PROPOSED RULEMAKING
[58 PA. CODE CHS. 51, 53, 63 AND 65]
General Provisions; Fishing
[35 Pa.B. 3419] The Fish and Boat Commission (Commission) proposes to amend Chapters 51, 53, 63 and 65. 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 amendments include housekeeping changes to the regulations and eliminate the requirement that tournaments, as a condition for culling, establish a daily limit of one fish less than the Statewide creel limit.
A. Effective Date
The proposed rulemaking, if approved on final-form, will go into effect on January 1, 2006.
B. Contact Person
For further information on the proposed rulemaking, contact Jason E. Oyler, Esq., P. O. Box 67000, Harrisburg, PA 17106-7000, (717) 705-7827. This proposal is available electronically through the Commission's website www.fish.state.pa.us.
C. Statutory Authority
The proposed amendments to §§ 51.32, 51.33, 53.24 and 63.40 are published under the statutory authority of sections 322 and 2102 of the code (relating to rules and regulations; and rules and regulations). The proposed amendments to § 51.35 (relating to operation of issuing agency) are published under the statutory authority of section 2711 of the code (relating to issuing agents). The proposed amendments to § 63.20 (relating to permits for the protection and management of trout and salmon) are published under the statutory authority of section 2904 of the code (relating to permits for the protection and management of particular fish). The proposed amendments to § 65.13 (relating to wild brook trout enhancement) are published under the statutory authority of sections 2102 and 2307 of the code (relating to rules and regulations; and waters limited to specific purposes).
D. Purpose and Background
The proposed rulemaking is designed to improve, make consistent and update the Commission's regulations. The specific purpose of the proposed amendments is described in more detail under the summary of proposals.
E. Summary of Proposals
(1) Sections 51.32, 51.33, 51.35, 63.20 and 65.13. Upon review of existing regulations relating to the sale and issuance of licenses and permits, the Commission has identified the need to make a few housekeeping changes to update these regulations and to keep them consistent with the act of November 29, 2004 (P. L. 1286, No. 159). The Commission has also identified the need for other housekeeping changes. For example, § 51.32(b) (relating to resident and nonresident licenses) refers to the Soldiers' and Sailors' Civil Relief Act of 1940, which needs to be updated as the Servicemembers Civil Relief Act. The Commission further proposes amending § 51.35 to allow other forms of security for issuing agents, in addition to bonds, to make this section consistent with the code.
In addition, § 63.20(f) provides that persons fishing in waters under special trout regulations designated under §§ 65.1--65.3 and 65.5--65.7 are required to have a trout/salmon permit. However, since that provision was first adopted, the Commission has added new special regulation programs for managing trout, including the wild brook trout enhancement program, and has ended others. The Commission proposes removing the references to specific programs in § 63.20(f) and instead including the requirement for a trout/salmon permit in the regulations pertaining to the individual programs, as in § 65.13.
The Commission proposes that these sections be amended to read as set forth in Annex A.
(2) Sections 53.24 and 63.40 (relating to tournament and fishing derby permits; and fishing tournaments and fishing derbies). As an outgrowth of recent discussions with tournament anglers and sponsors, there is interest in amending the Commission's current regulations dealing with culling. It is proposed that the Commission eliminate the requirement that tournament rules establish a daily limit of at least one fish less than the Statewide creel limit. This change will not have a negative fisheries impact, and the Bureau of Law Enforcement does not anticipate any problems.
The Commission proposes that these sections be amended 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 notice in the Pennsylvania Bulletin. Comments submitted by facsimile will not be accepted.
Comments also may be submitted electronically by com- pleting the form at www.state.pa.us/Fish/regcomments. 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 DirectorFiscal Note: 48A-171. 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 § 51.32. Resident and nonresident licenses.
* * *
(b) Military personnel who are stationed in this Commonwealth under permanent change of station orders (PCS) for a duration of 6 months or more may qualify as bona fide residents for the purpose of obtaining resident fishing licenses regardless of the fact they may maintain a legal domicile in another state as authorized by the [Soldiers' and Sailors' Civil Relief Act of 1940] Servicemembers Civil Relief Act (50 U.S.C.A. App. §§ 501--[591] 596). Military personnel who are domiciled in this Commonwealth but who are stationed in another state or country qualify as bona fide residents of this Commonwealth for fishing license purposes so long as they do not become domiciles of another state.
* * * * * § 51.33. Effective dates of licenses and [trout/salmon] permits.
(a) Fishing licenses and related 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 1-day and 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.]
§ 51.35. Operation of the issuing agency.
(a) A person, sole proprietorship, partnership or corporation may apply to become an issuing agent of the Commission for the purpose of selling fishing licenses. An applicant seeking to become an issuing agent shall complete and submit to the Commission an application on the form prescribed by the Commission and shall pay a one-time, nonrefundable fee of $100. Applications shall be accompanied by a bond in favor of the Commission, or other security in a form satisfactory to the Commission, in a minimum amount specified by the Executive Director or designee.
* * * * *
CHAPTER 53. FISH AND BOAT COMMISSION PROPERTY § 53.24. Tournament and fishing derby permits.
* * * * * (c) Special activity permit for fishing tournaments.
* * * * * (5) Permit conditions. The Bureau of Law Enforcement may impose conditions in connection with the issuance of a permit under this section. The conditions may include:
* * * * * (ix) Upon request of an applicant for a tournament permit, the Commission may include a condition providing that one or more uninjured largemouth bass, smallmouth bass or spotted bass that an angler is landing, measuring or in the process of releasing from a recirculated or aerated livewell will not be considered as part of the daily creel limit if the fish is caught during a tournament that as part of its rules penalizes the return of any dead or distressed bass to the water, [establishes a daily limit of at least one fish less than the Statewide creel limit,] requires use of recirculating or aerated temperature-controlled livewells, distributes to the contestants instructions on the proper maintenance and use of livewells and limits the fishing hours to no more than 9 hours per day. This permit condition will be included only in circumstances when the Commission finds that permitting culling will have no substantial adverse impacts on the protection and management of fish.
* * * * *
Subpart B. Fishing
CHAPTER 63. GENERAL FISHING REGULATIONS § 63.20. Permits for the protection and management of trout and salmon.
* * * * * (c) Form. Trout/salmon permits issued under this section shall be in the form of a stamp which shall be affixed to the person's fishing license and signed over the face of the stamp. The stamp shall bear a design, as may be approved by the Commission, together with the year for which it is valid. [Trout/salmon permits shall be valid from January 1--December 31 of the year in which they are issued.
(d) Fee. Trout/salmon permits shall be issued by the Commission or an issuing agent approved by the Commission upon payment of a fee of $5.
(e)] (d) Exceptions.
* * * * * [(f)](e) Fish for trout or salmon. A person fishes for trout or salmon when one of the following applies:
(1) The person fishes in [waters under special trout regulations designated under §§ 65.1--65.3 and 65.5--65.7,] wilderness trout streams or their tributaries or Class A wild trout waters or their tributaries.
* * * * * § 63.40. Fishing tournaments and fishing derbies.
* * * * * (b) Permits. It is unlawful to conduct a fishing tournament on Commonwealth waters without obtaining a special activity permit under this section.
* * * * * (4) Permit conditions. The Bureau of Law Enforcement may impose conditions in connection with the issuance of a permit under this section. The conditions may include:
* * * * * (vi) Upon request of an applicant for a tournament permit, the Commission may include a condition providing that one or more uninjured largemouth bass, smallmouth bass or spotted bass that an angler is landing, measuring or in the process of releasing from a recirculated or aerated livewell will not be considered as part of the daily creel limit if the fish is caught during a tournament that as part of its rules penalizes the return of any dead or distressed bass to the water, [establishes a daily limit of at least one fish less than the Statewide creel limit,] requires use of recirculating or aerated temperature-controlled livewells, distributes to the contestants instructions on the proper maintenance and use of livewells and limits the fishing hours to no more than 9 hours per day. This permit condition will be included only in circumstances when the Commission finds that permitting culling will have no substantial adverse impacts on the protection and management of fish.
* * * * *
CHAPTER 65. SPECIAL FISHING REGULATIONS § 65.13. Wild brook trout enhancement.
* * * * * (b) It is unlawful to fish in designated ''Wild Brook Trout Enhancement Regulations'' waters except in compliance with the following requirements:
* * * * * (5) A current trout/salmon permit is required.
[Pa.B. Doc. No. 05-1173. Filed for public inspection June 17, 2005, 9:00 a.m.]
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