RULES AND REGULATIONS
Title 58--RECREATION
FISH AND BOAT COMMISSION
[58 PA. CODE CH. 63]
Marking Fish
[31 Pa.B. 6451] The Fish and Boat Commission (Commission) by this order amends Chapter 63 (relating to general fishing regulations). The Commission is publishing this final-form rulemaking under the authority of 30 Pa.C.S. (relating to the Fish and Boat Code) (code). The final-form rulemaking relates to tagging, branding, marking or finclipping fish.
A. Effective Date
The final-form rulemaking will go into effect on January 1, 2002, or upon publication of an order adopting the regulation in the Pennsylvania Bulletin, whichever occurs later.
B. Contact Person
For further information on the final-form rulemaking, 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 (http://www.fish.state.pa.us).
C. Statutory Authority
The final-form rulemaking is published under the statutory authority of section 2102 of the code (relating to rules and regulations).
D. Purpose and Background
The final-form rulemaking is designed to update, modify and improve the Commission's regulations pertaining to fishing. The specific purpose of the final-form rulemaking is described in more detail under the summary of regulation.
E. Summary of Regulation
Tagging, branding, marking and finclipping have been used to identify fish for a variety of reasons by fisheries scientists, angling organizations, commercial establishments and even individual anglers for years. Reasons for ''marking'' fish have been equally diverse from well designed studies aimed at answering a specific question to a means of dispersing awards or simply identifying repeat catches at an angler's favorite fishing spots. Devices for ''marking'' fish go from sophisticated radio transmitters to crude home-made creations, sometimes as plain as a bent paperclip inserted through the dorsal fin of a trout. Tags are readily available from a variety of commercial sources, not only those in the fisheries supply business but poultry and livestock suppliers as well. In addition, tags and tagging kits can be purchased through popular fishing tackle catalogs. Each year, Commission staff encounter anglers who have caught fish with tags often with no labels as to who applied the tag or a means to learn about the tagging.
Generally speaking, marked fish, particularly those with a skin piercing tag, are not better off from the activity. Commission biologists in conducting field studies requiring the marking of fish resort to tagging and fin clipping only as a last resort. These studies also must take into account mortality due to marking and behavior responses that may impact study results. Tagging efforts by anglers often are at the worst time of the year for fish as warming water temperatures increase the likelihood that tagged fish may become infected due to the placement of tags and entry wounds.
When asked by the general public about tagging fish, Commission staff can only attempt to persuade the requestor to not do any, due not only to the limited information that might come from the effort but the likelihood of damage and even death to tagged fish. Given the Commission's stewardship role in regard to fish and other aquatic life, the Commission has adopted a new regulation that prohibits tagging and other forms of marking except under certain conditions. The Commission has adopted the new regulation as proposed.
F. Paperwork
The final-form rulemaking will not increase paperwork and will create no new paperwork requirements.
G. Fiscal Impact
The final-form rulemaking will have no adverse fiscal impact on the Commonwealth or its political subdivisions. The final-form rulemaking will impose no new costs on the private sector or the general public.
H. Public Involvement
A notice of proposed rulemaking was published at 31 Pa.B. 3411 (June 30, 2001). The Commission did not receive any public comments concerning the proposal.
Finding
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 regulation 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 63, are amended by adding § 63.45 to read as set forth in 31 Pa.B. 3411.
(b) The Executive Director will submit this order and 31 Pa.B. 3411 to the Office of Attorney General for approval as to legality as required by law.
(c) The Executive Director shall certify this order and 31 Pa.B. 3411 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-120 remains valid for the final adoption of the subject regulation.
[Pa.B. Doc. No. 01-2103. Filed for public inspection November 21, 2001, 9:00 a.m.]
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