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PA Bulletin, Doc. No. 06-388

RULES AND REGULATIONS

Title 58--RECREATION

FISH AND BOAT COMMISSION

[58 PA. CODE CH. 63]

General Fishing Regulations

[36 Pa.B. 1124]

   The Fish and Boat Commission (Commission) amends Chapter 63 (relating to general fishing regulations). 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 deletes the regulation governing the use of eel chutes in the waters of this Commonwealth.

A.  Effective Date

   The 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, Esq., P. O. Box 67000, Harrisburg, PA 17106-7000, (717) 705-7810. This final-form rulemaking is available on the Commission's website at www.fish.state.pa.us.

C.  Statutory Authority

   The deletion of § 63.11 is published under the statutory authority of section 2102 of the code (relating to rules and regulations).

D.  Purpose and Background

   The final-form rulemaking is designed to eliminate a Commission permitting program that is not being utilized. The specific purpose is described in more detail under the summary of changes.

E.  Summary of Changes

   Under section 2901 of the code (relating to eel chute licenses), a person may apply to the Commission for a special license to catch eels by the use and operation of eel chutes and the payment of a $25 fee. The special eel chute license gives the licenseholder the right to use and operate an eel chute: (1) in the Susquehanna River below the boundary line of the city of Pittson and Duryea Borough line on the north branch and below the bridge at the Northumberland-Lycoming County line on the west branch; (2) below Mount Union in the Juniata River; and (3) in the Delaware River. Section 63.11 contained provisions regarding the operation of eel chutes.

   According to the Commission's records, the Commission has not issued an eel chute license in the last 13 years. The Commission therefore deleted § 63.11 as set forth in the notice of proposed rulemaking.

F.  Paperwork

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

G.  Fiscal Impact

   The final-form rulemaking will have no adverse fiscal impact on the Commonwealth or its political subdivisions. The 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 35 Pa.B. 5127 (September 17, 2005). The Commission did not receive any public comments regarding the proposed rulemaking.

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 no comments were received.

   (3)  The adoption of the amendment 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 63, are amended by deleting § 63.11 to read as set forth at 35 Pa.B. 5127.

   (b)  The Executive Director will submit this order and 35 Pa.B. 5127 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. 5127 and deposit them with the Legislative Reference Bureau as required by law.

   (d)  This order shall take effect upon publication in the Pennsylvania Bulletin.

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

   Fiscal Note:  Fiscal Note 48A-177 remains valid for the final adoption of the subject regulation.

[Pa.B. Doc. No. 06-388. Filed for public inspection March 10, 2006, 9:00 a.m.]


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