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PA Bulletin, Doc. No. 04-327

RULES AND REGULATIONS

[58 PA. CODE CHS. 63 AND 93]

Fishing; Boating

[34 Pa.B. 1232]

   The Fish and Boat Commission (Commission) amends Chapters 63 and 93 (relating to general fishing regulations; and boat registration and numbering). 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 fishing and registration and titling.

A.  Effective Date

   This final-form rulemaking will go into effect upon 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 on the Commission's website: www.fish.state.pa.us.

C.  Statutory Authority

   The amendments to §§ 63.6 and 63.8 (relating to authorized devices for game fish, baitfish and fishbait; and long bows, crossbows, spears and gigs) are published under the statutory authority of section 2102(b) of the code (relating to rules and regulations). The amendments to § 93.9 (relating to surrender of certificate of registration) are published under the statutory authority of section 5122 of the code (relating to registrations, licenses, permits, plates and statistics). The amendments to § 93.102 (relating to application procedure and contents of applications for certificates of title) are published under the statutory authority of section 5325 of the code (relating to rules and regulations).

D.  Purpose and Background

   This final-form rulemaking is designed to update, modify and improve the Commission's regulations pertaining to fishing and registration and titling. The specific purpose of the final-form rulemaking is described in more detail under the summary of changes. The Commission's Boating Advisory Board considered the proposed changes to §§ 93.9 and 93.102 and recommended that the Commission adopt the amendments as set forth in the notice of proposed rulemaking published at 33 Pa.B. 5081 (October 11, 2003).

E.  Summary of Changes

   (1)  Sections 51.72 and 51.73. The Commission has decided to withdraw temporarily the proposal to add §§ 51.72 and 51.73 (relating to permits for commercial pest control agents; and general permits for fish collecting activities). The Commission intends to consider this proposal at a later date.

   (2)  Section 63.6. A recent review of the Commission's regulations has revealed the need to clarify that nets may not be used to catch or take game fish. This issue has arisen with regard to the Lake Erie tributaries and the illegal netting of steelhead. Accordingly, the Commission has amended this section to read as set forth in the notice of proposed rulemaking.

   (3)  Section 63.8. In recent years, crossbows have become more popular. The Game Commission has relaxed restrictions for their use during the regular firearms season for deer and during the elk and bear seasons. Allowing their use in fishing would have no or little impact and would eliminate the need for a permit for their use for persons with disabilities. Accordingly, the Commission has amended this section to read as set forth in the notice of proposed rulemaking.

   (4)  Section 93.9. This section sets forth the conditions under which an individual is required to surrender a certificate of registration. The condition in this section dealing with documented vessels is not valid. Documented vessels are exempt from the requirement to display the registration number but are required to be registered, in part, to serve as proof of payment of sales tax. Because documented vessels are required to be registered, their owners must possess a certificate of registration and display a validation decal. Accordingly, the Commission has amended this section to read as set forth in the notice of proposed rulemaking.

   (5)  Section 93.102. A question has arisen regarding whether it is appropriate for the Commission to issue a certificate of title for a boat that is currently registered in another state. For example, a North Carolina resident recently sought to obtain a Pennsylvania title for his boat that is currently registered in North Carolina. Although North Carolina does not have a mandatory titling program, it does allow individuals to voluntarily title their boats. The individual did not want to title his boat in North Carolina but wished to keep his boat registered there.

   The Commission has determined that as a matter of policy, it should not issue a certificate of title for a boat that is currently registered or titled, or both, in another state or that is documented by the United States Coast Guard unless the application for title is accompanied by the current certificates of registration or title, or both, for the boat or evidence that the marine document for the boat is no longer in effect. Accordingly, the Commission has amended this section to read as set forth in the notice of proposed rulemaking.

F.  Paperwork

   This final-form rulemaking will not increase paperwork and will create no new paperwork requirements.

G.  Fiscal Impact

   This final-form rulemaking will have no adverse fiscal impact on the Commonwealth or its political subdivisions. This 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 33 Pa.B. 5081. The Commission did not receive any public comments concerning the proposals.

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 no comments were received.

   (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 Chapters 63 and 93, are amended by amending §§ 63.6, 63.8, 93.9 and 93.102 to read as set forth at 33 Pa.B. 5081.

   (b)  The Deputy Executive Director will submit this order and 33 Pa.B. 5081 to the Office of Attorney General for approval as to legality as required by law.

   (c)  The Deputy Executive Director shall certify this order and 33 Pa.B. 5081 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.

DENNIS T. GUISE,   
Deputy Executive Director

   Fiscal Note:  Fiscal Note 48A-149 remains valid for the final adoption of the subject regulations.

[Pa.B. Doc. No. 04-327. Filed for public inspection February 27, 2004, 9:00 a.m.]


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