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PA Bulletin, Doc. No. 07-1652

RULES AND REGULATIONS

FISH AND BOAT COMMISSION

[58 PA. CODE CH. 65]

Fishing; Special Fishing Regulations

[37 Pa.B. 4870]
[Saturday, September 8, 2007]

   The Fish and Boat Commission (Commission) amends Chapter 65 (relating to special 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).

A.  Effective Date

   The final-form rulemaking will go into effect on January 1, 2008.

B.  Contact Person

   For further information on the final-form rulemaking, contact Jason E. Oyler, 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 amendment to § 65.24 (relating to miscellaneous special regulations) is published under the statutory authority of section 2307 of the code (relating to waters limited to specific purposes).

D.  Purpose and Background

   The final-form rulemaking is designed to improve, enhance and update the Commission's fishing regulations. The specific purpose of the amendment is described in more detail under the summary of change.

E.  Summary of Change

   Sugar Lake is a 90-acre natural lake in southeastern Crawford County. A miscellaneous special regulation has been in place on this lake that provides for a 36-inch minimum size limit and 1 per day creel limit on muskellunge. The Commission recently amended Chapter 61 (relating to seasons, sizes and creel limits) to implement a 40-inch minimum size and 1 per day creel limit for muskellunge Statewide. The Commission therefore proposed that Sugar Lake be removed from management under the miscellaneous special regulations and be managed under the new Statewide regulation for muskellunge. The Commission adopted the proposed amendment as set forth in the proposed rulemaking.

F.  Paperwork

   The final-form rulemaking will not increase paperwork and will not create 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 proposed rulemaking was published at 37 Pa.B. 1220 (March 17, 2007). The Commission did not receive 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 public 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 65, are amended by amending § 65.24 to read as set forth at 37 Pa.B. 1220.

   (b)  The Executive Director will submit this order and 37 Pa.B. 1220 to the Office of Attorney General for approval as to legality as required by law.

   (c)  The Executive Director shall certify this order and 37 Pa.B. 1220 and deposit them with the Legislative Reference Bureau as required by law.

   (d)  This order shall take effect on January 1, 2008.

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

   Fiscal Note: Fiscal Note 48A-190 remains valid for the final adoption of the subject regulation.

[Pa.B. Doc. No. 07-1652. Filed for public inspection September 7, 2007, 9:00 a.m.]


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