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PA Bulletin, Doc. No. 11-1765

PROPOSED RULEMAKINGS

[ 58 PA. CODE CH. 71 ]

Fishing; Propagation and Introduction of Fish into Commonwealth Waters

[41 Pa.B. 5560]
[Saturday, October 15, 2011]

 The Fish and Boat Commission (Commission) proposes to amend Chapter 71 (relating to propagation and introduction of fish into Commonwealth waters). The Commission is publishing this proposed rulemaking under the authority of 30 Pa.C.S. (relating to the Fish and Boat Code) (code). The proposed rulemaking amends and updates the Commission's fishing regulations.

A. Effective Date

 The proposed rulemaking, if approved on final-form, will go into effect on January 1, 2012.

B. Contact Person

 For further information on the proposed rulemaking, contact Wayne Melnick, Esq., P. O. Box 67000, Harrisburg, PA 17106-7000, (717) 705-7810. This proposed rulemaking is available on the Commission's web site at www.fish.state.pa.us.

C. Statutory Authority

 The proposed amendments to § 71.7 (relating to triploid grass carp) are published under the statutory authority of section 2904 of the code (relating to permits for protection and management of particular fish).

D. Purpose and Background

 The proposed rulemaking is designed to improve, enhance and update the Commission's fishing regulations. The specific purpose of the proposed rulemaking is described in more detail under the summary of proposal.

E. Summary of Proposal

 Under section 2904 of the code, the Executive Director, with the Commission's approval, may require permits for the taking, catching, killing, possession, introduction, removal, importing, transporting, exporting or disturbing of fish when it is determined that the permits may be needed to insure proper protection and management of any species of fish. This section also authorizes the Commission to establish fees and to promulgate regulations. Under the section, the Commission may not establish a fee in excess of $5 per permit for trout/salmon permits. There is no other restriction on fees. This section further provides that the Commission may not issue permits under the authority of the section for game fish other than trout or salmon.

 Section 71.7 pertains to the possession and introduction of triploid grass carp (white amur). This section provides that permits shall be required for possessing triploid grass carp, introducing them into Commonwealth waters and importing or transporting them into this Commonwealth to provide for proper protection and management of these fish and other fish in the waters of this Commonwealth. A pondowner, landowner or other person who wishes to possess triploid grass carp and introduce them into a pond or waters located on property owned, leased or otherwise controlled by the person shall, before placing triploid grass carp in the waters, obtain a triploid grass carp possession/introduction permit from the Commission. A person who wishes to import triploid grass carp into this Commonwealth shall obtain a triploid grass carp importation/transportation permit from the Commission.

 The triploid grass carp program (program) was initiated by the Commission in January 1994. Two types of permits with associated fees were established and those fees are the same today. A triploid grass carp possession/introduction permit is $20. A triploid grass carp importa-tion/transportation permit is $50.

 For bodies of water that are more than 5 acres in surface area or are considered to be of special concern, an applicant is required to submit an environmental inspection report prepared by a biologist or fisheries or environmental scientist acceptable to the Commission. This is a detailed report that requires personal inspection of the body of water. Currently, § 71.7 states that the applicant may request the Commission to conduct the inspection and prepare the report upon payment of a $200 fee. Today, this fee would not begin to cover costs that would be incurred by staff to perform an environmental inspection of a large body of water or a water of special concern.

 The Aquatic Resource Section within the Commission's Bureau of Fisheries, Division of Environmental Services, administers the program. Administering the program requires staff to review permit applications, maintain a database, process and approve the permits. Reviewing the applications requires a technical review, some field views and clerical support.

 In 2010, the Commission issued 307 triploid grass carp permits and in the past 5 years approximately 1,700 triploid grass carp permits have been issued by the Commission. Staff time spent reviewing and processing triploid grass carp permits costs approximately $75 per permit. The Commission therefore proposes to increase the fees in § 71.7 to $75 to help offset inflation and increasing program costs and to remove the option for applicants to request the Commission to perform the environmental inspection for a $200 fee. The Commission proposes that § 71.7 be amended to read as set forth in Annex A.

F. Paperwork

 The proposed rulemaking will not increase paperwork and will not create new paperwork requirements.

G. Fiscal Impact

 The proposed rulemaking will not have adverse fiscal impact on the Commonwealth or its political subdivisions. The proposed rulemaking, however, will impose new costs on the private sector and the general public. The current fees for a triploid grass carp possession/introduction permit and an importation/transportation permit are $20 and $50, respectively. The Commission proposes to increase the fee for both permit types to $75. These fee increases will affect the applicants for the approximately 300 to 400 permits that the Commission issues per year.

H. Public Comments

 Interested persons are invited to submit written comments, objections or suggestions about the proposed rulemaking to the Executive Director, Fish and Boat Commission, P. O. Box 67000, Harrisburg, PA 17106-7000 within 30 days after publication in the Pennsylvania Bulletin. Comments submitted by facsimile will not be accepted.

 Comments also may be submitted electronically by com- pleting the form at www.fishandboat.com/regcomments. If an acknowledgment of electronic comments is not received by the sender within 2 working days, the comments should be retransmitted to ensure receipt. Electronic comments submitted in any other manner will not be accepted.

JOHN A. ARWAY, 
Executive Director

Fiscal Note: 48A-231. No fiscal impact; (8) recommends adoption.

Annex A

TITLE 58. RECREATION

PART II. FISH AND BOAT COMMISSION

Subpart B. FISHING

CHAPTER 71. PROPAGATION AND INTRODUCTION OF FISH INTO COMMONWEALTH WATERS

§ 71.7. Triploid grass carp.

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 (c) Permit required.

 (1) The Commission finds, under section 2904 of the code (relating to permits for protection and management of particular fish), that permits shall be required for possessing triploid grass carp (white amur) or introducing them into Commonwealth waters and for importing or transporting triploid grass carp into this Commonwealth to provide for proper protection and management of these fish and other fish in the waters of this Commonwealth. A pondowner, landowner or other person who wishes to possess triploid grass carp and introduce them into a pond or waters located on property owned, leased or otherwise controlled by the person shall, before placing triploid grass carp in the waters, obtain from the Commission a triploid grass carp possession/introduction permit for a fee of [$20] $75. A person who wishes to import triploid grass carp into this Commonwealth shall, before doing so, obtain from the Commission a triploid grass carp importation/transportation permit for a fee of [$50] $75. Permits shall be applied for on forms supplied by the Commission. Applications for permits may be obtained from: Triploid Grass Carp Manager, Bureau of Fisheries, 450 Robinson Lane, Bellefonte, PA 16823-9616. Permits will not be issued until after January 1, 1994.

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 (e) Restrictions on introduction of triploid grass carp.

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[(6) When an applicant for a triploid grass carp permit is required to submit an environmental inspection report, the applicant may request the Commission to conduct the inspection and prepare the report upon payment of a fee of $200.]

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[Pa.B. Doc. No. 11-1765. Filed for public inspection October 14, 2011, 9:00 a.m.]



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