In short: The proposal creates a catch-and-release trout fishery on Freeman Run, Section 04, with a possible exception to stock Rainbow Trout, making it a test case for managing a Class A stream under special regulations.
Summary from PFBC:
For clarification this is the details from the July 28th Agenda
The Board voted to approve the publication of a notice of proposed rulemaking pertaining to fishing regulations of Freeman Run, Section 04, Potter County. Under this proposal, Section 04 would be managed under a Miscellaneous Special Regulation that would manage Brown Trout and Brook Trout with catch-and-release regulations and maintain Commonwealth Inland Waters regulations for all other species with all tackle types permitted. Should this Miscellaneous Special Regulation be adopted on final rulemaking, staff will recommend at a future meeting that the Board consider an exemption to allow the stocking of Rainbow Trout. Under the changes outlined in this proposal, Freeman Run, Section 04, provides a unique opportunity for PFBC staff to evaluate a stream section that was stocked previously, designated as a Class A wild trout stream section and removed from the stocking program, and then added back to the program and managed with special regulations. If adopted on final rulemaking at a future meeting, this amendment will go into effect on January 1, 2026.
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Amendment to 58 Pa. Code § 65.24 (Miscellaneous special regulations): Add Freeman Run, Section 04, Potter County.
Commentary:
Freeman Run, a tributary to the First Fork Sinnemahoning Creek in Potter County,
Pennsylvania, is 12.23 miles in length and managed in four stream sections. The
waterway is characteristic of a small, high gradient, infertile, freestone stream. Section
01 extends 2.83 miles from the headwaters to Postalweight Hollow, is managed for wild
trout with no stocking, and was designated as a Class A wild trout stream in February
2019. Section 02 extends 2.00 miles from Postalweight Hollow to Bark Shanty Hollow, is
managed for wild trout with no stocking, and was designated as a Class A wild trout
stream in January 1983.
Section 03 extends 4.50 miles from Bark Shanty Hollow to West Branch Freeman Run,
and Section 04 extends 2.90 miles from West Branch Freeman Run to the mouth. Prior
to 2021, sections 03 and 04 were included in the Pennsylvania Fish and Boat
Commission’s (Commission) Stocked Trout Water (STW) program. Trout stocking was
discontinued in 2021 following designation as Class A wild trout stream sections after
wild Brown Trout biomass was estimated to be 56 kg/ha and 67 kg/ha, respectively,
during 2018 surveys. To qualify for Class A wild trout stream designation based on wild
Brown Trout, biomass must be greater than or equal to 40 kg/ha. Subsequent surveys
conducted in 2022, two years following stocking cessation, estimated the wild Brown
Trout biomass to be 94 kg/ha in Section 03 and 103 kg/ha in Section 04.
The impacts of stocking on wild trout populations are well-documented in the literature
and through Commission surveys of Pennsylvania’s wild trout streams. Commission
monitoring and evaluation of wild trout populations in Pennsylvania demonstrates that
stocking depresses wild trout populations for a variety of reasons, including competition
for habitat and food, interference competition, increased harvest, increased hooking
and handling, among other factors. However, we do not have strong Pennsylvania-
specific data regarding the use of special regulations to mitigate the negative impacts of
stocking over Class A wild trout populations. As such, the Commission applied a
Miscellaneous Special Regulation (58 Pa. Code § 65.24) in 2024 to 12 of 13 Class A
stream sections stocked by the Commission that allows for the harvest of stocked
Rainbow Trout and Brook Trout but catch-and-release of the wild Brown Trout. Staff are
currently monitoring and evaluating the effect of this regulation on the wild Brown
Trout populations over a 5-to-7-year period at which time staff will either recommend
continuing the management strategy applied to these fisheries or recommend an
alternate approach to optimize these fisheries. The results of this evaluation will
provide valuable management insight regarding the use of these regulations on large, productive streams with high angler use that are of size and character sufficient to
support a fishery comprised of both Class A wild trout and stocked trout components.
At the January and April 2025 Fisheries and Hatcheries Committee meetings, staff were
tasked with developing an approach to evaluate a similar management strategy on small
to moderate-sized, infertile, freestone streams, and Freeman Run, Section 04, was
selected for this purpose. Freeman Run, Section 04, provides a unique opportunity to
evaluate a stream section that was stocked previously, designated as a Class A wild trout
stream section and removed from the stocking program, and then added back to the
program and managed with special regulations.
To accomplish this, Freeman Run, Section 04, must be added back to the STW program
beginning in 2026, and stocked only with Rainbow Trout at the same rate and frequency
consistent with its resource classification from when it was last stocked in 2020. This
would include re-instating Rainbow Trout-only cooperative nursery stockings. It is
recommended that Section 04 then be managed under a similar Miscellaneous Special
Regulation applied to the 12 Class A wild trout streams that are stocked by the
Commission: catch-and-release for all trout species except Rainbow Trout. Sections 01,
02, and 03 from the headwaters downstream to the confluence of Freeman Run and the
West Branch Freeman Run would continue to be managed for wild trout with no
stocking under Commonwealth Inland Waters regulations (58 Pa. Code § 61.1). Staff
would monitor the stream over a five-year period from 2026 through 2030 while
evaluating the biological and social data against interim and final management triggers
that would inform staff recommendations to the Board of Commissioners (Board)
regarding the fate of continued stocking in Section 04 and application of special
regulations. If wild trout abundance declines significantly, or if angler use does not
justify the continued stocking during the five-year evaluation, the study could be
terminated, stocking discontinued, and regulations revised. If data available during the
interim evaluation is not sufficient to adequately assess trends, then the study would
continue for the full five-year period and be evaluated against final biological and social
management triggers, after which a recommendation would be made to the Board as to
whether Section 04 should remain in the STW program and regulations revised.
To facilitate the use of special regulations to mitigate the negative impacts of stocking
trout on the wild trout populations in Freeman Run, Section 04, staff propose
implementing a Miscellaneous Special Regulation that would manage Brown Trout and
Brook Trout with catch-and-release regulations and maintain Commonwealth Inland
Waters regulations for all other species with all tackle types permitted. Should this
Miscellaneous Special Regulation be adopted on final rulemaking, staff will recommend
at a future meeting that the Board approve an exemption to stock trout as Freeman
Run, Section 04, does not meet any of the criteria that provide direction and guide
decisions regarding stocking trout in Class A wild trout streams published in the
Operational Guidelines for the Management of Trout Fisheries in Pennsylvania Waters.
Staff propose that 58 Pa. Code § 65.24 be amended as follows:
§ 65.24. Miscellaneous special regulations.
The following waters are subject to the following miscellaneous special regulations:
Summary from PFBC:
For clarification this is the details from the July 28th Agenda
The Board voted to approve the publication of a notice of proposed rulemaking pertaining to fishing regulations of Freeman Run, Section 04, Potter County. Under this proposal, Section 04 would be managed under a Miscellaneous Special Regulation that would manage Brown Trout and Brook Trout with catch-and-release regulations and maintain Commonwealth Inland Waters regulations for all other species with all tackle types permitted. Should this Miscellaneous Special Regulation be adopted on final rulemaking, staff will recommend at a future meeting that the Board consider an exemption to allow the stocking of Rainbow Trout. Under the changes outlined in this proposal, Freeman Run, Section 04, provides a unique opportunity for PFBC staff to evaluate a stream section that was stocked previously, designated as a Class A wild trout stream section and removed from the stocking program, and then added back to the program and managed with special regulations. If adopted on final rulemaking at a future meeting, this amendment will go into effect on January 1, 2026.
_____________________________________________
Amendment to 58 Pa. Code § 65.24 (Miscellaneous special regulations): Add Freeman Run, Section 04, Potter County.
Commentary:
Freeman Run, a tributary to the First Fork Sinnemahoning Creek in Potter County,
Pennsylvania, is 12.23 miles in length and managed in four stream sections. The
waterway is characteristic of a small, high gradient, infertile, freestone stream. Section
01 extends 2.83 miles from the headwaters to Postalweight Hollow, is managed for wild
trout with no stocking, and was designated as a Class A wild trout stream in February
2019. Section 02 extends 2.00 miles from Postalweight Hollow to Bark Shanty Hollow, is
managed for wild trout with no stocking, and was designated as a Class A wild trout
stream in January 1983.
Section 03 extends 4.50 miles from Bark Shanty Hollow to West Branch Freeman Run,
and Section 04 extends 2.90 miles from West Branch Freeman Run to the mouth. Prior
to 2021, sections 03 and 04 were included in the Pennsylvania Fish and Boat
Commission’s (Commission) Stocked Trout Water (STW) program. Trout stocking was
discontinued in 2021 following designation as Class A wild trout stream sections after
wild Brown Trout biomass was estimated to be 56 kg/ha and 67 kg/ha, respectively,
during 2018 surveys. To qualify for Class A wild trout stream designation based on wild
Brown Trout, biomass must be greater than or equal to 40 kg/ha. Subsequent surveys
conducted in 2022, two years following stocking cessation, estimated the wild Brown
Trout biomass to be 94 kg/ha in Section 03 and 103 kg/ha in Section 04.
The impacts of stocking on wild trout populations are well-documented in the literature
and through Commission surveys of Pennsylvania’s wild trout streams. Commission
monitoring and evaluation of wild trout populations in Pennsylvania demonstrates that
stocking depresses wild trout populations for a variety of reasons, including competition
for habitat and food, interference competition, increased harvest, increased hooking
and handling, among other factors. However, we do not have strong Pennsylvania-
specific data regarding the use of special regulations to mitigate the negative impacts of
stocking over Class A wild trout populations. As such, the Commission applied a
Miscellaneous Special Regulation (58 Pa. Code § 65.24) in 2024 to 12 of 13 Class A
stream sections stocked by the Commission that allows for the harvest of stocked
Rainbow Trout and Brook Trout but catch-and-release of the wild Brown Trout. Staff are
currently monitoring and evaluating the effect of this regulation on the wild Brown
Trout populations over a 5-to-7-year period at which time staff will either recommend
continuing the management strategy applied to these fisheries or recommend an
alternate approach to optimize these fisheries. The results of this evaluation will
provide valuable management insight regarding the use of these regulations on large, productive streams with high angler use that are of size and character sufficient to
support a fishery comprised of both Class A wild trout and stocked trout components.
At the January and April 2025 Fisheries and Hatcheries Committee meetings, staff were
tasked with developing an approach to evaluate a similar management strategy on small
to moderate-sized, infertile, freestone streams, and Freeman Run, Section 04, was
selected for this purpose. Freeman Run, Section 04, provides a unique opportunity to
evaluate a stream section that was stocked previously, designated as a Class A wild trout
stream section and removed from the stocking program, and then added back to the
program and managed with special regulations.
To accomplish this, Freeman Run, Section 04, must be added back to the STW program
beginning in 2026, and stocked only with Rainbow Trout at the same rate and frequency
consistent with its resource classification from when it was last stocked in 2020. This
would include re-instating Rainbow Trout-only cooperative nursery stockings. It is
recommended that Section 04 then be managed under a similar Miscellaneous Special
Regulation applied to the 12 Class A wild trout streams that are stocked by the
Commission: catch-and-release for all trout species except Rainbow Trout. Sections 01,
02, and 03 from the headwaters downstream to the confluence of Freeman Run and the
West Branch Freeman Run would continue to be managed for wild trout with no
stocking under Commonwealth Inland Waters regulations (58 Pa. Code § 61.1). Staff
would monitor the stream over a five-year period from 2026 through 2030 while
evaluating the biological and social data against interim and final management triggers
that would inform staff recommendations to the Board of Commissioners (Board)
regarding the fate of continued stocking in Section 04 and application of special
regulations. If wild trout abundance declines significantly, or if angler use does not
justify the continued stocking during the five-year evaluation, the study could be
terminated, stocking discontinued, and regulations revised. If data available during the
interim evaluation is not sufficient to adequately assess trends, then the study would
continue for the full five-year period and be evaluated against final biological and social
management triggers, after which a recommendation would be made to the Board as to
whether Section 04 should remain in the STW program and regulations revised.
To facilitate the use of special regulations to mitigate the negative impacts of stocking
trout on the wild trout populations in Freeman Run, Section 04, staff propose
implementing a Miscellaneous Special Regulation that would manage Brown Trout and
Brook Trout with catch-and-release regulations and maintain Commonwealth Inland
Waters regulations for all other species with all tackle types permitted. Should this
Miscellaneous Special Regulation be adopted on final rulemaking, staff will recommend
at a future meeting that the Board approve an exemption to stock trout as Freeman
Run, Section 04, does not meet any of the criteria that provide direction and guide
decisions regarding stocking trout in Class A wild trout streams published in the
Operational Guidelines for the Management of Trout Fisheries in Pennsylvania Waters.
Staff propose that 58 Pa. Code § 65.24 be amended as follows:
§ 65.24. Miscellaneous special regulations.
The following waters are subject to the following miscellaneous special regulations:
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