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Agenda: July 2006 Page 15
C. Muskellunge and Muskellunge Hybrid Regulations (Amendment to §61.1 and New §65.16).
Commentary:
The Commission recently solicited information from muskellunge and tiger muskellunge anglers
to guide enhancement of fishing opportunities for these species in Pennsylvania. As part of its
efforts, the Commission convened a musky workgroup that included representatives from the
musky fishing community as well as the broader angling community, including black bass
anglers. The Commission also solicited water specific fishing quality information from musky
anglers through a volunteer survey and examined and summarized available biological
information describing muskellunge and tiger muskellunge in this Commonwealth.
Following the formal opinion gathering process, the workgroup’s participants identified two
regulatory management options that were nearly equal in preference. The first option called for
an increase in the minimum size limit from 30 inches to 36 inches, a reduction in the daily limit
from two (combined species) to one and a year-round open season. The first option also called
for an enhanced management program. Under the program, the minimum size limit is 45 inches.
The second option called for an increase in the minimum size limit to 40 inches, a reduction in
the daily limit to one and a year-round season. The second option did not include the enhanced
management program.
A notice of proposed rulemaking was published at 36 Pa. B. 1656 (April 8, 2006) (Exhibit G),
soliciting public comments on both options. As of the date of agenda preparation, the
Commission received a total of 115 comments – 74 prior to the official comment period, 40
during and one after. With respect to the specifics of the proposal, the comments were as
follows:
•
15 commentators support the year-round open season, while 7 oppose it.
• 23 commentators support the 36-inch minimum size limit, while 9 oppose it.
• 48 commentators support the reduction in the creel limit to one per day, while 5 oppose it.
• 58 commentators support the enhanced management program, while 2 oppose it.
• 70 commentators support the 40-inch minimum size limit, while 2 oppose it.
Several commentators support a minimum size limit greater than 40-inches: 4 support a 45-inch
minimum, 4 support a 50-inch minimum and 1 supports a larger than 50-inch minimum.
Eight commentators support a year round catch and release regulation for muskies. Three
commentators support a catch and release regulation during the spawning season, while one
opposes this approach.
Fifteen commentators support a minimum size limit on the enhanced management waters greater
than the proposed 45 inches. Of those commentators, 2 support a 48-inch minimum and 13
support a 50-inch minimum. Copies of all public comments have been provided to the
Commissioners.
Following additional review, staff have determined that (1) a no harvest, catch and release period
in April and May is necessary; (2) a statewide minimum size limit of 40 inches for
Commonwealth inland waters is appropriate; and (3) a minimum size limit of 45 inches in the
enhanced management program is appropriate. Staff’s rationale for these determinations is
explained in greater detail below.
Agenda: July 2006 Page 16
Staff recommend a catch and release season over a year-round open season because it will
prevent angler harvest and fish consumption during the FDA mandated withdrawal period that is
associated with use of fish anesthetics during hybrid esocid culture operations. In inland waters,
brood fish are temporarily removed from some public fishing waters, in addition to nursery
waters, for use in fish culture operations. Use of broodfish from these public waters make this
staff recommendation necessary. In terms of season timing, a catch and release period beginning
on April 1 and ending on May 31 will insure that collection, use and return of broodfish,
including necessary withdrawal time (21 days), will accommodate safe use by the public of any
angler harvested esocids from any public water open to muskellunge harvest. This period
encompasses esocid spawning in Pennsylvania.
A statewide 40-inch minimum size limit for muskellunge for Commonwealth inland waters will
have greatest potential to enhance the contribution of naturally produced muskellunge to musky
waters throughout Pennsylvania. Fish culture records show that only the largest of females are
mature for use in spawning operations in spring, and Fisheries Management staff, after more
thorough review, believe that the contribution of naturally produced muskellunge to populations
in northwestern Pennsylvania and across the state may be greater that previously thought.
Naturally produced muskellunge were previously believed to account for less than 5% of musky
angler trips.
Muskellunge and tiger muskellunge fisheries occur in approximately 150 waters or river sections
across the Commonwealth. The enhanced management program will serve to provide enhanced
fishing opportunities for selected waters with a focus on maximizing densities of muskellunge
and tiger muskellunge and, in the case of muskellunge waters, provide for maximum contribution
of naturally produced muskellunge. It is anticipated that initially, the enhanced management
program will apply to no more than six waters statewide. Examples of waters to which the
program may be applied include Lake Arthur (Butler County), Rose Valley Lake (Lycoming
County), Cowanesque Reservoir (Tioga county), Marsh Creek Lake (Chester County),
Susquehanna River (Fabridam 1.3 miles downstream), and Loyalhanna Lake (Westmoreland
County).
Accordingly, staff recommend that on final rulemaking, the Commission amend §61.1 to provide
for a no harvest, catch and release period from April 1 through May 31 and to increase the
minimum size limit to 40 inches. Staff further recommend that on final rulemaking, the
Commission adopt the new §65.16 pertaining to the Musky Enhancement Program that will
provide for a no harvest, catch and release period from April 1 through May 31 and include a
minimum size limit of 45 inches. Staff recommend that the Commission adopt the amendments
and new regulation to read as set forth in Exhibit H.
Briefer:
Rickalon L. Hoopes, Director, Bureau of Fisheries
Recommendation:
Staff recommend that the Commission adopt the amendment and new regulation as set forth in
Exhibit H. If adopted, the amendments and the new regulation will go into effect on January 1,
2007.
Action:

So, when do we go after increased size limits on my precious Pickerel?!?! ;D

Pickerel Pete, etc

Hooksets are free!!!

MATT, IN MY YEARS OF MUSKY FISHING AND TRYING TO GET THE GENERAL FISHERMAN TO UNDERSTAND ABOUT THESE FISH THEY JUST DON'T CARE FOR THE MOST PART--I'VE BEEN TOLD TO F--- OFF MANY TIMES---BACK IN THE 80'S IT WASN'T AS BAD --NOT THAT MANY MUSKIES TO BE FOUND --MAYBE 99.9% OF PEOPLE HAD TOTALLY NO IDEA OF WHAT A MUSKY WAS--NOW THAT MORE ARE BEING CAUGHT AND SEEN THAT 99.9% OF PEOPLE ARE NOW KEEPING WHAT EVER THEY CATCH BECAUSE ITS THE BIGGEST THING THEY EVER CAUGHT NO MATTER WHAT THE SIZE ---I'M WITH YOU ALL THE WAY --BUT ITS A LONG HARD ROAD AND I'VE BEEN ON IT A LONG TIME FRANK

Geez guys, carry a tape measure? I can't think of a better way to piss someone off than to reach into their boat and measure a fish.
This "education" should be done as sensitively as possible. Let them know of the size changes politely. Then if the guy is a jerk, write down his boat registation number and report it to the state. But please, no confrontations!! You never know who has a gun.
Barry

Hey let's make sure these new regulations get approved first.
Barry