PROPOSED RULEMAKINGS
[ 58 PA. CODE CH. 63 ]
Fishing; General Fishing Regulations
[43 Pa.B. 3235]
[Saturday, June 15, 2013]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 Fish and Boat Code) (code). The proposed amendments modify and update the Commission's fishing regulations.
A. Effective Date
The proposed rulemaking, if approved on final-form rulemaking, will go into effect upon final-form publication 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 amendment to § 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). Proposed § 63.56 (relating to replacement costs for fish killed) is published under the statutory authority of section 923(c.1) of the code (relating to classification of offenses and penalties).
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 proposals.
E. Summary of Proposals
At its July 2007 meeting, the Commission approved a 14-inch minimum size limit on tautog (Tautoga onitis) imported into this Commonwealth. Tautog is a marine fish common on hard bottom from Cape Cod, Massachusetts to Delaware. The Commission promulgated the regulation in 2007 because tautog were being harvested illegally on the Atlantic Coast and being sold in the live fish markets in Philadelphia. The New Jersey Division of Fish and Wildlife asked the Commission to implement a 14-inch minimum size limit on tautog that are imported into the Commonwealth to address the black market sale of sublegal fish.
Recently, the New Jersey Division of Fish and Wildlife raised its size limit to 15 inches. Accordingly, that New Jersey Division of Fish and Wildlife requested that the Commission raise its importation size limit to 15 inches. Coastwide, commercial and recreational size limits are currently either 15 or 16 inches. By raising the Commission's importation size limit to 15 inches rather than 16 inches, the Commission maintains consistency with New Jersey, its closest neighbor to the Atlantic Ocean. A size limit of 16 inches would render it illegal for tautog legally caught in New Jersey with a 15-inch size limit to be imported to the Commonwealth. The Commission therefore proposes that § 63.50 be amended to read as set forth in Annex A.
The act of October 24, 2012 (P. L. 1323, No. 167) amended section 923 of the code to add subsection (c.1). This subsection provides that in addition to other penalties in section 923 of the code, a person convicted of or acknowledging guilt of violating section 2109 or 2110 of the code (relating to serious unlawful take; and taking or possessing by illegal methods) will be assessed the costs incurred by the Commission for the replacement of the species involved in the violation in an amount determined by Commission regulation consistent with the values established by the American Fisheries Society (AFS) or other recognized professional fisheries organization. Replacement costs may only be assessed for violations relating to Federally listed threatened or endangered species and other species of fish designated by the Commission.
When determining the replacement costs for game fish, the Commission consulted guidelines established by AFS, specifically, Southwick, R. I. and A. J. Loftus, ed. (2003). ''Investigation and monetary values of fish and freshwater mussel kills.'' American Fisheries Society Special Publication 30. The Commission updated AFS's 2003 values to 2012 values using the United States Department of Labor, Bureau of Labor Statistics CPI Inflation Calculator at http://www.bls.gov/data/inflation_calculator.htm. Costs were averaged for the various size groups. The Commission has been relying on AFS values for establishing replacement costs in pollution cases for over 20 years.
AFS has not established values for herptiles and, to the Commission's knowledge, no other recognized professional fisheries organization has done so. However, it is standard practice for state resource agencies, including the Commission, to look to the commercial market when determining replacement costs for reptiles and amphibians in pollution and poaching cases. The Commission last updated its list of commercial values for herptiles in 2010 and therefore relied on those market values when establishing their replacement costs. Specifically, the median cost of each species from commercial vendors was identified on the Internet using values for adults to simplify the process. The herptiles selected represent the animals that are most targeted in poaching cases and that have relatively high commercial values. The Commission has been relying on commercial values to establish replacement costs for reptiles and amphibians for the last 15 years.
With regard to Federally listed species, the Commission determined that the bog turtle is the species most targeted in poaching cases. Its replacement cost was determined in the same manner as the other herptiles, that is, by determining its commercial value on the Internet.
The Commission proposes that § 63.56 be added 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. New costs to the private sector or the public are the result of section 923(c.1) of the code, which imposes the additional penalties for fish killed in violation of sections 2109 and 2110 of the code.
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 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.
JOHN A. ARWAY,
Executive DirectorFiscal Note: 48A-244. 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] 15 inches in length.
(Editor's Note: The following section is new and printed in regular type to enhance readability.)
§ 63.56. Replacement costs for fish killed.
(a) Under section 923(c.1) of the code (relating to classification of offenses and penalties), the Commission established the following replacement costs in 2012 dollars for fish killed in violation of sections 2109 and 2110 of the code (relating to serious unlawful take; and taking or possessing by illegal methods):
(1) Game fish.
(i) Trout, 14 to 20 inches, $14.
(ii) Trout, 21 to 30 inches, $53.
(iii) Trout, greater than 30 inches, $106.
(iv) Black bass (largemouth, smallmouth and spotted), 15 to 21 inches, $19.
(v) Black bass (largemouth, smallmouth and spotted), greater than 21 inches, $36.
(vi) Striped bass and hybrids, 15 to 27 inches, $78.
(vii) Striped bass and hybrids, 28 to 39 inches, $360.
(viii) Striped bass and hybrids, greater than 39 inches, $693.
(ix) Walleye/Sauger, 15 to 18 inches, $17.
(x) Walleye/Sauger, 19 to 23 inches, $48.
(xi) Walleye/Sauger, 24 to 28 inches, $74.
(xii) Walleye/Sauger, greater than 28 inches, $149.
(xiii) Northern pike, 24 to 28 inches, $71.
(xiv) Northern pike, greater than 28 inches, $143.
(xv) Muskellunge and hybrids, 30 to 40 inches, $188.
(xvi) Muskellunge and hybrids, 41 to 50 inches, $442.
(xvii) Muskellunge and hybrids, greater than 50 inches, $693.
(2) Reptiles and amphibians.
(i) Wood turtle, $300.
(ii) Spotted turtle, $225.
(iii) Eastern box turtle, $80.
(iv) Snapping turtle, $160.
(v) Timber rattlesnake, $188.
(vi) Copperhead, $40.
(vii) Spotted salamander, $30.
(viii) Marble salamander, $30.
(ix) Northern spring salamander, $51.
(x) Blanding's turtle, $275.
(xi) Eastern spiny softshell, $40.
(xii) Eastern hognose snake, $88.
(3) Federally listed threatened and endangered species.
Bog turtle, $1,200.
(b) The replacement costs in subsection (a) will be adjusted annually for inflation in accordance with the Consumer Price Index.
[Pa.B. Doc. No. 13-1078. Filed for public inspection June 14, 2013, 9:00 a.m.]
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