RULES AND REGULATIONS
Title 58--RECREATION
FISH AND BOAT COMMISSION
[58 PA. CODE CHS. 63, 65 AND 111]
Baitfish; Special Fish Regulations; Special Boating Regulations
[30 Pa.B. 4814] The Fish and Boat Commission (Commission) by this order amends Chapters 63, 65 and 111 (relating to general fishing regulations; special fishing regulations; and special regulations counties). The Commission is publishing these amendments under the authority of 30 Pa.C.S. (relating to the Fish and Boat Code) (code). The amendments relate to fishing and boating.
A. Effective Date
The amendments will go into effect upon publication of an order adopting the amendments in the Pennsylvania Bulletin.
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-form rulemaking is available electronically through the Commission's website (http://www.fish.state.pa.us).
C. Statutory Authority
The amendments to Chapter 63 are published under the statutory authority of section 2102 of the code (relating to rules and regulations). The amendments to Chapter 65 are published under the statutory authority of section 2307 of the code (relating to waters limited to specific purposes). The amendments to Chapter 111 are published under the statutory authority of section 5124 of the code (relating to particular areas of water).
D. Purpose and Background
The amendments are designed to update, modify and improve Commission regulations relating to fishing and boating. The specific purpose of the amendments is described in more detail under the summary of changes.
E. Summary of Changes
(1) Section 63.44 (relating to illegal baitfish). Until 1980, when the code was recodified, it was illegal to use goldfish as a baitfish. However, during the recodification, this prohibition was inadvertently omitted. Recently, the Commission's Bureau of Fisheries took action to prohibit the sale of the four species of baitfish (specifically, Goldfish (Carassius auratus), Comets (Carassius auratus), Koi (Cyprinus carpio) and Common carp (Cyprinus carpio)) by individuals possessing a Live Bait Dealer's license. To be consistent with this current change and also correct the previous omission, the Commission added § 63.44. This section is adopted as proposed.
(2) Section 65.24 (relating to miscellaneous special regulations). A recent review of the Commission's regulations revealed that there are two miscellaneous special regulations that state that the creel limit for trout is eight per day. When the Commission amended its Statewide trout regulations last year to reduce the creel limit from eight to five, these miscellaneous regulations should have been amended as well. Accordingly, the Commission adopted the amendments to this section. This section is amended as proposed.
(3) Section 111.67 (relating to York County). Section 111.67(c)(3) and (d)(3) requires boaters 8 years of age and younger and nonswimmers to wear United States Coast Guard approved PFDs on Lake Redman and Lake Williams, respectively. The Commission promulgated this regulation prior to the Statewide regulation in § 97.1(h) (relating to personal flotation devices) requiring children 12 years of age and younger to wear an approved Type I, II, III or V PFD while underway on any boat 20 feet or less in length and all canoes and kayaks. To resolve this inconsistency, the Commission deleted § 111.67(c)(3) and (d)(3). The deletion is adopted as proposed.
F. Paperwork
The amendments will not increase paperwork and will create no new paperwork requirements.
G. Fiscal Impact
The amendments will have no adverse fiscal impact on the Commonwealth or its political subdivisions. The amendments will impose no new costs on the private sector or the general public.
H. Public Involvement
A notice of proposed rulemaking was published at 30 Pa.B. 2373 (May 13, 2000). The Commission did not receive any public comments regarding the proposals.
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 in 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 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 63, 65 and 111, are amended by amending §§ 63.44, 65.24 and 111.67 to read as set forth at 30 Pa.B. 2373.
(b) The Executive Director will submit this order and 30 Pa.B. 2373 to the Office of Attorney General for approval as to legality as required by law.
(c) The Executive Director shall certify this order and 30 Pa.B. 2373 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-107 remains valid for the final adoption of the subject regulations.
[Pa.B. Doc. No. 00-1588. Filed for public inspection September 15, 2000, 9:00 a.m.]
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