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PA Bulletin, Doc. No. 00-1590

PROPOSED RULEMAKING

FISH AND BOAT COMMISSION

[58 PA. CODE CH. 65]

Exclusive Fishing Areas

[30 Pa.B. 4818]

   The Fish and Boat Commission (Commission) proposes to amend Chapter 65 (relating to special fishing regulations). The Commission is publishing this amendment as a notice of proposed rulemaking under the authority of 30 Pa.C.S. (relating to the Fish and Boat Code) (code). The proposed amendment relates to fishing.

   A.  Effective Date

   The proposed amendment, if approved on final rulemaking, will go into effect upon publication of an order adopting the amendment in the Pennsylvania Bulletin.

   B.  Contact Person

   For further information on the proposed amendment, contact Laurie E. Shepler, Assistant Counsel, (717) 705-7815, P. O. Box 67000, Harrisburg, PA 17106-7000. This proposal is available electronically through the Commission's website (http://www.fish.state.pa.us).

   C.  Statutory Authority

   The proposed amendment is published under the statutory authority of section 2307 of the code (relating to waters limited to specific purposes).

   D.  Purpose and Background

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

   E.  Summary of Proposal

   The Commission has received a request to consider revising the definition of ''special populations'' in § 65.21 (relating to waters limited to specific purposes--exclusive fishing areas). Under current regulations, persons who are exempt from the fishing license requirement by section 2709(b) of the code (relating to exemptions from license requirements) or persons permanently deprived of the full use of a leg or both legs are permitted to fish in exclusive use fishing areas.

   Section 2709(b) of the code requires that a person be ''totally blind'' to qualify for an exemption from the license requirements. The Commission received a request for regulations stating that although the requester agrees that this standard is appropriate for free fishing licenses, it is too restrictive for use of exclusive use fishing areas. This criterion excludes individuals who are ''legally blind'' but not ''totally blind'' from fishing in exclusive use areas. The requester points out that exclusive use areas often have characteristics that would make them better for persons whose vision meets State and Federal standards for legal blindness. For example, in his experience, exclusive use areas often are somewhat clearer of overhanging branches that pose a particular issue for persons with visual disabilities.

   The Commission has reviewed other Commonwealth regulations, including those of the Department of Public Welfare and the Department of Military and Veterans Affairs. These regulations use a definition for ''legal blindness'' that would permit more people with vision disabilities to use the Commission's exclusive use areas. Accordingly, the Commission proposes to amend § 65.21(b) to read as set forth in Annex A.

   F.  Paperwork

   The proposed amendment will not increase paperwork and will create no new paperwork requirements.

   G.  Fiscal Impact

   The proposed amendment will have no adverse fiscal impact on the Commonwealth or its political subdivisions. The proposed amendment 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 amendment to the Executive Director, Pennsylvania 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

   Fiscal Note:  48A-110. No fiscal impact; (8) recommends adoption.

Annex A

TITLE 58.  RECREATION

PART II.  FISH AND BOAT COMMISSION

Subpart B.  FISHING

CHAPTER 65.  SPECIAL FISHING REGULATIONS

§ 65.21.  Waters limited to specific purposes--exclusive fishing areas.

*      *      *      *      *

   (b)  As used in this section, the term ''children'' means persons 12 years of age or under. The term ''special populations'' means persons who are exempt from fishing license requirement by section 2709(b) of the code (relating to exemptions from license requirements), persons whose visual acuity with best correcting lens is 3/60 or 10/200 or poorer in the better eye, persons whose vision is such that the widest diameter of the visual field of the better eye has contracted to such an extent that it subtends an angular distance of not greater than 20° or persons permanently deprived of the full use of a leg or both legs.

[Pa.B. Doc. No. 00-1590. Filed for public inspection September 15, 2000, 9:00 a.m.]


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