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PA Bulletin, Doc. No. 99-1369

PROPOSED RULEMAKING

FISH AND BOAT COMMISSION

[58 PA. CODE CHS. 63 AND 65]

Fishing Tournaments and Fishing Derbies

[29 Pa.B. 4442]

   The Fish and Boat Commission (Commission) proposes to amend §§ 63.40 and 65.24 (relating to fishing tournaments and fishing derbies; and miscellaneous special regulations). 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 fishing.

A.  Effective Date

   The proposed amendments, if approved on final rulemaking, will go into effect on January 1, 2000, or upon publication of an order adopting the amendments in the Pennsylvania Bulletin, whichever occurs later.

B.  Contact Person

   For further information on the proposed changes, contact Delano R. Graff, Director, Bureau of Fisheries, (814) 359-5154, 450 Robinson Lane, Bellefonte, PA 16823, or Laurie E. Shepler, Assistant Counsel, (717) 657-4546, P. O. Box 67000, Harrisburg, PA 17106-7000. This proposal is available electronically through the Commission's Web site (http://www.fish.state.pa.us).

C.  Statutory Authority

   The proposed amendments are published under the statutory authority of sections 2102 and 2307 of the code (relating to rules and regulations; and waters limited to specific purposes).

D.  Purpose and Background

   The proposed amendments are designed to update, modify and improve Commission regulations relating to fishing. The specific purpose of each proposed amendment is described in more detail under the summary of proposal.

E.  Summary of Proposal

   (1)  Section 63.40 (relating to fishing tournaments and fishing derbies). The initial development of the Commission's tournament regulations considered the fact that fishing derbies encompassing just fishing activity were not required to apply for special activity permits. Therefore, § 63.40(c)(1) currently provides that it is unlawful to conduct a fishing derby on Commonwealth waters without first obtaining a special activity permit from the Commission if the derby involves an unusual congregation of boats. Section 63.40(c)(5), however, requires all derby organizers to notify the Commission of the date, time and place of proposed fishing derbies. The easiest way for derby applicants to notify the Commission of a proposed derby is the use of the special activity permit application. Consequently, confusion exists in the Commission's Regional Offices as to when a fishing derby is actually required to apply for a special activity permit. This confusion would be eliminated by removing the phrase, ''if the derby involves an unusual congregation of boats.'' Currently, the majority of fishing derbies apply for and receive special activity permits. Thus, removing this language will have little impact on fishing derbies. It is also proposed that the paragraph be amended to make it clear that the requirement does not apply to privately owned waters that are not open to the public.

   In addition, the amendment to § 63.40(c)(1) makes subsection (c)(5) no longer necessary. Therefore, it is proposed that this paragraph be removed.

   (2)  Section 65.24 (relating to miscellaneous special regulations). In 1989, the Commission formalized regulations regarding the taking of smelt in inland waters. This action was prompted by the establishment of a smelt population, particularly in Lake Raystown, and the popularity of this fishery. Kinzua Reservoir and its tributaries were included because efforts were underway to establish a smelt population in those waters. However, based on findings from various sampling efforts, it was determined that smelt never really took hold in Kinzua Reservoir. Thus, the Commission proposes removing the special regulations pertaining to the harvest of smelt in Kinzua Reservoir and its tributaries.

F.  Paperwork

   The proposed amendments to § 65.24 will not increase paperwork and will create no new paperwork requirements. The proposed amendments to § 63.40 will slightly increase paperwork in that it will require all derby organizers to apply for special activity permits, not just those involving an unusual congregation of boats. This proposed change, however, will have little impact because currently the majority of fishing derbies apply for and receive special activity permits.

G.  Fiscal Impact

   The proposed amendments will have no adverse fiscal impact on the Commonwealth or its political subdivisions. The special activities permit is free of charge. Therefore, the proposed amendments to § 63.40 will impose no new costs on the private sector or the general public.

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. Comments submitted by facsimile will not be accepted.

   Comments also may be submitted electronically at ''regulations @ fish.state.pa.us.'' A subject heading of the proposal and a return name and address must be included in each transmission. In addition, all electronic comments must be contained in the text of the transmission, not in an attachment. If an acknowledgment of electronic comments is not received by the sender within 2 working days, the comments should be retransmitted to ensure receipt.

PETER A. COLANGELO,   
Executive Director

   (Editor's Note:  A proposal to amend § 65.24, proposed to be amended in this document, remains outstanding at 29 Pa.B. 3631 (July 10, 1999).)

   Fiscal Note:  48A-100. No fiscal impact; (8) recommends adoption.

Annex A

TITLE 58.  RECREATION

PART II.  FISH AND BOAT COMMISSION

Subpart B.  FISHING

CHAPTER 63.  GENERAL FISHING REGULATIONS

§ 63.40.  Fishing tournaments and fishing derbies.

*      *      *      *      *

   (c)  Fishing derbies.

   (1)  General rule. It is unlawful to conduct a fishing derby as defined in this section on Commonwealth waters [if the derby involves an unusual congregation of boats] without first obtaining a special activity permit from the Commission, except that this requirement does not apply to fishing derbies to be held on privately owned lakes or ponds that are not open to the public.

*      *      *      *      *

   [(5)  Notification required. It is unlawful to conduct a fishing derby, as defined in this section, on approved trout waters without first notifying the Commission of the date, time and place of the proposed fishing derby and whether the proposed fishing derby involves the stocking of any fish into the waters of this Commonwealth.]

*      *      *      *      *

CHAPTER 65.  SPECIAL FISHING REGULATIONS

§ 65.24.  Miscellaneous special regulations.

   The following waters are subject to the following miscellaneous special regulations:

County Name of Water Special
Regulations
*   *   *   *   *
[Warren and McKean] [Kinzua Reservoir and tributaries][Smelt may be taken from shore only by means of dip nets not to exceed 20 inches in diameter or 20 inches square. The daily limit per person is 200 smelt]
*   *   *   *   *
[Pa.B. Doc. No. 99-1369. Filed for public inspection August 20, 1999, 9:00 a.m.]


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