PROPOSED RULEMAKING
[ 58 PA. CODE CH. 51 ]
General Provisions; Administrative Provisions
[41 Pa.B. 2977]
[Saturday, June 11, 2011]The Fish and Boat Commission proposes to amend Chapter 51 (relating to administrative provisions). The Commission is publishing this proposed rulemaking under the authority of 30 Pa.C.S. (relating to the Fish and Boat Code). The proposed amendments modify and update the Commission's regulations pertaining to public comments at meetings.
A. Effective Date
The proposed rulemaking, if approved on final-form, will go into effect upon publication of an order in the Pennsylvania Bulletin.
B. Contact Person
For further information on the proposed rulemaking, contact Wayne Melnick, Esq., P. O. Box 67000, Harrisburg, PA 17106-7000, (717) 705-7810. This proposed rulemaking is available on the Commission's web site at www.fish.state.pa.us.
C. Statutory Authority
The proposed amendments to § 51.7 (relating to public comments at Commission meetings) are published under the statutory authority of 65 Pa.C.S. § 710 (relating to rules and regulations for conduct of meetings) and section 506 of The Administrative Code of 1929 (71 P. S. § 186).
D. Purpose and Background
The proposed rulemaking is designed to improve, enhance and update the Commission's administrative regulations. The specific purpose of the proposed amendments is described in more detail under the summary of proposal.
E. Summary of Proposal
In 1994, the Commission adopted its current regulation pertaining to public comments at Commission meetings. Since that time, the way in which the Commission and its committees have handled public comments has changed and the present regulation does not reflect current Commissioner thinking or practice. The Commission has always valued public input. Therefore, it is logical that the Commission and its committees follow a uniform method for soliciting and receiving public comments at meetings. It also is logical that the Board and committees receive and consider public comments prior to deliberating and voting. The Commission therefore proposes that § 51.7 be amended to read as set forth in Annex A.
F. Paperwork
The proposed rulemaking will not increase paperwork and will not create new paperwork requirements.
G. Fiscal Impact
The proposed rulemaking will not have adverse fiscal impact on the Commonwealth or its political subdivisions. The proposed rulemaking will not impose 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 com- pleting 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.
JOHN A. ARWAY,
Executive DirectorFiscal Note: 48A-227. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 58. RECREATION
PART II. FISH AND BOAT COMMISSION
Subpart A. GENERAL PROVISIONS
CHAPTER 51. ADMINISTRATIVE PROVISIONS
Subchapter A. PRELIMINARY PROVISIONS § 51.7. Public comments at Commission meetings.
(a) Public comments at meetings of the full Board.
(1) General rules. The Commission [may] will provide a brief public comment period [of no more than 15 minutes duration] at the [conclusion] beginning of each public meeting. The Commission ordinarily will accept public comments following its committee reports and prior to its consideration of the formal agenda. The Commission may limit comments to matters that are [related to fishing, boating and other matters] within the Commission's jurisdiction that are not repetitive or duplicative of other comments. [Individual comments during the public comment period may not exceed 3 minutes in duration.] The Commission president or presiding officer will request members of the public wishing to comment to indicate prior to the start of the meeting that they wish to provide public comment. The Commission president or presiding officer will determine the appropriate time limit for individual comments and announce that limit prior to receiving any comments. If members of the public prepare a written statement, they will be asked to provide a copy to the designated staff person. Members of the public representing a specific organization will be requested to designate one spokesperson to present their collective comments.
[(b)] (2) Consideration of agenda items. The Commission ordinarily [does] will not permit public comments during the course of its meetings when it considers agenda items or other matters before the Commission. The Commission president or other presiding officer may invite brief public comments on items other than regulatory actions when he determines that allowing the comments will be useful in the best interests of the Commission. [Since regulatory actions ordinarily involve the opportunity for public comment, the Commission will not accept public comments on them during public meetings except in cases when the president or other presiding officer finds either that the regulations are being considered for approval without a formal public comment period or that extraordinary circumstances justify receipt of additional public comments.]
(b) Public comments at committee meetings. The committee chair will provide a brief public comment period at the beginning of each committee meeting. The committee chair will determine an appropriate format for this period, including its length. The Committee chair may limit comments to matters that are related to the charge of the committee that are not repetitive or duplicative of other comments.
[Pa.B. Doc. No. 11-967. Filed for public inspection June 10, 2011, 9:00 a.m.]
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