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PA Bulletin, Doc. No. 18-1928

RULES AND REGULATIONS

Title 58—RECREATION

FISH AND BOAT COMMISSION

[ 58 PA. CODE CHS. 51 and 93 ]

General Provisions; Boating

[48 Pa.B. 7638]
[Saturday, December 15, 2018]

 The Fish and Boat Commission (Commission) amends Chapters 51 and 93 (relating to administrative provisions; and boat registration and numbering). The Commission is publishing this final-form rulemaking under the authority of 30 Pa.C.S. (relating to Fish and Boat Code) (code). The amendments update the Commission's regulations for issuing agents.

A. Effective Date

 This final-form rulemaking will go into effect upon publication in the Pennsylvania Bulletin.

B. Contact Person

 For further information on this final-form rulemaking, contact Wayne Melnick, 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 § 51.37 (relating to application and prerequisites for becoming an issuing agent for the Pennsylvania Automated Licensing Service (PALS)) is published under the statutory authority of section 2711 of the code (relating to issuing agents). The amendment to § 93.13 (relating to issuing agents) is published under the statutory authority of section 5304 of the code (relating to issuing agents).

D. Purpose and Background

 The specific purpose and background of the amendments is described in more detail under the summary of changes.

E. Summary of Changes

 (1) Strategy 1B of the Commission's Strategic Plan is to ''Increase traditional revenue sources and secure alternative funding to deliver core programs and services to benefit anglers, boaters, and trust species; deliver select discretionary programs and services to benefit all residents of this Commonwealth; and meet mandatory personnel costs.'' This strategy is designed in part to encourage the review and enhancement of existing revenue sources and to investigate and explore the development of alternative funding concepts.

 Declines in traditional revenues, rapidly escalating costs associated with maintaining angler and boater demanded fishing and boating programs, and the lack of an enhancement to the fee structure for fishing licenses and permits necessitates the need to develop and implement several new or alternative funding concepts.

 At its January 2018 meeting, staff presented initial information to the Board of Commissioners (Board) on 46 funding concepts. As part of the presentation, Board members were asked to individually prioritize the concepts and to provide feedback to the Executive Director. As a result, seven staff-proposed concepts were recognized as priorities and one additional concept was added and listed as a priority through the Commissioner review process. It was also acknowledged that the remaining concepts, while not a priority, should be advanced as they are more fully reviewed and developed by staff.

 One of the remaining funding concepts is to evaluate the fee associated with the Commission's required application fee when a person, sole proprietorship, partnership or corporation apply to become a fishing license issuing agent of the Commission. The Executive Director may grant an application when accompanied by a security bond and the required application fee. The current application fee of $150 was established in 2006. In 2017, the Commission processed 23 applications.

 To bring the application fee up to current standards, the Commission proposes that § 51.37 be amended to read as set forth at 48 Pa.B. 5499 (September 1, 2018).

 (2) Another of the remaining funding concepts is to evaluate the fee associated with the Commission's required application fee when a person, sole proprietorship, partnership or corporation apply to become an issuing agent for temporary boat registrations of the Commission. The Executive Director may grant an application when accompanied by a security bond and the required application fee. The current application fee of $100 was established in 2001. In 2017, the Commission processed 32 applications.

 To bring the application fee up to current standards, the Commission therefore amends § 93.13 to read as set forth at 48 Pa.B. 5499.

F. Paperwork

 This final-form rulemaking will not increase paperwork and will not create new paperwork requirements.

G. Fiscal Impact

 This final-form rulemaking will have no adverse fiscal impact on the Commonwealth or its political subdivisions. The amendment to § 51.37 will increase the application fee to become a fishing license issuing agent of the Commission from $150 to $250. The amendment to § 93.13 will increase the application fee to become an issuing agent for temporary boat registrations of the Commission from $100 to $250.

H. Public Involvement

 Notice of proposed rulemaking was published at 48 Pa.B. 5499. The Commission received no public comment.

Findings

 The Commission finds that:

 (1) Public notice of intention to adopt the amendments 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 amendments 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 Chapters 51 and 93 are amended by amending §§ 51.37 and 93.13 to read as set forth at 48 Pa.B. 5499.

 (B) The Executive Director will submit this order and 48 Pa.B. 5499 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 48 Pa.B. 5499 and deposit them with the Legislative Reference Bureau as required by law.

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

TIMOTHY D. SCHAEFFER, 
Executive Director

 Fiscal Note: Fiscal Note 48A-286 remains valid for the final adoption of the subject regulations.

[Pa.B. Doc. No. 18-1928. Filed for public inspection December 14, 2018, 9:00 a.m.]


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