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.

 (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.

 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.

   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).

 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.

   The provisions of this §  57.4 issued under the Fish and Boat Code, 30 Pa.C.S. § §  322, 2102 and 2307.

 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.

   The provisions of this §  57.5 issued under the Fish and Boat Code, 30 Pa.C.S. § §  322, 2102 and 2307.

 (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.

   The provisions of this §  57.6 issued under the Fish and Boat Code, 30 Pa.C.S. § §  322, 2102 and 2307.

 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.

§ 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. These stream sections are managed solely for the perpetuation of the wild trout fishery with no stocking.

   (1)  Criteria developed for Class A Wild Trout fisheries are species specific.

   (2)  Wild Trout Abundance 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).

   (3)  For a water to be removed from the Class A Wild Trout Streams designation, total trout biomass shall be documented below the set criteria for two consecutive stream examinations.

§ 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.

 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.

 (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 reevaluation of streams. The Commission staff will evaluate or reevaluate 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 reevaluation 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 reevaluate 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, 450 Robinson Lane, Bellefonte, Pennsylvania 16823-9616. 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.

   The provisions of this §  57.11 adopted July 18, 2003, effective July 19, 2003, 33 Pa.B. 3513.

Subchapter B. POLICY ON DEVELOPMENT OF HYDROPOWER AT EXISTING OR PROPOSED DAMS IN THE COMMONWEALTH

Sec.

§ 57.21. General.

 (a)  General. Persons, corporations or other legal entities who erect or maintain dams on the waters of this Commonwealth are required, upon order of the Commission, to provide the fish passage facilities as the Commission may deem necessary to enable fish to ascend and descend the waters at all seasons of the year.

 (b)  Migratory waters. The Commission finds that it is in the public interest for fish passage facilities to be included in all dams on waters that historically provided habitat for migratory fish, and it is the policy of the Commission to promote early installation of fish passage facilities at the dams.

   (1)  The Commission will endeavor to identify existing dams where upstream and downstream fish passage facilities for migrating fish are required and will provide appropriate notice to the owners. The Commission may defer the requirement for actual construction until developments downstream from the dam site indicate construction of fish passage facilities for migratory fish is advisable.

   (2)  The Commission will additionally review existing and proposed dams as candidates for installation of fish passage facilities when hydroelectric facilities are proposed. If the Commission agrees to defer immediate construction of fish passage facilities pending the implementation of a plan for availability of fish passage facilities at downstream obstructions to fish migration, the developer shall insure that hydropower development at the site will not impede the installation of fish passage facilities when required. Hydropower development at dams in this Commonwealth shall be compatible with ultimate installation and operation of fish passage facilities.

   (3)  When the Commission determines that installation of fish passage facilities at a dam site is required to promote restoration of migratory fish to their historic range but further determines that immediate installation is not practicable or desirable, the Commission may seek to enter into an agreement with the owner, lessee or operator of the dam or associated hydroelectric development for the payment of so-called ‘‘in lieu of payments’’ under 30 Pa.C.S. §  3501(b) (relating to devices in dams to permit fish migration).

 The developer should plan to provide safe access for recreational purposes adjacent to the completed installations. Streams and tailraces below the dams are heavily utilized for fishing purposes, and the fisherman’s ability to utilize these areas shall not be decreased by the hydro development.

Subchapter C. LAW ENFORCEMENT POLICIES

Sec.

 (a)  The Commission’s Bureau of Law Enforcement will establish and implement policies as necessary to administer a volunteer deputy waterways conservation officer program. The policies, at a minimum, shall address the following:

   (1)  Eligibility and procedure for appointment.

   (2)  Training, law enforcement procedures and firearms and other qualifications.

   (3)  Wearing of uniforms.

 (b)  Commissions for deputy waterways conservation officers expire on December 31 of the year in which they were issued. No person has a right, title or interest in being commissioned as a deputy waterways conservation officer nor an expectation that his commission will be reissued for a subsequent year. Commissions are issued until December 31 and no longer.

 (c)  The district waterways conservation officer or region manager may temporarily suspend the commission of a deputy waterways conservation officer for failure to comply with the policies established by the Bureau of Law Enforcement. The Executive Director or a designee may permanently revoke the commission of a deputy waterways conservation officer when revocation is deemed to be in the best interests of the Commission.

 (a)  Former members of the Commission. Former members of the Commission are designated special honorary deputy waterways conservation officers unless they apply for and are appointed as active deputies.

 (b)  Others. Other responsible individuals recommended by the members of the Commission or the Executive Director may be designated as honorary deputy waterways conservation officers.

 (c)  Status. Honorary deputy waterways conservation officers shall receive no badge or commission and are not authorized to perform law enforcement duties. They will receive a suitable certificate attesting to their status and recognizing their contributions to the Commonwealth and the Commission.

 (a)  Upon receipt of an order of court directing the suspension or revocation of fishing or boating privileges of a person placed in the Accelerated Rehabilitative Disposition (ARD) program, the Executive Director or a designee will issue a written notice of suspension or revocation as provided in the order.

 (b)  If the period of suspension or revocation provided in the ARD order is less than 1 year, the notice of suspension or revocation issued under subsection (a) shall provide that the supension or revocation shall be effective during the period from April 15 until September 15, if the order provides for suspension or revocation for 120 days or more, or during part of the period from April 15 until September 15 that the Executive Director deems appropriate if the order provides for a suspension or revocation for less than 120 days.

 (c)  It is the policy of the Commission that when a suspension or revocation of a license or privilege is ordered under the ARD program for an offense that carries a mandatory period of suspension or revocation under the Code, the ARD-ordered period of suspension or revocation may be no less than the mandatory minimum period for suspensions/revocations upon conviction of the charged offense.

   The provisions of this §  57.45 issued under the Fish and Boat Code, 30 Pa.C.S. § §  741, 928 and 2102.

   The provisions of this §  57.45 adopted July 18, 1986, effective July 19, 1986, 16 Pa.B. 2644.

Subchapter D. ADMINISTRATIVE POLICIES

Sec.

 It is the policy of the Commission to identify areas with access for special populations—as defined in §  65.21 (relating to waters limited to specific purposes—exclusive use areas)—and to encourage use of waters by special populations on a nonexclusive basis.

Subchapter E. BOATING POLICIES

Sec.

§ 57.81. Policy on special boating regulations on waters with no public access.

 (a)  As used in this subchapter, the phrase ‘‘waters with no public access’’ means lakes, ponds, impoundments or other waters on which there is located no public access area, launch ramp or other launch facility owned, controlled or operated by Federal, State or local government agencies.

 (b)  The Commission has statutory authority to make and enforce special boating regulations for particular areas of water ‘‘limiting, restricting or prohibiting the operation or navigation of boats thereon to promote the interests of the public or to preserve aquatic life.’’ See section 5124 of the code (relating to particular areas of water). The Commission’s statutory authority to make general and special boating regulations preempts local regulation of boating—based on exercise of police powers—on the waters of this Commonwealth.

 (c)  It is the policy of the Commission to encourage local interests—residents, property owners and other users—to resolve issues relating to special boating restrictions on waters with no public access by means of agreement, deed, deed restriction or contract without resort to special boating regulations.

 (d)  It is the policy of the Commission to exercise its discretion to promulgate special boating regulations on waters of this Commonwealth with no public access only in circumstances when:

   (1)  The public interest and the interests of the boating public clearly show the need for the special regulations as evidenced by a formal resolution requesting the regulations approved by the governing body (for example, township supervisors, borough council, county commissioners) of the political subdivision in which the waters are located. The resolution also should include evidence of the political subdivision’s willingness to enforce the additional restrictions under to the reciprocal enforcement provisions of section 903 of the code (relating to delegation of enforcement powers).

   (2)  The Bureau of Law Enforcement determines that the proposed special boating regulations are readily enforceable without unduly diverting officers from enforcement activities on waters with public access.

   (3)  The proponent of the special regulations makes a clear and convincing showing that the proposed regulations are necessary in the particular circumstances to provide for the health and safety of persons on, in and along the waters in question, including persons who boat on those waters, or to protect aquatic life in those waters or both.

   The provisions of this §  57.81 adopted January 17, 1997, effective January 18, 1997, 27 Pa.B. 317.