Pennsylvania Code
Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

• No statutes or acts will be found at this website.

The Pennsylvania Bulletin website includes the following: Rulemakings by State agencies; Proposed Rulemakings by State agencies; State agency notices; the Governor’s Proclamations and Executive Orders; Actions by the General Assembly; and Statewide and local court rules.

PA Bulletin, Doc. No. 10-1997

RULES AND REGULATIONS

Title 58—RECREATION

FISH AND BOAT COMMISSION

[ 58 PA. CODE CH. 69 ]

Fishing

[40 Pa.B. 6082]
[Saturday, October 23, 2010]

 The Fish and Boat Commission (Commission) amends Chapter 69 (relating to fishing in Lake Erie and boundary lakes). 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, 2011.

B. Contact Person

 For further information on the final-form rulemaking, contact Laurie E. Shepler, Esq., P. O. Box 67000, Harrisburg, PA 17106-7000, (717) 705-7810. This final-form rulemaking is available on the Commission's web site at www.fish.state.pa.us.

C. Statutory Authority

 The amendment to § 69.31 (relating to seasons) 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 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

 The harvest of Lake Erie walleye and yellow perch is managed through a quota management system. Each Lake Erie jurisdiction on the Lake Erie Committee (the Commonwealth, Ohio, Michigan, New York and Ontario) is allocated a portion of a total lake-wide annual quota, based on the surface area of each jurisdictional water. Jurisdictional Total Allowable Catch (TAC) is the maximum harvest allowed by sport and commercial sources in individual jurisdictional waters.

 The Commission's Lake Erie Research Unit generates an internally derived commercial TAC for this Commonwealth's yellow perch and walleye trap net fisheries. The Commission's current regulations provide that the commercial trap net TAC for this Commonwealth will be published annually in the Pennsylvania Bulletin by March 1. This date poses two problems: (1) the most recent year's fishery data is still being finalized at that time; and (2) this date precedes announcement of the Lake Erie Committee TAC, which sets the TAC (sport and commercial) permissible in Commonwealth waters. Extending the announcement of the walleye and yellow perch TAC for this Commonwealth until April 15 will allow the Commission's Lake Erie management biologists additional time to review and integrate contemporary fishing data into the Commonwealth's TAC calculations and provide time for the formal announcement of Lake Erie Committee TAC. This also will ensure that the Commonwealth's trap net harvest limits are aligned with Lake-wide harvest strategies. The Commission has amended § 69.31 to read as set forth in the proposed rulemaking published at 40 Pa.B. 1530 (March 20, 2010).

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 not have adverse fiscal impact on the Commonwealth or its political subdivisions. The final-form rulemaking will not impose new costs on the private sector or the general public.

H. Public Involvement

 The proposed rulemaking was published at 40 Pa.B. 1530. 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 69, are amended by amending § 69.31 to read as set forth at 40 Pa.B. 1530.

 (b) The Executive Director will submit this order and 40 Pa.B. 1530 to the Office of Attorney General for approval as to legality and form as required by law.

 (c) The Executive Director shall certify this order and 40 Pa.B. 1530 and deposit them with the Legislative Reference Bureau as required by law.

 (d) This order shall take effect immediately upon publication in the Pennsylvania Bulletin.

JOHN A. ARWAY, 
Executive Director

 Fiscal Note: Fiscal Note 48A-218 remains valid for the final adoption of the subject regulation.

[Pa.B. Doc. No. 10-1997. Filed for public inspection October 22, 2010, 9:00 a.m.]


No part of the information on this site may be reproduced for profit or sold for profit.

This material has been drawn directly from the official Pennsylvania Bulletin full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.