PROPOSED RULEMAKING
FISH AND BOAT COMMISSION
[ 58 PA. CODE CH. 63 ]
Fishing; General Fishing Regulations
[49 Pa.B. 7413]
[Saturday, December 21, 2019]The Fish and Boat Commission (Commission) proposes to amend Chapter 63 (relating to general fishing regulations) to read as set forth in Annex A. 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 update the Commission's display requirements for fishing licenses.
A. Effective Date
This proposed rulemaking, if approved on final-form rulemaking, will go into effect upon publication in the Pennsylvania Bulletin.
B. Contact Person
For further information on this 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.fishandboat.com.
C. Statutory Authority
The proposed amendments to § 63.2 (relating to display of fishing license and verification of license purchase) are published under the statutory authority of section 2703(a) of the code (relating to possession and display of licenses).
D. Purpose and Background
The specific purpose and background of the proposed amendments is described in more detail under the summary of proposal.
E. Summary of Proposal
The Commission is constantly exploring new ways to provide greater convenience for anglers and boaters. In recent years, anglers have remarked that the Commission's requirement to display fishing licenses on an outer garment is antiquated and often inconvenient, particularly when an angler is purchasing a license online on relatively short notice and does not have a license holder. Another common complaint is that due to the display requirement, anglers often lose their license after it becomes unattached somewhere along a stream or on a boat. In these situations, the angler then incurs the added cost of purchasing a duplicate license.
Nationwide, Pennsylvania is one of only three states to still require the display of a fishing license, along with Delaware and New Jersey. In 2012, the Game Commission removed the display requirement for hunting licenses, which has generally been well received by their customers. This change added more confusion for anglers and has led to complaints fielded by waterways conservation officers and regional staff. Removing the display requirement for fishing licenses would provide greater consistency between the two agencies, as many hunters are also anglers. This proposed rulemaking would also help facilitate the eventual purchase and storage of fishing licenses on mobile applications.
In looking at all aspects of removing the display requirement, the most obvious downside is that officers will need to do a field check on every angler since that will be the only way to verify whether or not someone has a license. This practice may lead to more complaints from anglers who get checked multiple times throughout a season; however, this proposed rulemaking would allow anglers to continue displaying their license if they prefer. Additionally, the removal of the display requirement will not change the practice of giving a resident of this Commonwealth 7 days to provide proof of a license purchase when caught without a license in their possession.
A similar rulemaking was approved at the July 2017 Commission meeting. The proposed rulemaking was tabled shortly thereafter due to concerns from the Office of the Attorney General that the measure also allowed the display of licenses using a mobile device, which would require an amendment to 30 Pa.C.S. § 2710 (relating to form and expiration of licenses) removing the requirement for licenses to be signed ''in ink.'' Commission staff are concurrently pursuing legislation to remove this provision so a mobile device may be used in the future. This proposed rulemaking would only remove the display requirement, not authorize display on a mobile device.
The Commission proposes that § 63.2 be amended to read as set forth in Annex A.
F. Paperwork
This proposed rulemaking will not increase paperwork and will not create new paperwork requirements.
G. Fiscal Impact
This proposed rulemaking will have no adverse fiscal impact on the Commonwealth or its political subdivisions.
H. Public Comments
Interested persons are invited to submit written comments, objections or suggestions about this 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 notice 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.
TIMOTHY D. SCHAEFFER,
Executive DirectorFiscal Note: 48A-295. 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 § 63.2. [Display] Possession of fishing license and verification of license purchase.
* * * * * (b) [Display on an outer garment] Possession of fishing license. It is unlawful for a person required by Chapter 27 of the code (relating to fishing licenses) to purchase a fishing license to fish in the waters of this Commonwealth or in boundary waters or land unless the person [displays the] has a valid fishing license certificate and associated permits on his person and shows them upon the request of an officer. A person may elect to display a license certificate, a license button or other device approved by the Executive Director on a hat or outer garment while fishing. [A warning will be issued for a first violation of this section if the person has a valid fishing license in his possession and about his person and shows it upon request.] If a license button or other device is displayed, the person shall carry the license on his person. An institutional license issued under section 2708 of the code (relating to institutional licenses) may be [displayed] possessed or maintained by the person fishing or by the person attending the person who is fishing. [If a license button or other device is displayed instead of the license certificate, the person shall carry the license certificate about his person.]
(c) Fishing without a license in possession.
(1) When a [resident of this Commonwealth] person is apprehended for fishing without a license in his possession and claims that he previously purchased a valid fishing license for that year, the officer apprehending the individual shall give the individual 7 days to produce the original of the license certificate, if the individual provides to the officer's satisfaction, at the time of apprehension, positive proof of identity and a residence address within this Commonwealth. The original license certificate shall show all required permits and a purchase date and time prior to the date and time of apprehension.
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[Pa.B. Doc. No. 19-1893. Filed for public inspection December 20, 2019, 9:00 a.m.]
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