PROPOSED RULEMAKING
FISH AND BOAT COMMISSION
[58 PA. CODE CH. 69]
Fishing in Lake Erie and Boundary Lakes
[36 Pa.B. 5687]
[Saturday, September 9, 2006]The Fish and Boat Commission (Commission) proposes to amend Chapter 69 (relating to fishing in Lake Erie and boundary lakes). The Commission is publishing this proposed rulemaking under the authority of 30 Pa.C.S. (relating to the Fish and Boat Code) (code).
A. Effective Date
The proposed rulemaking, if approved on final-form, will go into effect upon publication in the Pennsylvania Bulletin.
B. Contact Person
For further information on the proposed rulemaking, contact Jason E. Oyler, Esq., P. O. Box 67000, Harrisburg, PA 17106-7000, (717) 705-7810. This proposed rulemaking is available on the Commission's website at www.fish. state.pa.us.
C. Statutory Authority
The proposed amendment to § 69.21 is published under the statutory authority of section 2903 of the code (relating to boat and net licenses for boundary lakes).
D. Purpose and Background
The proposed rulemaking is designed to update, modify and improve the Commission's regulations regarding the use and number of seine nets for fishing on Lake Erie. The specific purpose of the proposed amendment is described in more detail under the summary of proposal.
E. Summary of the Proposal
The Commission received a request to increase the authorized number of seine licenses issued under § 69.21 from individuals interested in obtaining a license but finding that none are available due to past licensees holding them. Staff from the Commission's Bureau of Fisheries and Bureau of Law Enforcement reviewed the request and agree that an increase in seine licenses to a total of 15 will support the fishery interests on Lake Erie. They also agree that a maximum of two licenses per individual is appropriate.
The Commission therefore proposes to increase the number of available seine licenses from 10 to 15 and to limit the number of licenses that an individual may hold to 2, provided that the individual who currently possesses three seine licenses be grandfathered in the future. Accordingly, the Commission proposes to amend § 69.21 to read as set forth in Annex A.
F. Paperwork
The proposed rulemaking will create no new paperwork requirements because the Commission's current regulations allow for seine licenses. Paperwork may increase slightly because the Commission will issue five additional seine licenses.
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. The current fees for seine licenses in section 2903 of the code will remain unchanged.
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 proposed rulemaking 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. Electronic comments submitted in any other manner will not be accepted.
DOUGLAS J. AUSTEN, Ph.D.,
Executive DirectorFiscal Note: 48A-185. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 58. RECREATION
PART II. FISH AND BOAT COMMISSION
Subpart B. FISHING
CHAPTER 69. FISHING IN LAKE ERIE AND BOUNDARY LAKES
Subchapter C. COMMERCIAL FISHING LICENSES § 69.21. Limitations on number and types of licenses.
(a) The number and types of commercial fishing licenses for fishing in Lake Erie shall be limited as follows:
* * * * * (3) Seines: [ten] 15 licenses; no more than 2 licenses per individual. Individuals who hold more than two licenses as of December 31, 2006, shall be limited to the number of licenses that they hold as of that date.
* * * * *
[Pa.B. Doc. No. 06-1752. Filed for public inspection September 8, 2006, 9:00 a.m.]
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