Using spinning gear in Fly fishing only stream sections?

[TJones]

Been looking at the state regs in regards to to catch and release FFO sections... this is what I've found: (copied directly from the PFBC site)

• Open to fishing year-round.
• Fishing is permitted on a 24-hour basis.
• No trout may be killed or had in possession.
• 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. Anything
other than these items is prohibited.
• Taking baitfish or fishbait is prohibited.
• Wading is permitted unless otherwise posted.
• An angler in a boat may possess bait and fish
caught in compliance with the seasons, sizes and
creel limits in effect for a water from which it was 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.
• A current trout/salmon permit is required.

As we all know, an angler can fish "flies or streamers" quite successfully on spinning gear... Is this legal in FFO regulated stream sections here in PA?

 

[Maurice]

TYoung

Here is the adopted rulemaking changes. It appears to be a misprint.

(8) In § 65.14 (relating to catch and release fly-fishing only), the Commission deletes the reference to single hooks to clarify that multiple hooks are permitted. The Commission, however,
does not delete the reference to “fly line with a maximum of 18 feet in leader material or monofilament line attached” to allow center-pinning techniques. To eliminate confusion and having
to name or describe all prohibited lures and substances, the Commission deletes the list of prohibited
items in favor of naming the permitted lures and substances only.

Rulemaking 264

Something else eliminated in this snafu was the reference to Fly Reels and Fly Rods. ...Spinning, spincast and casting rods and reels are prohibited.

I will be notifying the F&BC of this error.

 

[sandfly]

no as it is not fly fishing gear (rod, line, leader,etc.)

 

[TJones]

Ok... Thanks for the clarification. However, I am still a bit confused by the centerpin reference. Does this mean centerpin is permitted in FFO areas? Or is this just a reference to allow fishing flies or nymphs with a long leader and indicator? True Centerpin fishing would require mor than 18' of line in a lot of circumstances.

 

[Maurice]

Toby there was a "whole thing" on this back in the summer. You can do a search on the site to mill through the details but basically it goes like this.

F&BC proposed rules simplification in May '15

One hidden very deep was the removal of the 18' leader form the C&R FFO reg. Reasoning was so that Centerpinning could be permitted. I found this and brought it to the attention of this board and our then commissioner Dr Bachmann. He was outraged and we campaigned and had that particular change eliminated to leave the regulation as is. except of the Single hook reference and the Disallowed substances removal.

Final rulemaking read properly,

Website and "brochure" language seems to indicate a complete removal of the line item
- Fishing may be done with tackle limited to Fly Rods, Fly Reels and fly line with a maximum of 18 feet in leader material or monofiliment line attached. Spinning, spincast and casting rods and reels are prohibited.

It is pretty disturbing that such an oversight could occur. However, the Law within the PA Bulletin is correct and the "law of the land" however, without proper signage it is difficult to enforce so it if important to correct it quickly to avoid the possibility of illegal behavior based on errors within the agency communications.

I have sent an email to the regional office and our WCO and Biologist. Hopefully this is a tall enough roof top to shout from, we shall see.

It never ends...

BTW, thanks for bringing this to our attention.

 

[TJones]

Thanks Maurice, definitely appreciate the help... Didn't realize this was quite the can of worms that it appears it may be. Interesting that someone was trying to sneak in a loop hole that would allow centerpin.

 

[Maurice]

TYoung,

I received a reply from the F&BC and indeed it was an error (leaving out the line about flyrods, reels, line 18' leader, etc) when producing the Summary booklet and update to the website.

They are underway with the correction to the website and alerting the LE leg of the error.

Thanks again for finding this and bringing it to the attention of the board.

Maurice