Little Juniata Creek in Wheatfield Township, Perry County. Through this action, the PFBC will amend a previous easement agreement approved at the July 2024 meeting for the purpose of public fishing, boating, and riparian and fishery management along approximately 8,120 linear feet of stream. Under the new agreement, the PFBC will pay an additional $15,000 to the landowner so that a public parking area may be added to the easement area. Funding for the easement will be provided through the U.S. Department of Agriculture’s Natural Resources Conservation Service’s Voluntary Public Access and Habitat Incentive Program (VPA-HIP). Little Juniata Creek provides significant stocked trout and wild Brown Trout fishing opportunities in the area. Staff will adhere to the PFBC’s standard practices for acquiring property, including meeting due diligence and funding requirements.
Other Matters
The Board offered a statement regarding the issue of compensation for Waterways Conservation Officers.
“The Board of Commissioners supports our Waterways Conservation Officers and their right to collectively bargain. We support fair and equitable compensation for all employees, including Waterways Conservation Officers. We have and we will continue to express that position to the Office of Administration. That being said, the PFBC has the authority to create rules and regulations for:
1.) Fishing to aid in the better protection, preservation and management of fish; and
2.) Boating and the management and operation of boats.
The PFBC does not have the authority to create rules and regulations regarding Commonwealth employee compensation.”
Special Announcements
The Board approved the following dates for its quarterly business meetings in 2025:
- January 27-28, 2025
- April 28-29, 2025
- July 28-29, 2025
- October 27-28, 2025
The January and July 2025 meetings will be held at the PFBC headquarters located at 1601 Elmerton Avenue, Harrisburg, PA 17110. The locations of the April and October 2025 meetings will be announced at a later date.
