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PA Bulletin, Doc. No. 01-401

RULES AND REGULATIONS

Title 58--RECREATION

FISH AND BOAT COMMISSION

[58 PA. CODE CH. 65]

Exclusive Fishing Areas

[31 Pa.B. 1368]

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

A.  Effective Date

   The amendment will go into effect upon publication of an order adopting the amendment in the Pennsylvania Bulletin.

B.  Contact Person

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

C.  Statutory Authority

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

E.  Summary of Changes

   The Commission received a request to consider revising the definition of ''special populations'' in § 65.21 (relating to waters limited to specific purposes--exclusive use 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 pointed 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 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 amended § 65.21(b) as proposed.

F.  Paperwork

   The amendment will not increase paperwork and will create no 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 was published at 30 Pa.B. 4818 (September 16, 2000). The Commission did not receive any public comments regarding the proposed amendment.

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 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 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 § 65.21 to read as set forth at 30 Pa.B. 4818.

   (b)  The Executive Director will submit this order and 30 Pa.B. 4818 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. 4818 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-110 remains valid for the final adoption of the subject regulation.

[Pa.B. Doc. No. 01-401. Filed for public inspection March 9, 2001, 9:00 a.m.]


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