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PA Bulletin, Doc. No. 05-771

STATEMENTS OF POLICY

Title 58--RECREATION

FISH AND BOAT COMMISSION

[58 PA. CODE CH. 57]

Publicizing Stocking of Fish

[35 Pa.B. 2416]

   The Fish and Boat Commission (Commission) adopts a statement of policy in Chapter 57 (relating to statements of policy). The statement of policy relates to publicizing the stocking of fish. The Commission is publishing the statement of policy under the authority of 30 Pa.C.S. (relating to the Fish and Boat Code) (code).

A.  Effective Date

   The amendment will go into effect upon publication in the Pennsylvania Bulletin.

B.  Contact Person

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

C.  Statutory Authority

   The amendment to the statement of policy is published under the statutory authority of section 321 of the code (relating to administration and enforcement) that provides that the Commission administer and enforce the code and other laws of the Commonwealth regarding the protection, propagation and distribution of fish.

D.  Purpose and Background

   At the April 18, 1997, meeting, the Commission formally adopted modifications to its policy for publicizing the stocking of legal-size trout. That policy provided that:

   (1)  All stockings are publicly announced.

   (2)  Announcements of preseason and winter stockings may include the date, time and a description of the waters to be stocked.

   (3)  Announcements of in-season stockings will include the week of stocking and the name of the waters to be stocked. The Executive Director may announce the date and time of certain in-season stocking on Saturdays on publicly owned or controlled lakes, with the owners' consent, when the announcement will enhance fishing opportunities and will not cause undue congestion and crowd control and traffic problems.

   (4)  The Executive Director may announce the day of in-season stocking on publicly owned or controlled waters on a phased basis by establishing pilot sites and test announcements.

   Because there is increased interest among the public to announce stocking to the fullest extent practicable, the Commission has changed its policy as more fully described herein. The Commission will use field reviews by its staff, as well as responses from landowners, to identify waters where the announcement of stocking is advisable.

E.  Summary of Change

   The Commission has adopted an amendment to the statement of policy in § 57.9a (relating to publicizing stocking of fish) under which all stockings will be publicly announced. Under the new amendment, the Executive Director may announce the date, time, location, number or weight, or both, of all fish stockings. The Executive Director may withhold announcements based on certain factors, including safety.

F.  Paperwork

   The amendment will not increase paperwork and will create no new paperwork requirements.

G.  Fiscal Impact

   The amendment will have no adverse fiscal impact on the Commonwealth or its political subdivisions. The statement of policy will impose no new costs on the private sector or the general public.

H.  Public Involvement

   Although not required to publish a notice of proposed rulemaking to adopt a statement of policy, the Commission published the proposed statement of policy at 34 Pa.B. 6655 (December 18, 2004) and sought public comments because of the heightened public interest in this issue. The Commission received two public comments opposing the announcement of in-season stockings. Copies of all public comments were provided to the Commissioners.

Findings

   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 the comments that were received were considered.

   (3)  The adoption of the amendment 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 57, are amended by amending § 57.9a to read as set forth at 34 Pa.B. 6655.

   (b)  The Executive Director will submit this order and 34 Pa.B. 6655 to the Office of Attorney General for approval as to legality as required by law.

   (c)  The Executive Director shall certify this order and 34 Pa.B. 6655 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.

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

   Fiscal Note: Fiscal Note 48A-164 remains valid for the final adoption of the subject regulation.

[Pa.B. Doc. No. 05-771. Filed for public inspection April 22, 2005, 9:00 a.m.]


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