PROPOSED RULEMAKING
FISH AND BOAT COMMISSION
[58 PA. CODE CH. 63]
Fishing; American Eels
[37 Pa.B. 2196]
[Saturday, May 12, 2007]The Fish and Boat Commission (Commission) proposes to amend Chapter 63 (relating to general fishing regulations). 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 rulemaking, will go into effect upon publication in the Pennsylvania Bulletin.
B. Contact Person
For further information on the proposed rulemaking, contact Laurie E. Shepler, Esq., P. O. Box 67000, Harrisburg, PA 17106-7000, (717) 705-7815. This proposed rulemaking is available on the Commission's website at www.fish.state.pa.us.
C. Statutory Authority
The proposed addition of § 63.49 (relating to reporting by dealers of American eels) is published under the statutory authority of section 2102 of the code (relating to rules and regulations).
D. Purpose and Background
The proposed rulemaking is designed to improve, enhance and update the Commission's fishing regulations. The specific purpose of the proposed rulemaking is described in more detail under the summary of proposal.
E. Summary of Proposal
At its February 2006 meeting in Arlington, VA, the American Eel Management Board of the Atlantic States Marine Fisheries Commission (ASMFC) approved Addendum I to the Interstate Fishery Management Plan for American Eel with member states implementing either Option 1A or Option 2 of the Addendum. The goal of Addendum I is to provide accurate catch and effort data for use in future stock assessments. Option 1A of the Addendum requires implementation of a license and reporting program for commercial fisheries for American eel. Option 2 requires implementation of a dealer permit with a mandatory purchase reporting requirement. This will provide an important validation of the catch and effort data being reported by harvesters. Because there is not a commercial eel fishery in this Commonwealth, Option 1A does not apply. However, there are approximately 40 American eel dealers who are registered as dealers of live aquatic animals with the Department of Agriculture (Department). Therefore, the Commission proposes to implement Option 2 to address dealer reporting.
The Department regulates aquaculture in this Commonwealth. Under 3 Pa.C.S. § 4222 (relating to registration for dealers of live aquatic animals), the Department requires the registration of dealers of live aquatic animals. Chapter 42 of 3 Pa.C.S. (relating to Aquacultural Development Law) (act) further provides that distribution by registered dealers is limited to species of fish approved by the Department. The Department defers to a list of species of fish that the Commission approved for propagation in open systems. The Commission maintains this list and updates it annually prior to January 31. The American eel is on this Commission list.
Under the act, registered dealers are subject to certain reporting and recordkeeping requirements. However, the act's reporting and recordkeeping requirements do not extend to the type of reports that the ASMFC is seeking. In addition, the act's provisions do not apply to dealers that are not required to be registered. Therefore, the Commission proposes a regulation requiring dealers of American eels to report the amounts of American eels that they buy and sell.
Reporting will be done on forms developed by the Commission and provided to the dealers by the Commission. Required information will include the date of purchase or sale, harvester, pounds purchased or sold by life stage, purpose of purchase or sale (bait, food, and the like), amount exported and other information the Commission considers necessary. This information will be required on the basis of individual purchases from harvesters or individual sales. Reports will be provided on a quarterly basis and be provided to the Commission by the 10th of the month in the next quarter. Reports will document purchases or sales for the preceding quarter on a monthly basis. The Commission will in turn maintain a database in a format acceptable to the ASMFC and provide the information on a schedule established by the ASMFC. The Commission proposes to add § 63.49 to read as set forth in Annex A.
F. Paperwork
The proposed rulemaking will increase paperwork and will create new paperwork requirements. Dealers of American eels in this Commonwealth will be required to provide quarterly reports to the Commission on forms developed by the Commission.
G. Fiscal Impact
The proposed rulemaking will have no adverse fiscal impact on the Commonwealth's political subdivisions. The proposed rulemaking will impose no new costs on the private sector or the general public. The proposed rulemaking, however, will result in a nominal increase in program costs to the Commonwealth. The costs incurred by the Commonwealth include development of the form, creation of a database, entry of data from the forms received each quarter into the database and preparation of an annual report.
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 completing 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 another manner will not be accepted.
DOUGLAS J. AUSTEN, Ph.D.,
Executive DirectorFiscal Note: 48A-192. (1) Fish Fund; (2) Implementing Year 2007-08 is $3,600; (3) 1st Succeeding Year 2008-09 is $3,000; 2nd Succeeding Year 2009-10 is $3,100; 3rd Succeeding Year 2010-11 is $3,200; 4th Succeeding Year 2011-12 is $3,300; 5th Succeeding Year 2012-13 is $3,400; (4) 2006-07 Program--$N/A; 2005-06 Program--$N/A; 2004-05 Program--$N/A; (7) General Government Operations; (8) recommends adoption.
Annex A
TITLE 58. RECREATION
PART II. FISH AND BOAT COMMISSION
Subpart B. FISHING
CHAPTER 63. GENERAL FISHING REGULATIONS (Editor's Note: The following section is new. It has been printed in regular type to enhance readability.)
§ 63.49. Reporting by dealers of American eels.
Dealers of American eels shall report to the Commission the amount of American eels that they buy and sell.
(1) Reports shall be provided on forms prescribed by the Commission on a quarterly basis or as otherwise established by the Commission. Data to be reported includes the following:
(i) The date of purchase or sale.
(ii) The origin or destination of eels, pounds or number purchased or sold by life stage (glass eel, elvers, yellow eel, silver eel).
(iii) The purpose of purchase or sale (bait, food, and the like).
(iv) The amount exported.
(v) Other information the Commission requires.
(2) Dealers shall present these reports upon the request of an officer authorized to enforce the code. Dealers shall allow officers authorized to enforce the code unrestricted access to the dealer's place of business during normal business hours to inspect the reports.
[Pa.B. Doc. No. 07-840. Filed for public inspection May 11, 2007, 9:00 a.m.]
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