RULES AND REGULATIONS
Title 58--RECREATION
FISH AND BOAT COMMISSION
[58 PA. CODE CHS. 51 AND 53]
Administration and Commission Property
[27 Pa.B. 1153] The Fish and Boat Commission (Commission) amends Chapters 51 and 53 (relating to administrative provisions; and Commission property). The Commission is publishing these amendments under the authority of 30 Pa.C.S. (relating to Fish and Boat Code) (code). The amendments relate to administration and Commission property.
A. Effective Date
These amendments will go into effect upon publication of this order in the Pennsylvania Bulletin.
B. Contact Person
For further information on the amendments, contact Dennis Guise, Chief Counsel, (717) 657-4525, P. O. Box 67000, Harrisburg, PA 17106-7000.
C. Statutory Authority
These 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 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 Changes.
E. Summary of Changes
(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 can 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 vs. 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 proposed regulations adopting the procedures in the handbook. This will provide remedies to the Commission for noncompliance that are not now available to it.
Since publication of the notice of proposed rulemaking, it has been brought to the Commission's attention that the following items were omitted: (1) a provision that covers gift licenses; (2) a provision recalling an issuing agency as provided in section 2711 of the code for the agency's failure to provide a summary book with each license that it issues; and (3) a provision making it unlawful for an issuing agent or employe to provide false or misleading information on any license issued or to back date any license sold.
At its meeting on January 25, 1997, the Commission adopted the changes to the regulations as set forth in the notice of proposed rulemaking with the changes set forth previously.
(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 amended 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 the 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 Ford Ranger 4x4 Truck; another described it as a golf cart or car or whatever is available. The Commission amended this section to address these concerns.
F. Fiscal Impact
The amendments will have no adverse fiscal impact on the Commonwealth or its political subdivisions. The amendments 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 amendments relating to issuing agents accordingly will not increase paperwork and will create no new paperwork requirements. The other amendments similarly will not increase paperwork and will create no new paperwork requirements.
H. Public Involvement
A notice of proposed rulemaking containing the proposed regulations was published at 26 Pa.B. 6089 (December 21, 1996). None of the proposed changes attracted public comment.
Findings
The Boat 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 and 1202) and the regulations promulgated thereunder 1 Pa. Code §§ 7.1 and 7.2.
(2) A public comment period was provided and no public comments were received.
(3) The adoption of the amendments to the regulations 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 and 53, are amended by amending §§ 51.32, 51.33, 53.4 and 53.11 and adding §§ 51.34 and 51.36 to read as set forth at 26 Pa.B. 6089 and by adding § 51.35 and amending § 51.31 to read as set forth in Annex A.
(b) The Executive Director will submit this order, 26 Pa.B. 6089 and Annex A to the Office of Attorney General for approval as to legality as required by law.
(c) The Executive Director shall certify this order, 26 Pa.B. 6089 and Annex A 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.
PETER A. COLANGELO,
Executive DirectorFiscal Note: Fiscal Note 48A-60 remains valid for the final adoption of the subject regulations.
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 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 in accordance with § 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 be typed or printed in ink.
(d) Agents shall use standard abbreviations supplied by the Commission for the 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 numerical sequence.
(g) Issuing agents shall provide a 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. Failure to comply with this subsection will be grounds for recall of the issuing agency as provided in section 2711 of the code (relating to issuing agents). Issuing agents are encouraged to provide a copy of the summary book, if adequate numbers are available, to other individuals who request one.
(h) Issuing agents are responsible to insure that when someone buys a license as a gift for another person, the person buying the license signs his name on the application and writes the word ''gift'' below his signature.
§ 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 all 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 reports detailed sales information and remittance for all licenses, stamps and permits sold during the reporting period.
(ii) Agents shall file their 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.
(6) An issuing agent or an issuing agent's employe may not provide false or misleading information on a license issued. The date reported on a license sold shall be the date of the actual sale.
[Pa.B. Doc. No. 97-351. Filed for public inspection March 7, 1997, 9:00 a.m.]
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