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PA Bulletin, Doc. No. 04-1717

PROPOSED RULEMAKING

FISH AND BOAT COMMISSION

[58 PA. CODE CH. 51]

Administrative Provisions

[34 Pa.B. 5161]

   The Fish and Boat Commission (Commission) proposes to amend § 41.33 (relating to effective dates of licenses and trout/salmon permits). The Commission is publishing this proposed rulemaking under the authority of 30 Pa.C.S. (relating to the Fish and Boat Code) (code). The proposed amendment relates to the effective dates of licenses and trout/salmon permits for 2005.

A.  Effective Date

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

B.  Contact Person

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

C.  Statutory Authority

   The proposed amendment to § 51.33 is published under the statutory authority of section 506 of The Administrative Code of 1929 (71 P. S. § 186).

D.  Purpose and Background

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

E.  Summary of Proposal

   It is possible that the General Assembly will enact legislation affecting the price and mix of fishing licenses, stamps and permits late in the 2004 calendar year. These changes, if enacted, will be in effect for the 2005 year. To facilitate the orderly distribution and proper accounting for new license types and license prices, it will be necessary for Commission staff to delay the distribution of license materials until after enactment of legislation.

   The current regulation specifies that annual licenses are effective for the year printed on the license certificate and the month of December of the preceding year. The proposed rulemaking will make 2005 licenses effective on January 1, 2005, or the date of sale in December 2004, whichever is earlier. Limited duration licenses, such as the 1-day, 3-day and 7-day licenses, will remain valid only for the dates specified on the license certificates. The Commission proposes to amend § 51.33 to read as set forth in Annex A.

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 about 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 proposed rulemaking in the Pennsylvania Bulletin. Comments submitted by facsimile will not be accepted.

   Comments also may be submitted electronically to ra-pfbcregs@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.

DOUGLAS J. AUSTEN, Ph.D.,   
Executive Director

   Fiscal Note: 48A-161. No fiscal impact; (8) recommends adoption.

Annex A

TITLE 58. RECREATION

PART II. FISH AND BOAT COMMISSION

Subpart A. GENERAL PROVISIONS

CHAPTER 51. ADMINISTRATIVE PROVISIONS

Subchapter D.  ISSUING AGENTS

§ 51.33. Effective dates of licenses and trout/salmon permits.

   (a)  Fishing licenses and permits, such as trout/salmon permits are valid for the year printed on the license certificate or permit, and the month of December of the preceding year, except for tourist licenses that are valid for the dates specified on the license certificate.

   (b)  Annual licenses and permits for 2005 are valid for the 2005 year and any part of December 2004 commencing on the date of sale.

[Pa.B. Doc. No. 04-1717. Filed for public inspection September 17, 2004, 9:00 a.m.]


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