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PA Bulletin, Doc. No. 98-2026

RULES AND REGULATIONS

Title 58--RECREATION

FISH AND BOAT COMMISSION

[58 PA. CODE CH. 65]

Fishing

[28 Pa.B. 6081]

   The Fish and Boat Commission (Commission) by this order amends Chapter 65 (relating to special fishing regulations). The Commission is publishing this amendment under the authority of 30 Pa.C.S. (relating to Fish and Boat Code) (code). The amendment relates to fishing.

A.  Effective Date

   This amendment will go into effect on January 1, 1999.

B.  Contact Person

   For further information on the amendment, 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

   This amendment is published under the statutory authority of section 2102 of the code (relating to rules and regulations).

D.  Purpose and Background

   The amendment is designed to update, modify and improve Commission regulations pertaining to fishing. The specific purpose of the various amendments is described in more detail under the summary of changes.

E.  Summary of Changes

   Section 65.24 (relating to miscellaneous special regulations). A few years ago when regulations were amended for the lower 13.5 miles of the Little Juniata River, a 2.1 mile stretch was left with an older set of regulations that are not appropriate at this time. Inventory information has confirmed that the 2.1 mile section from the mouth of Bald Eagle Creek downstream to the railroad bridge at the east (downstream) border of Ironville supports only a sparse trout population as coldwater habitat in this portion of the stream is marginal for the year round survival of trout. Therefore, the Commission believes that this 2.1 mile section does not warrant management under miscellaneous special regulations and has removed this section from the list of waters subject to special regulations. This section now will be managed under Statewide regulations that are already in place on the upstream portion of the Little Juniata River from the headwaters downstream to the confluence of Bald Eagle Creek.

F.  Paperwork

   The amendment will not increase paperwork or create new paperwork requirements.

G.  Fiscal Impact

   The amendment will have no adverse fiscal impact on the Commonwealth or its political subdivisions. The amendment will impose no new costs on the private sector or the general public.

H.  Public Involvement

   A notice of proposed rulemaking containing the proposed amendment was published at 28 Pa.B. 3058 (July 4, 1998). The Commission did not receive any public comments regarding the proposal.

Findings

   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 amendment 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 Chapter 65, are amended by amending § 65.24 to read as set forth at 28 Pa.B. 3058.

   (b)  The Executive Director will submit this order and 28 Pa.B. 3058 to the Office of Attorney General for approval as to legality as required by law.

   (c)  The Executive Director shall certify this order and 28 Pa.B. 3058 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 Director

   Fiscal Note: Fiscal Note 48A-83 remains valid for the final adoption of the subject regulation.

[Pa.B. Doc. No. 98-2026. Filed for public inspection December 11, 1998, 9:00 a.m.]


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