RULES AND REGULATIONS
Title 58--RECREATION
FISH AND BOAT COMMISSION
[58 PA. CODE CHS. 51 AND 63]
Administration and Fishing
[28 Pa.B. 1753] The Fish and Boat Commission (Commission) by this order amends Chapters 51 and 63 (relating to administrative provisions; and general fishing regulations). The Commission is publishing these amendments under the authority of 30 Pa.C.S. (relating to the Fish and Boat Code) (code). The amendments deal with administration and fishing.
A. Effective Date
These amendments will go into effect upon publication of this order adopting the amendments.
B. Contact Person
For further information on the amendments, 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 at http://www.fish.state.pa.us.
C. Statutory Authority
These amendments are published under the statutory authority of sections 2102 and 2711 of the code (relating to rules and regulations; and issuing agents).
D. Purpose and Background
The amendments are designed to update, modify and improve Commission regulations pertaining to issuing agents and the display of fishing licenses and verification of license purchase. The specific purpose of the amendments is described in more detail under the summary of changes.
E. Summary of Changes
1) Sections 51.31, 51.34 and 51.35 (relating to responsibility of issuing agents; and stamps and permits; and operation of issuing agency). The Commission's staff recently undertook a review of the current licensing process, and beginning in 1998, the application form will no longer be used. The new process provides that the applicant will give the issuing agent the applicant's driver's license or other positive form of identification (as already required), and the agent will copy the information from the driver's license to the reverse side of the license. To address concerns about signatures being required on the display side of the license, staff were able to modify the reverse side of the license to include the signature of the applicant. This change, coupled with some other modifications to the reverse side of the form, will allow the Commission to eliminate the application form. Although the signature will still appear over the face of the trout stamp, this is hardly discernable except upon close inspection. The Commission has adopted changes to the issuing agent regulations set forth in Chapter 51, as proposed, to reflect the revised process for issuing licenses.
2) Section 63.2 (relating to display of fishing license). Current practice in the Bureau of Law Enforcement provides that when a resident is apprehended for fishing without a license in his possession and claims that he previously purchased a valid fishing license but left it elsewhere, the apprehending officer will give the individual 7 days to produce the original license certificate. Current practice also provides that if it is inconvenient for the individual to produce the certificate in person, the officer may permit the individual to mail the original license certificate to the officer, and upon receipt, the officer will examine and verify it and return it to the individual. To codify this existing practice, the Commission has amended its regulations to add a new subsection (§ 63.2(c)), describing the process by which officers deal with claims that a person fishing without a license has left it elsewhere. The Commission adopted the amendment as proposed with a clarification suggested by the Bureau of Law Enforcement's staff, namely, that when the original license certificate is produced, it must show that it was purchased on a date and time prior to the date and time of apprehension.
F. Paperwork
The amendments will increase paperwork and create new paperwork requirements by virtue of the implementation of the new form for persons fishing without a license in possession.
G. Fiscal Impact
The amendments will have no adverse fiscal impact on the Commonwealth or its political subdivisions but will result in minor additional costs to the Commission as a result of the publication of the form to be given to persons caught fishing without a license in possession. The amendments will impose no new costs on the private sector or the general public in that the procedure relating to persons fishing without a license in possession codifies the Commission's existing practice.
H. Public Involvement
A notice of proposed rulemaking containing the proposed amendments was published at 27 Pa.B. 5784 (November 8, 1997). During the public comment period, the Commission did not receive any written comments. However, after the public comment period but prior to consideration by the Commission, the Commission received one written comment, favoring the new provision for persons caught fishing without a license in possession, and three written comments, opposing the proposal. Copies of all public comments were provided to the Commissioners.
Findings
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 and 1202) and the regulations promulgated thereunder (1 Pa. Code §§ 7.1 and 7.2).
(2) A public comment period was provided and that all comments received were considered.
(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 and 63, are amended by amending §§ 51.31, 51.34 and 51.35 to read as set forth at 27 Pa.B. 5784 and by amending § 63.2 to read as set forth at Annex A.
(b) The Executive Director will submit this order, 27 Pa.B. 5784 and Annex A to the Attorney General for approval as to legality as required by law.
(c) The Executive Director shall certify this order, 27 Pa.B. 5784 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: 48A-72. (1) Fish Fund; (2) Implementing Year 1998-99 is $2,000; (3) 1st Succeeding Year 1999-00 is $0; 2nd Succeeding Year 2000-01 is $0; 3rd Succeeding Year 2001-02 is $0; 4th Succeeding Year 2002-03 is $0; 5th Succeeding Year 2003-04 is $0; (4) Fiscal Year 1997-98$N/A; Fiscal Year 1996-97$N/A; Fiscal Year 1995-96$N/A; (8) recommends adoption.
Annex A
TITLE 58. RECREATION
PART II. FISH AND BOAT COMMISSION
Subpart B. FISHING
CHAPTER 63. GENERAL FISHING REGULATIONS § 63.2. Display of fishing license and verification of license purchase.
(a) Officers designated to check licenses. A person fishing in waters of this Commonwealth or in boundary waters shall show his fishing license upon the request of a waterways conservation officer, deputy waterways conservation officer or other officer authorized to enforce the code or this title under section 903 of the code (relating to delegation of enforcement powers).
(b) Display on outergarment. It is unlawful for a person required by Chapter 27 of the code (relating to fishing licenses) to purchase a fishing license to fish in the waters of this Commonwealth or in boundary waters unless the person displays the license certificate on a hat or outer garment while fishing. A warning will be issued for a first violation of this section if the person has a valid fishing license in his possession and about his person and shows it upon request. An institutional license issued under section 2708 of the code (relating to institutional licenses) may be displayed or maintained by the person fishing or by the person attending the person who is fishing.
(c) Fishing without a license in possession.
(1) When a resident of this Commonwealth is apprehended for fishing without a license in his possession and claims that he previously purchased a valid fishing license for that year, the officer apprehending the individual shall give the individual 7 days to produce the original of the license certificate, if the individual provides to the officer's satisfaction, at the time of apprehension, positive proof of identity and a residence address within this Commonwealth. The original license certificate shall show all required permits and a purchase date and time prior to the date and time of apprehension.
(2) If it is inconvenient for the individual to produce the certificate in person, the officer may permit the individual to mail the original license certificate to the officer together with a stamped, self-addressed return envelope. If the officer permits the individual to mail the original license certificate to the officer, the officer shall provide the individual with a receipt or other documentation allowing the individual to fish during the period that the original license certificate is not in his possession.
(3) Upon receipt of the original license certificate, the officer shall examine and verify it and return it to the licensee.
(4) If the person apprehended fails to send the original license certificate and required permits to the officer within the time allotted, the officer shall institute summary proceedings against the individual in the manner prescribed by law.
[Pa.B. Doc. No. 98-566. Filed for public inspection April 10, 1998, 9:00 a.m.]
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