RULES AND REGULATIONS
Title 58--RECREATION
FISH AND BOAT COMMISSION
[58 PA. CODE CH. 63]
Fishing Guide Operations
[33 Pa.B. 1468] The Fish and Boat Commission (Commission) amends Chapter 63 (relating to general fishing regulations). The Commission is publishing the final-form rulemaking under the authority of 30 Pa.C.S. (relating to the Fish and Boat Code) (code).
A. Effective Date
The final-form rulemaking will go into effect upon final-form publication of this order in the Pennsylvania Bulletin.
B. Contact Person
For further information on the final-form rulemaking, contact Laurie E. Shepler, Assistant Counsel, P. O. Box 67000, Harrisburg, PA 17106-7000, (717) 705-7815. This final-form rulemaking is available electronically through the Commission's website (http://www.fish.state.pa.us).
C. Statutory Authority
The amendments to § 63.41 (relating to recognition of fishing guide operations) are 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 recognized fishing guide operations. The specific purpose of the final-form rulemaking is described in more detail under the summary of changes.
E. Summary of Final-Form Rulemaking
The Commission administers a program that provides for the voluntary Official Recognition of Charter Boats and Fishing Guides operating within this Commonwealth. Under existing regulations, operators pay a $50 annual fee for which they receive an official recognition certificate and two decals. In return, they may proclaim themselves as being officially recognized by the Commission and may field dress fish caught for their customers. They also must report to the Commission the number and species of fish caught and their disposition.
The Commission proposed several significant revisions to § 63.41. The major changes include:
* Changing the title of the section to ''Recognition of fishing guide operations.'' This program enables those so recognized to provide value added services for customers, such as field dressing fish, and imposes a reporting requirement on fish caught. The use of a boat when delivering these services is incidental and not germane to the primary privileges and requirements of participation.
* Including a definition of ''concurrent jurisdiction waters'' for the purpose of this section.
* Imposing additional requirements when boats are used in fishing guide operations, such as: (1) a Boating Safety Education Certificate; and (2) registration carrying a use classification of ''commercial passenger'' when the boat is registered in this Commonwealth.
* Requiring additional documentation be included with applications when boats are used, depending on the number of passengers.
* Correcting a reference to Chapter 101 (relating to boating accidents) to refer to Chapter 115 (relating to boats carrying passengers for hire).
On final-form rulemaking, the Commission eliminated the Boating Safety Education Certificate requirement for operators and crew members of charter boats operating on concurrent jurisdiction waters. The Commission determined that a Boating Safety Education Certificate should not be required because the proposed rulemaking already mandated that these operators provide proof that they are licensed by the United States Coast Guard. This change necessitated a reorganization of subsection (c) for clarity's sake. The Commission otherwise adopted the amendments to § 63.41 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 and will impose no new costs on the general public. The final-form rulemaking will impose new costs on the private sector in that it will require that when charter boats are used, applicants for official recognition submit a copy of a valid boat registration certificate, showing the boat use classification as ''commercial passenger.'' The statutory biannual fee for a commercial passenger boat registration is $50, as opposed to the biannual fee of $30 and $40 to register motorboats 16 feet to less than 20 feet and motorboats 20 feet or longer, respectively. Each year, the Commission receives approximately 100 applications for official recognition, nearly half of which involve charter boats. Thus, the impact on the private sector will be nominal.
H. Public Involvement
A notice of proposed rulemaking was published at 32 Pa.B. 6130 (December 14, 2002). Commission staff also provided a copy of the proposed rulemaking to all current participants in the Official Recognition Program. The Commission received two public comments from one individual generally supporting the proposed rulemaking. The commentator, a fishing guide from New Jersey who has not applied for recognition in this Commonwealth, believes that the requirements for recognition should be more stringent than those proposed. Copies of all public comments were provided to the Commissioners.
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, 1 Pa. Code §§ 7.1 and 7.2.
(2) A public comment period was provided, and all comments received were considered.
(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 Chapter 63, are amended by amending § 63.41 to read as set forth in Annex A.
(b) The Executive Director will submit this order and Annex A to the Office of Attorney General for approval as to legality as required by law.
(c) The Executive Director shall certify this order and Annex A 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-135 remains valid for the final adoption of the subject regulation.
Annex A
TITLE 58. RECREATION
PART II. FISH AND BOAT COMMISSION
Subpart B. FISHING
CHAPTER 63. GENERAL FISHING REGULATIONS § 63.41. Recognition of fishing guide operations.
(a) Definitions. The following words and terms, when used in this section, have the following meanings, unless the context clearly indicates otherwise:
Charter boat--A boat operated as part of a fishing guide operation on the waters of this Commonwealth.
Concurrent jurisdiction waters--Those waters of this Commonwealth over which the Commonwealth and the United States Coast Guard exercise concurrent jurisdiction, including Lake Erie and the Ohio, Monongahela, Allegheny, Delaware and North Branch, Susquehanna and West Branch, Susquehanna (below Williamsport) Rivers.
Fishing guide operation--A commercial enterprise operated for the purpose of guiding or leading persons fishing on the waters of this Commonwealth by boat or otherwise.
(b) Voluntary official recognition. The Executive Director may upon application grant official recognition of fishing guide operations. Applications for recognition shall be made on forms provided by the Commission and contain information the Executive Director may require. Denial of official recognition may be appealed in accordance with Chapter 51, Subchapter E (relating to permit procedures).
(c) Charter boats. When charter boats are used, applicants for official recognition shall submit the following evidence along with their applications:
(1) For charter boats carrying six or fewer passengers for hire on concurrent jurisdiction waters:
(i) A copy of a valid boat registration certificate, showing the boat use classification as ''commercial passenger.''
(ii) A copy of the Federal documentation certificate if the boat is required to be documented for commercial service by the United States Coast Guard.
(iii) A copy of the operator's license issued by the United States Coast Guard appropriate for the waters on which the boat will operate.
(2) For charter boats carrying seven or more passengers for hire on concurrent jurisdiction waters:
(i) A copy of a valid boat registration certificate, showing the boat use classification as ''commercial passenger.''
(ii) A copy of the Federal documentation certificate if the boat is required to be documented for commercial service by the United States Coast Guard.
(iii) A copy of the operator's license issued by the United States Coast Guard appropriate for the waters on which the boat will operate.
(iv) A copy of the most recent inspection report for the vessel.
(3) For charter boats carrying six or fewer passengers for hire on waters other than concurrent jurisdiction waters:
(i) A copy of a valid boat registration certificate, showing the boat use classification as ''commercial passenger.''
(ii) A copy of a boating safety education certificate for all operators.
(4) For charter boats carrying seven or more passengers for hire on waters other than concurrent jurisdiction waters:
(i) A copy of a valid boat registration certificate, showing the boat use classification as ''commercial passenger.''
(ii) A copy of a boating safety education certificate for all operators.
(iii) A certificate of inspection issued under Chapter 115 (relating to boats carrying passengers for hire).
(d) Duration and fee. Official recognition of fishing guide operations shall be valid for a calendar year and shall expire on December 31 of the year of issuance. The annual fee for official recognition is $50.
(e) Use of official recognition. Fishing guide operations recognized under this section may indicate that they have been ''Officially Recognized by the Pennsylvania Fish and Boat Commission'' in advertisements and by other means.
(f) Compliance with regulations. Persons who receive official recognition for fishing guide operations are responsible for ensuring that their employees, passengers and customers comply with fishing and boating regulations. The individual who submits and signs the application shall be the fishing guide or the owner/lessee/captain of the charter boat, and the individual shall be considered the individual party responsible for compliance with regulations. An application for official recognition shall include a provision whereby applicants agree that they will be responsible and are subject to prosecution for any violation of this part that occurs in connection with their operations.
(g) Reports. Officially-recognized fishing guide operations shall provide periodic reports to the Commission on the number of passengers or customers, number and species of fish caught and their disposition and other matters the Executive Director may require. Reports shall be submitted on forms approved by the Commission in numbers and at intervals determined by the Executive Director. Not more than four nor less than one report will be required per calendar year.
(h) Field dressing of fish.
(1) Notwithstanding § 63.15 (relating to field dressing of fish), fish caught pursuant to officially-recognized fishing guide operations may be filleted and have the head and tail removed before arrival at the place of consumption. The skin shall remain attached to the fillet for species subject to a minimum size limit. The minimum fillet size shall be 75% of the minimum size limit of the fish being filleted.
(2) The fishing guide operation shall give the person who receives the field dressed fish a signed, dated receipt indicating the species and number of fish on a form acceptable to the Commission. A person in possession of the field dressed fish shall carry the receipt with him and display it upon request to an officer authorized to enforce this title until the fish have arrived at the place of consumption. It is the responsibility of the officially-recognized fishing guide operation to ensure that a fish field dressed pursuant to the authority of this subsection complies with applicable season, size and creel limits.
(i) Holder of official recognition. Official recognition for a fishing guide operation that does not involve operation of a charter boat will be issued to an individual fishing guide. Each individual fishing guide shall apply for and receive official recognition. Official recognition for charter boats will be issued to the owner/lessee/captain of the boat. Individuals employed as crew members for a charter boat may, but need not necessarily, apply for and receive individual recognition as fishing guides. The operators of charter boats and the crew members shall comply with the licensing and training requirements in subsection (c).
(j) Suspension or revocation of official recognition. The Commission may suspend or revoke the official recognition of a fishing guide operation for noncompliance with the terms and conditions of this section or when the guide operation, the individual fishing guide, charter boat owner/lessee/captain or employee or crew member of the guide operation is convicted or acknowledges guilt of a violation of the code or this part related to the fishing guide operation. Suspension or revocation procedures shall comply with Chapter 51, Subchapter C (relating to suspension, denial or revocation of licenses, permits, registration or privileges).
[Pa.B. Doc. No. 03-506. Filed for public inspection March 21, 2003, 9:00 a.m.]
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