Yes, the regulations could be more clear. The wording has changed, but the inherent confusion that results has not. I think we can all agree on that. There obviously has to be a more clear way to recite this information. I hope the PFBC eventually finds it. I also hope it does not result in a net loss of fishing opportunities for certain parts of the year. (I don’t think that’s what the PFBC is in the business of doing though, see further explanation below.)
I firmly believe that WCO’s, who are in charge of enforcing the regs, are not out there looking to write up law abiding anglers who are trying to do things right.
I’ll offer this example as a case in point. A few years ago, in March, during the STW closure, I had a desire to fish a non-stocked, non-Class A, small natural reproduction stream. The most feasible way to access this stream however involves crossing a slightly larger, but still small, stream that is a STW, to reach its mouth. In the regs, being within 25 feet (or something like that - I didn’t look it up while writing this post, so don’t quote me) with fishing gear of a STW is illegal. So, I assumed this would make crossing the STW to access the non-stocked, non-Class A, natural reproduction stream illegal too. I decided to call the PFBC and ask, just to see. Got a response, that was quite reasonable…Just don’t rig up your rod until you’ve crossed the STW, and are 25 feet (or whatever) away from it before you rig up and start fishing. On your way back, break down your rod before you get back to the STW. WCO’s aren’t looking to stop license buying anglers from enjoying angling in PA. It makes no sense if you think about it…They should be wanting to encourage (lawful) angling!
^No one should interpret the above as accurate, or anything more than one WCO’s interpretation and application of the regs. A different WCO may have given a totally different answer. Point is, if you’re not sure, call and ask. And abide by and respect the response you get.
Or, just keep debating on here with a bunch of other jags who are just amateur attorneys trying to interpret the regs. (You guys seem to like it, and if you’re enjoying it, don’t let me or this post stop you.)