Proposed exemptions to 58 Pa. Code § 57.8a (Class A Wild Trout Streams) to allow for the
continued stocking of trout at 12 Class A stream sections.
Commentary:
On September 30, 2014 (effective January 1, 2015), the statement of policy at 58 Pa.
Code § 57.8a (Class A Wild Trout Streams) was amended to require the Executive
Director to obtain approval from the Pennsylvania Fish and Boat Commission
(Commission) prior to granting permission to stock a Class A wild trout stream section.
Following the update to § 57.8a, staff developed internal decision-making criteria to
allow continued Commission stocking of a limited number of Class A wild trout stream
sections. Subsequently, 13 stream sections that support strong Class A wild Brown Trout
populations were officially designated as Class A wild trout streams during the 2015-
2017 timeframe following updated wild trout surveys, and stocking was continued. The
stream sections where stocking continued are heavily fished waters in high-density
human population centers of a size and character that can support a fishery featuring both
stocked and wild trout components.
Historically, there have been very few streams where stocking of trout following Class A
designation was considered and warranted. However, there are rare cases, beyond the
current 13 stocked Class A wild trout stream sections, where a stocking exemption should
be considered. To account for these rare circumstances, staff developed additional
decision-making criteria to consider internal and external requests for continued stocking
of newly designated Class A wild trout streams. These criteria provide staff direction to
guide decisions when unusual situations arise, but do not automatically result in
continued stocking when criteria are met, as most Class A stream sections are best
managed solely for wild trout with no stocking. They offer a mechanism for transparent,
timely, and consistent consideration of requests to continue the stocking of newly
designated Class A wild trout streams. These criteria, listed below, can also be found in
the Operational Guidelines for the Management of Trout Fisheries in Pennsylvania
Waters, 5th edition anticipated to be released in January 2021 and available at
www.fishandboat.com.
1. Pre-existing youth fishing derbies and special use areas that were properly permitted
by the Commission and have a history of more than one past occurrence.
2. Pre-existing private stockings on private property on recently designated (i.e., within
one year of posting in the Pennsylvania Bulletin) Class A stream sections that have
been closed to public angling at the time of Class A designation and at least since
2010. Historic stockings need to be verifiable by documentation, stocking records,
and have a history of more than one past occurrence.
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Attachment 1
3. Stream sections stocked by the Commission, a cooperative nursery, and/or a private
group or individual the year prior to Class A designation, have a history of more than
one past occurrence, and meet the following sub-criteria.
a) The stream section was stocked with adult trout during the year immediately prior
to its designation as a Class A wild trout stream.
b) Angler use (anglers/mile of stream) in the stream section equals or exceeds the
statewide 50th percentile of angler use for the opening weekend of trout season as
documented by Commission staff, or the stream section is a special regulation
area under 58 Pa. Code Chapter 65 (relating to special fishing regulations) that
was stocked by the Commission the year immediately prior to its designation as a
Class A wild trout stream.
c) The trout species to be stocked are not the same species as the primary component
of the wild trout population.
d) The stocking numbers and frequency will not exceed those of the year prior to the
Class A designation.
4. Stream sections which previously received an exemption or a Special Activities
Permit from the Commission between 2010 and the present to allow for continued
stocking of a Class A wild trout stream section. If the exemption was time-limited
and not renewed before expiration, it will be considered a new request and a
determination will be made according to other exemption criteria.
Exemptions to the prohibition of stocking hatchery trout into Class A wild trout stream
sections will be granted only under rare circumstances. Consideration is only given to
requests for continued stocking in stream sections within one 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 from the Commission
between 2010 and the present to allow for continued stocking are eligible for
consideration. Should an exemption be granted, the Commission will determine the
species of trout, number of trout, and frequency of stocking consistent with stocking
strategies and historical stocking rates of the stream section to minimize impacts to the
Class A wild trout population. All stocking provisions will be communicated in writing
by the Commission to the entity receiving the exemption for continued stocking on Class
A designated waters. Stocking exemptions will be valid for no more than five years at
which time the need for continuance may be evaluated.
To date, Commission staff have identified 13 potential exemptions to 58 Pa. Code §
57.8a (Class A Wild Trout Streams) that meet the criteria to consider the continuance of
trout stocking at 12 Class A stream sections. Of these 13 potential exemptions, 10 are
associated with youth fishing derbies that occur on a small portion of the stream section.
The general exemption classification, stream name, stream section, county, and
commissioner district are listed below.
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Attachment 1
Youth fishing derbies
1) Beaver Run (Section 01), Clearfield County, Commissioner District 3
2) Freeman Run (Section 03), Potter County, Commissioner District 3
3) McElhattan Creek (Section 02), Clinton County, Commissioner District 3
4) Yellow Creek (Section 02), Bedford County, Commissioner District 4
5) Letort Spring Run (Section 03), Cumberland County, Commissioner District 6
(two events)
6) Laurel Run (Section 02), Berks County, Commissioner District 8
7) Unnamed tributary to Tulpehocken Creek (Womelsdorf) (Section 02), Berks
County, Commissioner District 8
8) Wyomissing Creek (Section 03), Berks County, Commissioner District 8
General fishing derbies (adult and youth participants)
9) Kishacoquillas Creek (Section 05), Mifflin County, Commissioner District 4
Children/Disabled Fishing Areas
10) Marvin Creek (Section 01), McKean County, Commissioner District 3
Previous stocking exemption granted
11) Cross Fork (Section 03), Potter County, Commissioner District 3
12) Warriors Mark Run (Section 01), Huntingdon County, Commissioner District 4
A notice of proposed exemptions was published at 50 Pa.B. 7254 (December 19, 2020)
(Exhibit J). The public comment period for this proposal is still open; therefore, a final
comment summary is not provided here. A summary of all public comments will be
communicated during the January 25, 2021 Commission meeting.
Briefer:
Kristopher M. Kuhn, Director, Bureau of Fisheries
Recommendation:
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Attachment 1
Staff recommend the Commission approve 13 exemptions to 58 Pa. Code § 57.8a (Class
A Wild Trout Streams) to allow for the continued stocking of trout at 12 Class A stream
sections as described in the Commentary.