PROPOSED RULEMAKING

FISH AND BOAT COMMISSION

[ 58 PA. CODE. CH. 51 ]

Administrative Provisions; Resident and Nonresident Fishing Licenses

[43 Pa.B. 5462]
[Saturday, September 14, 2013]

 The Fish and Boat Commission (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) (code). The proposed amendments modify and update the Commission's general regulations pertaining to fishing licenses.

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 § 51.32 (relating to resident and nonresident licenses) is published under the statutory authority of section 2102 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 administrative regulations. The specific purpose of the proposed amendment is described in more detail under the summary of proposal.

E. Summary of Proposal

 Under § 51.32(d), a Senior Resident Lifetime Fishing License becomes invalid when the holder establishes residency in another state. While not as specific as § 51.32(d), § 51.32(a) and (c) have been interpreted to mean that other fishing licenses become invalid upon a change in residency.

 With the advent of multiyear fishing licenses, the Commission anticipates some confusion arising among anglers who purchase a multiyear license, move out-of-State and expect to be able to continue fishing with the multiyear license. The Commission believes that the benefits of providing clarity to anglers and encouraging fishing outweigh revenue to be gained by requiring license holders to purchase a new fishing license after they change their state of residence. License holders will still be required to display their license and possess a positive means of identification as required under section 2703(a) of the code (relating to possession and display of licenses).

 The Commission proposes to amend § 51.32 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. Fiscal impacts to the Commission will be nominal.

 The proposed rulemaking will not impose new costs on the private sector or the general public. It will result in a cost savings to anglers who purchase a resident license and then move out of this Commonwealth prior to the expiration of the license. These anglers will not be required to purchase a nonresident license until their current license expires.

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 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 Director

 Fiscal Note: 48A-250. 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 D. ISSUING AGENTS

§ 51.32. Resident and nonresident licenses.

 (a) Only bona fide residents of this Commonwealth who establish their resident status by producing a Pennsylvania motor vehicle driver's license or other positive means of identification are entitled to obtain one of the various forms of a resident fishing license.

*  *  *  *  *

 (d) [A Senior Resident Lifetime Fishing License is valid only so long as the holder is a bona fide resident of this Commonwealth. A holder of a Senior Resident Lifetime Fishing License who establishes residence in another state and continues to fish in this Commonwealth without purchasing a Nonresident Fishing License may be charged with violating sections 923(c) and 2703 of the code (relating to additional penalty for fishing without license; and possession and display of licenses).] A resident fishing license will remain valid for the year or years for which it is issued regardless of whether the holder is no longer a bona fide resident of this Commonwealth.

[Pa.B. Doc. No. 13-1667. Filed for public inspection September 13, 2013, 9:00 a.m.]

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