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PA Bulletin, Doc. No. 02-2273

PROPOSED RULEMAKING

FISH AND BOAT COMMISSION

[58 PA. CODE CH. 53]

Commission Property

[32 Pa.B. 6261]

   The Fish and Boat Commission (Commission) proposes to amend Chapter 53 (relating to Commission property). 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).

A.   Effective Date

   The proposed rulemaking, if approved on final-form rulemaking, will go into effect upon publication in the Pennsylvania Bulletin.

B.  Contact Person

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

C.  Statutory Authority

   The proposed amendment to § 53.8 (relating to boats) is published under the statutory authority of section 741 of the code (relating to control of property).

D.  Purpose and Background

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

E.  Summary of Proposal

   A Commission waterways conservation officer recently cited an individual for retrieving an unregistered and unpermitted canoe from the Commission's Upper Black Eddy access on the Delaware River. At the hearing before the district justice, the individual argued that he was not in violation of the Commission's regulations because the registration requirement of § 53.8(h) does not apply to noncommercial users of all accesses on the Delaware River. The district justice ruled in his favor. Accordingly, the Commission proposes to amend this section to avoid further misinterpretation.

F.  Paperwork

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

G.  Fiscal Impact

   The proposed rulemaking will have no adverse fiscal impact on the Commonwealth or its political subdivisions. The proposed rulemaking 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 regarding the proposed rulemaking 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 ra-pfbcregs@state.pa.us. A subject heading of the proposal and a return name and address shall be included in each transmission. In addition, all electronic comments shall 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-138. No fiscal impact; (8) recommends adoption.

Annex A

TITLE 58.  RECREATION

PART II.  FISH AND BOAT COMMISSION

Subpart A.  GENERAL PROVISIONS

CHAPTER 53.  COMMISSION PROPERTY

§ 53.8.  Boats.

*      *      *      *      *

   (h)  A boat using a Commission lake or access area shall be registered and display the official registration number and current validation stickers described under Subpart C and Part III of the code.

   (1)  This subsection does not apply to:

*      *      *      *      *

   (ii)  Noncommercial users of access areas on the West Branch of the Delaware River and the portion of the Delaware River [and West Branch of the Delaware River bounded by the State of New York] upstream of the Interstate 84 Bridge.

*      *      *      *      *

[Pa.B. Doc. No. 02-2273. Filed for public inspection December 20, 2002, 9:00 a.m.]


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