PROPOSED RULEMAKING

[58 PA. CODE CH. 63]

Fishing; Tautog

[37 Pa.B. 2694]
[Saturday, June 16, 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 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 adding § 63.50 (relating to importation of tautog) is published under the statutory authority of section 2102(c) 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

   It has been brought to the attention of the Commission that tautog (Tautoga onitis), a marine fish common on hard bottom from Cape Cod to Delaware, are being harvested illegally on the Atlantic coast and being sold in the live fish markets in Philadelphia. The Commission encountered a similar situation in 1993 regarding the sale of sublegal size weakfish in this Commonwealth's fish markets that was subsequently addressed with a minimum size limit on weakfish being imported into this Commonwealth.

   The New Jersey Division of Fish and Wildlife Marine Conservation Officers asked the Commission to implement a 14-inch minimum size limit on tautog that are imported into this Commonwealth. This restriction will minimize this Commonwealth's black market for sublegal size tautog. Accordingly, the Commission proposes to add § 63.50 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 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 any other manner will not be accepted.

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

   Fiscal Note: 48A-194. No fiscal impact; (8) recommends adoption.

Annex A

TITLE 58. RECREATION

PART II. FISH AND BOAT COMMISSION

Subpart B. FISHING

CHAPTER 63. GENERAL FISHING REGULATIONS

§ 63.50. Importation of tautog.

   It is unlawful for a person to import into this Commonwealth, sell, offer for sale or purchase tautog (Tautoga onitis) measuring less than 14 inches in length.

[Pa.B. Doc. No. 07-1042. Filed for public inspection June 15, 2007, 9:00 a.m.]

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