STATEMENTS OF POLICY
Title 58--RECREATION
FISH AND BOAT COMMISSION
[58 PA. CODE CH. 57]
Allocation and Stocking of Trout
[35 Pa.B. 5133] The Fish and Boat Commission (Commission) has adopted changes to a statement of policy in Chapter 57 (relating to statements of policy) that pertains to publicizing the stocking of fish. Although not required to publish a notice of proposed rulemaking to adopt revisions to a statement of policy, the Commission published the proposed statement of policy and sought public comments because of the heightened public interest in this issue. The Commission is publishing this revised statement of policy under the authority of 30 Pa.C.S. (relating to the Fish and Boat Code) (code).
A. Effective Date
The statement of policy will go into effect upon publication in the Pennsylvania Bulletin.
B. Contact Person
For further information on the revised statement of policy, contact Laurie E. Shepler, Chief Counsel, Chief Counsel, P. O. Box 67000, Harrisburg, PA 17106-7000, (717) 705-7815. This statement of policy is available on the Commission's website at www.fish.state.pa.us.
C. Statutory Authority
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 November 8, 1985, meeting, the Commission formally adopted a statement of policy for the allocation and stocking of adult trout. That statement of policy provided that trout are allocated to individual waters on a classification basis without regard to county lines and that the assignment of waters to stocking categories is based on biological and social factors. Eight stocking categories were identified, including ''wild trout: no stocking,'' high yield, basic yield I, basic yield II, basic yield III, low yield, rivers and lakes. Although the statement of policy utilized the general term ''wild trout,'' the term in practice included only Class A and wilderness trout streams. The names of the other categories were changed over the years.
The Commission's fisheries staff are committed to reengineering the Commission's trout management approach. Allocation of legal-size stocked trout is a major part of the Commission's trout management plans. Adjusting this statement of policy will allow staff initiative without the burden of the eight resource categories identified in the original statement of policy and will increase flexibility for consideration of public interests in the stocking of individual waters.
E. Summary of Changes
The Commission amended its statement of policy under which the Commission will allocate trout, except fingerlings, to individual waters with the rate and frequency to be determined by the assignment of each water to a resource category. Under the amended statement of policy, the Commission will assign waters areas to resource categories based on appropriately weighted biological and social factors.
F. Paperwork
The revised statement of policy will not increase paperwork and will create no new paperwork requirements.
G. Fiscal Impact
The amended statement of policy will have no adverse fiscal impact on the Commonwealth or its political subdivisions. The amended 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 an amendment to a statement of policy, the Commission published the proposed amendment at 35 Pa.B. 2417 (April 23, 2005) and sought public comments because of the heightened public interest in this issue. The Commission received two public comments opposing the policy. Copies of all public comments were provided to the Commissioners.
Findings
The Commission finds that:
(1) Public notice of intention to adopt the amendment to the statement of policy 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 to the statement of policy 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 57, are amended by amending § 57.2 to read as set forth at 35 Pa.B. 2417.
(b) The Executive Director will submit this order and 35 Pa.B. 2417 to the Office of Attorney General for approval as to legality as required by law.
(c) The Executive Director shall certify this order and 35 Pa.B. 2417 and deposit the same 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 DirectorFiscal Note: Fiscal Note 48A-168 remains valid for the final adoption of the subject regulation.
[Pa.B. Doc. No. 05-1716. Filed for public inspection September 16, 2005, 9:00 a.m.]
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