PROPOSED RULEMAKING
[ 58 PA. CODE CHS. 53 and 63 ]
Commission Property; General Fishing Regulations
[37 Pa.B. 6417]
[Saturday, December 8, 2007]The Fish and Boat Commission (Commission) proposes to amend Chapters 53 and 63 (relating to Commission property; and 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) 705-7810. This proposed rulemaking is available on the Commission's website at www.fish.state.pa.us.
C. Statutory Authority
The proposed amendment to § 53.24 (relating to tournament and fishing derby permits) is published under the statutory authority of section 741 of the code (relating to control of property). The proposed amendment to § 63.40 (relating to fishing tournaments and fishing derbies) is published under the statutory authority of section 2102(a) 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 regulations pertaining to bass tournaments. The specific purpose of the proposed amendments is described in more detail under the summary of proposal.
E. Summary of Proposal
The Commission is seeking public input on a proposed prohibition on bass fishing tournaments on the West Branch, North Branch and main stem of the Susquehanna River that permit the harvest of fish. This proposal was generated in response to angler concerns about organized events that focus on taking fish, especially at a time when agency biologists and bass fishermen have concerns about the relatively weak reproduction of young smallmouth bass in parts of the river system in recent years. To address this matter, the Commission proposes that §§ 53.24 and 63.40 be amended 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 notice in the Pennsylvania Bulletin. Comments submitted by facsimile will not be accepted.
Comments also may be submitted electronically by completing the form at www.fishandboat.com/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-199. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 58. RECREATION
PART II. FISH AND BOAT COMMISSION
Subpart B. FISHING
CHAPTER 53. COMMISSION PROPERTY § 53.24. Tournament and fishing derby permits.
* * * * * (e) Prohibited acts. It is unlawful to conduct a fishing tournament or fishing derby on Commission owned or controlled property except in compliance with permit conditions. It is unlawful to conduct a tournament or fishing derby on Commission owned or controlled property on the opening day for any species of game fish unless the applicant has made an extraordinary showing that the proposed tournament will not interfere with other fishing and boating activities and the Commission issues a special activity permit containing a specific finding, based upon the applicant's showing, that the permitted activity will not constitute interference. It is unlawful to conduct or participate in a fishing tournament or fishing derby involving the catch or attempted catch of a particular species of fish during the closed season for that species. It is unlawful to conduct a fishing tournament on the North Branch, West Branch or main stem of the Susquehanna River that allows tournament anglers to harvest bass.
* * * * *
CHAPTER 63. GENERAL FISHING REGULATIONS § 63.40. Fishing tournaments and fishing derbies.
* * * * * (d) Prohibited acts. It is unlawful to conduct a fishing tournament or fishing derby on Commonwealth waters except in compliance with permit conditions. It is unlawful to conduct a tournament or fishing derby on Commonwealth waters on the opening day for any species of game fish unless the applicant has made an extraordinary showing that the proposed tournament will not interfere with other fishing and boating activities and the Commission issues a special activity permit containing a specific finding, based upon the applicant's showing, that the permitted activity will not constitute interference. It is unlawful to conduct or participate in a fishing tournament or fishing derby involving the catch or attempted catch of a particular species of fish during the closed season for that species. It is unlawful to conduct a fishing tournament on the North Branch, West Branch or main stem of the Susquehanna River that allows tournament anglers to harvest bass.
[Pa.B. Doc. No. 07-2204. Filed for public inspection December 7, 2007, 9:00 a.m.]
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