Order Adopting Amendments
Commonwealth of Pennsylvania
Pennsylvania Fish and Boat Commission
Title 58. Recreation
Part II. Fish and Boat Commission
Chapters 51, 63 and 65
The Fish and Boat Commission (Commission) has amended 58 Pa. Code Chapters 51, 63 and 65 (relating to administrative provisions; general fishing regulations; and special fishing regulations). The Commission is publishing this final-form rulemaking under the authority of 30 Pa. C.S. (relating to the Fish and Boat Code) (code). The amendments include housekeeping changes to the regulations.
A. Effective Date
The amendments will go into effect on January 1, 2006.
B. Contact Person
For further information on the amendments, contact Laurie E. Shepler, Chief Counsel, P.O. Box 67000, Harrisburg, PA 17106-7000, (717) 705-7815. This final-form rulemaking is available electronically through the Commission's Web site (http://www.fish.state.pa.us).
C. Statutory Authority
The amendments to §§51.32 and 51.33 (relating to resident and nonresident licenses; and effective dates of licenses and trout/salmon permits) are published under the statutory authority of sections 322 and 2102 of the code (relating to rules and regulations; and rules and regulations). The amendment to §51.35 (relating to operation of issuing agency) is published under the statutory authority of section 2711 of the code (relating to issuing agents). The amendment to §63.20 (relating to permits for the protection and management of trout and salmon) is published under the statutory authority of section 2904 of the code (relating to permits for the protection and management of particular fish). The amendments to §65.13 (relating to wild brook trout enhancement) is published under the statutory authority of section 2102 and 2307 of the code (relating to rules and regulations; and waters limited to specific purposes).
D. Purpose and Background
The amendments are designed to improve and update the Commission’s regulations. The specific purpose of the amendments is described in more detail under the summary of changes.
E. Summary of Changes
Upon review of existing regulations relating to the sale and issuance of licenses and permits, the Commission identified the need to make a few housekeeping changes to update these regulations and to keep them consistent with the act of November 29, 2004 (P.L. 1286, No. 159). The Commission also identified the need for other housekeeping changes. For example, §51.32(b) refers to the Soldiers’ and Sailors’ Civil Relief Act of 1940, which the Commission amended to reflect the current name, the Servicemembers Civil Relief Act. The Commission further amended §51.35 to allow other forms of security for issuing agents, in addition to bonds, to make this section consistent with the code.
In addition, §63.20(f) provided that persons fishing in waters under special trout regulations designated under §§65.1—65.3 and 65.5—65.7 are required to have a trout/salmon permit. However, since that provision was first adopted, the Commission added new special regulation programs for managing trout, including the wild brook trout enhancement program, and ended others. The Commission therefore removed the references to specific programs in §63.20(f) and instead included the requirement for a trout/salmon permit in the regulations pertaining to the individual programs, as in §65.13.
The Commission adopted the amendments to these sections as set forth in the notice of proposed rulemaking.
As part of the proposed rulemaking package, the Commission also proposed amendments to §§53.24 and 63.40 (relating to tournament and fishing derby permits; and fishing tournaments and fishing derbies). The Commission previously adopted the proposed changes on final-form rulemaking at 35 Pa. B. 5006 (September 10, 2005).
F. Paperwork
The amendments will not increase paperwork and will create no new paperwork requirements.
G. Fiscal Impact
The amendments will have no adverse fiscal impact on the Commonwealth or its political subdivisions. The amendments will impose no new costs on the private sector or the general public.
H. Public Involvement
A notice of proposed rulemaking was published at 35 Pa. B. 3419 (June 18, 2005). The Commission did not receive any public comments regarding the proposed amendments to §§51.32, 51.33, 51.35, 63.20 and 65.13.
The Commission finds that:
(1) Public notice of intention to adopt the amendments adopted by this order has been given under sections 201 and 202 of the act of July 31, 1968 (P.L. 769, No. 240) (45 P.S. §§1201, 1202) and the regulations promulgated thereunder (1 Pa. Code §§7.1 and 7.2).
(2) A public comment period was provided, and no comments were received.
(3) The adoption of the amendments of the Commission in the manner provided in this order is necessary and appropriate for administration and enforcement of the authorizing statutes.
ORDER
The Commission, acting under the authorizing statutes, orders that:
(A) The regulations of the Commission, 58 Pa. Code Chapters 51, 63 and 65, are amended by amending §§51.32, 51.33, 51.35, 63.20 and 65.13 to read as set forth in 35 Pa. B. 3419.
(B) The Executive Director will submit this order and 35 Pa. B. 3419 to the Office of Attorney General for approval as to legality as required by law.
(C) The Executive Director shall certify this order and 35 Pa. B. 3419 and deposit the same with the Legislative Reference Bureau as required by law.
(D) This order shall take effect on January 1, 2006.
For the Pennsylvania Fish and Boat Commission
Douglas J. Austen, Ph.D
Executive Director
Regulation No. 48A-171
Title 58. Recreation
Chapter 51. ADMINISTRATIVE Provisions
§51.32. Resident and nonresident licenses. Adopted as proposed.
§51.33. Effective dates of licenses and [trout/salmon] permits. Adopted as proposed.
§51.35. Operation of the issuing agency. Adopted as proposed.
Subpart B. Fishing
CHAPTER 63. GENERAL FISHING REGULATIONS
§63.20. Permits for the protection and management of trout and salmon. Adopted as proposed.
CHAPTER 65. SPECIAL FISHING REGULATIONS
§65.13. Wild brook trout enhancement. Adopted as proposed.