PROPOSED RULEMAKING
FISH AND BOAT COMMISSION
[58 PA. CODE CHS. 51 AND 53]
Administration and Commission Property
[26 Pa.B. 6089] The Fish and Boat Commission (Commission) proposes to amend Chapters 51 and 53 (relating to administrative provisions; and Commission property). The Commission is publishing these amendments as a notice of proposed rulemaking under the authority of 30 Pa.C.S. (relating to Fish and Boat Code) (code). The proposed amendments relate to administration and Commission property.
A. Effective Date
These proposed amendments will, if approved on final rulemaking, go into effect upon publication of an order adopting the regulations.
B. Contact Person
For further information on the proposed changes, contact Dennis Guise, Chief Counsel, (717) 657-4525, P. O. Box 67000, Harrisburg, PA 17106-7000.
C. Statutory Authority
These proposed amendments are published under the statutory authority of sections 741 and 2711 of the code (relating to control of property; and issuing agents).
D. Purpose and Background
The proposed amendments are designed to update, modify and improve Commission regulations relating to issuing agents and Commission property. The specific purpose for the various amendments is described in more detail under the summary of proposal.
E. Summary of Proposal
1) Chapter 51, Subchapter D (relating to issuing agents). The Commission issues a Handbook for License Issuing Agents that is distributed at the beginning of each license year. This handbook details procedures to be followed in the performance of an agency's responsibilities and is based on the code, the Commission's regulations and the experience gained by selling licenses over the years. The handbook also contains operational suggestions and highlights penalties that may be imposed for noncompliance with the code and the regulations promulgated thereunder. Sections 51.31--51.33 (relating to responsibility of issuing agents; resident and nonresident licenses; and effective date of fishing licenses and trout/salmon permits) currently address certain aspects of an issuing agency, including responsibilities, resident verses nonresident status and the effective dates of licenses. However, a considerable portion of the Commission's requirements of an issuing agency as detailed in the handbook has not been adopted by the Commission as regulations. The result is a body of requirements absent the effect of law. The Commission therefore proposes regulations adopting the procedures in the handbook. This will provide remedies to the Commission for noncompliance that are not now available to it.
2) Section 53.4 (relating to closed areas and hours). The Commission owns and operates fish culture stations, boating access areas, administrative facilities and other property. Some of the property is open for general public use; other properties are production or other facilities to which public access may be limited. This is ordinarily handled by use of signs or other means at the facilities. On rare occasions, persons enter or remain upon Commission property and disrupt ordinary operations. In these cases, the Executive Director should have the authority to issue a letter or order barring the person from entering or remaining on the property in question. Managers of Federal installations have similar authority, and it works well in the handful of episodes where specific individuals cause persistent problems at specific facilities. The Commission proposes to amend its property regulations by adding a new subsection to § 53.4 to give the Executive Director this authority.
3) Section 53.11 (relating to off-highway vehicles and snowmobiles). The section, as currently written, requires that the permit application include a statement from a physician licensed to practice in this Commonwealth describing the disability and certifying that the applicant meets the requirements of this section. One applicant has suggested that the Commission also accept certification from licensed chiropractors as well as medical doctors. Staff already have interpreted this section this way in light of court precedent and the practices of other State agencies. In addition, clarification is needed regarding what qualifies as an off-road motorized vehicle. One application for a permit described the off-road motorized vehicle as a Ford Ranger 4x4 Truck; another described it as a golf cart or car or whatever is available. The Commission proposed to amend this section to address these concerns.
F. Fiscal Impact
The proposed amendments will have no adverse fiscal impact on the Commonwealth or its political subdivisions. The proposed amendments will impose no new costs on the private sector or the general public.
G. Paperwork
Under the Handbook for License Issuing Agents, issuing agents are already subject to certain reporting requirements. The proposed amendments relating to issuing agents accordingly will not increase paperwork and will create no new paperwork requirements. The other proposed amendments similarly will not increase paperwork and will create no new paperwork requirements.
H. Public Comments
Interested persons are invited to submit written comments, objections or suggestions about the proposed amendments to the Executive Director, Fish and Boat Commission, P. O. Box 67000, Harrisburg, PA 17106-7000, within 30 days after publication of this notice in the Pennsylvania Bulletin.
PETER A. COLANGELO,
Executive DirectorFiscal Note: 48A-60. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 58. RECREATION
PART II. FISH AND BOAT COMMISSION
Subpart A. GENERAL PROVISIONS
CHAPTER 51. ADMINISTRATIVE PROVISIONS
Subchapter D. ISSUING AGENTS § 51.31. Responsibility of issuing agents.
(a) Issuing agents [shall be] are responsible to insure that the fishing license application is fully completed by the applicant. The issuing agent may assist the applicant in completing the application, but the applicant shall sign his own name or place his mark in the place indicated on the application.
(b) Issuing agents shall verify the eligibility of the applicant for the class of license indicated on the application under § 51.32 (relating to resident and nonresident licenses). Issuing agents shall notate on the application the type of proof that the applicant provided to demonstrate resident status.
(c) The issuing agent shall transfer the information from the application to the license certificate, assuring that the information can be easily read. Information on the license certificate shall agree with the application and shall be typed or printed in ink.
(d) Agents shall use standard abbreviations supplied by the Commission for color of hair and color of eyes.
(e) Each license shall bear the account number of the issuing agent and the signature or initials of the person issuing the license.
(f) Issuing agents shall issue licenses in sequence.
(g) Issuing agents shall provide the book Summary of Fishing Regulations and Laws with each license issued. Issuing agents also shall provide a copy of the summary book to any holder of a Senior Resident Lifetime Fishing License who requests one. Issuing agents are encouraged to provide a copy of the summary book, if adequate numbers are available, to other individuals who request one.
§ 51.32. Resident and nonresident licenses.
(a) Only bona fide residents of this Commonwealth who establish their resident status by producing a Pennsylvania motor vehicle driver's license or other positive means of identification are entitled to one of the various forms of a resident fishing license.
(1) Other positive means of identification for establishing bona fide residence in this Commonwealth include, [but are not limited to: motor vehicle registration showing residence address in Pennsylvania; boat registration showing residence address in Pennsylvania;] proof of payment of Pennsylvania personal income tax as a resident of Pennsylvania; proof of payment of [local wage,] earned income, [personal property,] Personal Income Tax or per capita [or occupation] taxes showing residence in a Pennsylvania municipality; resident hunting license; and Pennsylvania nondriver identification card.
* * * * * (d) A Senior Resident Lifetime Fishing License is valid only so long as the holder is a bona fide resident of this Commonwealth. A holder of a Senior Resident Lifetime Fishing License who establishes residence in another state and continues to fish in this Commonwealth without purchasing a Nonresident Fishing License may be charged with violating sections 923(c) and 2703 of the code (relating to additional penalty for fishing without license; and possession and display of licenses).
§ 51.33. Effective [date] dates of [filing] licenses and [trout/salmon] permits.
Fishing licenses and permits, such as trout/salmon permits, are valid for the year printed on the license certificate or stamp and the month of December [in] of the [prior] preceding year, except for tourist licenses that are valid for the dates specified on the license certificate.
§ 51.34. Stamps and permits.
(a) The Commission may require licensees to possess stamps or permits to fish for certain species or in certain bodies of water. It is not necessary for the purchaser of a stamp or permit to complete an application.
(b) Individuals who purchase the stamp or permit to fish for the specified species or in designated bodies of water shall permanently affix the stamp or permit to their license certificate, sign their names (or in the instance of small stamps or permits, their initials) in ink across the face of the stamp or permit and display the stamped or permitted license certificate when fishing for the specified species or on the designated body of water. The buyer is not required to affix the stamp or permit on the license certificate until he actually engages in the stamped or permitted activity.
(c) Issuing agents shall make stamps and permits available to individuals purchasing them as collectibles. An application is not required, and the buyer does not have to sign the stamp or permit.
§ 51.35. Operation of the issuing agency.
(a) A person, sole proprietorship, partnership or corporation may apply to become an issuing agent of the Commission for the purpose of selling fishing licenses. The Commission will not consider an application unless it is accompanied by a bond in favor of the Commission in a minimum amount specified by the Commission.
(b) An entity accepted by the Commission to act as an issuing agent shall perform in the following manner:
(1) An issuing agent, including county treasurers, may not appoint subagents to issue fishing licenses, stamps or permits.
(2) Issuing agents shall file monthly reports of the fishing licenses, stamps and permits sold during the month in the manner determined by the Commission. Agents may file reports more frequently at the discretion of the agent.
(i) Agents shall include in their monthly report detailed sales information and remittance for the licenses, stamps and permits sold during the reporting period.
(ii) Agents shall file the reports so that they are received in the Harrisburg office by the 15th of the month following the reportable month.
(iii) Agents shall file a report even if there is no sales activity to report for the month. Failure to file a report places the agency in a delinquent status.
(iv) Agents shall indicate their agent number on the report, as well as the remittance.
(3) Issuing agents shall retain the third copy of the license certificate and the original application for 1 year after the close of any given license year.
(4) Issuing agents shall maintain a bond in favor of the Commission in a minimum amount specified by the Commission for each location where licenses, stamps and permits are issued.
(5) An issuing agent may not borrow, lend or otherwise transfer a supply of licenses, stamps or permits to another agent without the prior written consent of the Commission.
§ 51.36. Lost license certificates.
(a) An issuing agent shall replace a lost license regardless of where the licensee purchased the original license.
(b) If a licensee seeks to purchase a replacement license at the agency where he bought the original license, the licensee shall present the original license number and complete the form provided by the Commission relating to the lost license certificate. If the original license number is not known, the form shall be notarized.
(c) If a licensee seeks to purchase a replacement license at an agency other than the agency where he bought the original license, the licensee shall complete the form provided by the Commission relating to the lost license certificate and have it notarized.
(d) The issuing agent shall write the word ''DUPLICATE'' and the original number, if known, across the face of the replacement license certificate.
(e) The issuing agent shall attach to the monthly report the form relating to the lost license certificate, any voided license certificate and the original and duplicate of the license certificate. The issuing agent shall record the certificate number in the body of the report.
CHAPTER 53. COMMISSION PROPERTY § 53.4. [Closed areas and hours] Limiting access to Commission property.
(a) Commission-owned or -controlled property may be closed to the public during hours as the Executive Director may direct. It is unlawful for any person to enter or remain upon the property during the times it is closed to public use, without the express written consent of the Executive Director or [his] a designee.
(b) The Executive Director or a designee may issue an order barring any person from entering or remaining upon a named Commission property when the Executive Director finds that the presence of the person on Commission property constitutes a substantial disruption of Commission operations or a reasonable threat to the health and safety of Commission personnel or other persons who are engaged in other lawful uses of the property. Orders issued under this subsection may be appealed to the Commission under 1 Pa. Code § 35.20 (relating to appeals from the actions of the staff).
§ 53.11. Off-highway vehicles and snowmobiles.
(a) General rule. Except as provided in subsection (c), the use of motorized vehicles which are not registered and which are capable of off-highway use, including trail bikes, Tote Gotes, [Land Rovers, Jeeps,] ATVs and the like, is prohibited on Commission-owned or -controlled property.
* * * * * (c) Persons with disabilities.
* * * * * (2) Other motorized vehicles. The Executive Director or a designee may permit persons exempt from the fishing license requirement under section 2709(b) of the code (relating to exemptions from license requirements) and persons who are deprived of the use of a leg or both legs in a manner that significantly limits mobility to use an off-road motorized vehicle on Commission property for the purpose of gaining access to fishing or boating opportunities under the following conditions:
(i) The person applies in writing for permission stating the nature of the disability, the description of the vehicle and the areas for which use is proposed. The application should be sent to: Director, Bureau of Law Enforcement, Pennsylvania Fish and Boat Commission, P. O. Box 67000, Harrisburg, PA 17106-7000. The application shall include a statement from a physician or a chiropractor licensed to practice in this Commonwealth describing the disability and certifying that the applicant meets the requirements of this section.
* * * * * (3) As used in this subsection, the term, ''off-road motorized vehicle,'' means a motorized vehicle specifically designed for this use. The term does not include a vehicle licensed or registered for on-road use, such as a 4 by 4 sport utility vehicles and the like.
[Pa.B. Doc. No. 96-2139. Filed for public inspection December 20, 1996, 9:00 a.m.]
No part of the information on this site may be reproduced for profit or sold for profit.This material has been drawn directly from the official Pennsylvania Bulletin full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.
