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PA Bulletin, Doc. No. 99-704




[58 PA. CODE CH. 63]

Importation and Transportation of Horseshoe Crabs

[29 Pa.B. 2298]

   The Fish and Boat Commission (Commission) by this order amends Chapter 63 (relating to general fishing regulations). The Commission is publishing this rulemaking under the authority of 30 Pa.C.S. (relating to the Fish and Boat Code) (code). The rulemaking relates to the importation and transportation of horseshoe crabs.

A.  Effective Date

   The rulemaking will go into effect upon publication of an order adopting the regulation in the Pennsylvania Bulletin.

B.  Contact Person

   For further information on the rulemaking, contact Laurie E. Shepler, Assistant Counsel, (717) 657-4546, P. O. Box 67000, Harrisburg, PA 17106-7000. This final rulemaking is available electronically through the Commission's Web site (

C.  Statutory Authority

   The rulemaking is published under the statutory authority of section 2102(c) of the code (relating to rules and regulations).

D.  Purpose and Background

   The rulemaking is designed to update, modify and improve Commission regulations relating to the importation and transportation of fish. The specific purpose is described in more detail under the summary of changes.

E.  Summary of Changes

   Late in 1998, the Commission's Law Enforcement and Fisheries staff became aware of issues related to landing in Commonwealth ports of horseshoe crabs taken from ocean waters. These animals are protected in New Jersey and Delaware, and the Atlantic States Marine Fisheries Commission is working on efforts to provide coastal wide protections.

   The immediate issue late last year was resolved when Delaware was able to take action to prevent the transportation of these fish through Delaware waters. However, there was still a need for the Commission to take some action (similar to that the Commission took with respect to weakfish) to close any possible loopholes permitting landing of these fish in the Commonwealth. The Commission adopted the rulemaking as proposed.

F.  Paperwork

   The rulemaking will not increase paperwork and will create no new paperwork requirements.

G.  Fiscal Impact

   The rulemaking will have no adverse fiscal impact on the Commonwealth or its political subdivisions. The rulemaking will impose no new costs on the private sector or the general public, except on those individuals who will now have to land horseshoe crabs in ports located in states other than this Commonwealth.

H.  Public Involvement

   A notice of proposed rulemaking was published at 29 Pa.B. 1397 (March 13, 1999). The Commission did not receive any public comments regarding this proposal.


   The Commission finds that:

   (1)  Public notice of intention to adopt the amendment 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 and 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 regulation of the Commission in the manner provided in this order is necessary and appropriate for administration and enforcement of the authorizing statutes.


   The Commission, acting under the authorizing statutes, orders that:

   (a)  The regulations of the Commission, 58 Pa. Code Chapter 63, are amended by adding § 63.31 to read as set forth at 29 Pa.B. 1397.

   (b)  The Executive Director will submit this order and 29 Pa.B. 1397 to the Office of Attorney General for approval as to legality as required by law.

   (c)  The Executive Director shall certify this order and 29 Pa.B. 1397 and deposit them with the Legislative Reference Bureau as required by law.

   (d)  This order shall take effect immediately upon publication in the Pennsylvania Bulletin.

Executive Director

   Fiscal Note: Fiscal Note 48A-94 remains valid for the final adoption of the subject regulation.

[Pa.B. Doc. No. 99-704. Filed for public inspection April 30, 1999, 9:00 a.m.]

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