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PA Bulletin, Doc. No. 22-1421

RULES AND REGULATIONS

Title 58—RECREATION

FISH AND BOAT COMMISSION

[58 PA. CODE CH. 63]

Fishing; General Fishing Regulations

[52 Pa.B. 5948]
[Saturday, September 17, 2022]

 The Fish and Boat Commission (Commission) amends Chapter 63 (relating to general fishing regulations). The Commission is publishing this final-form rulemaking under the authority of 30 Pa.C.S. (relating to Fish and Boat Code) (code). The amendment updates the Commission's regulations pertaining to allowable fishing devices for use in Commonwealth waters.

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.fishandboat.com.

C. Statutory Authority

 The amendment to § 63.9 (relating to snatch fishing, foul hooking and snag fishing) is published under the statutory authority of section 2102(a) of the code (relating to rules and regulations).

D. Purpose and Background

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

E. Summary of Changes

 Over the last several years, anglers have asked the Commission whether devices such as trout beads are a legal device for use in Commonwealth waters. These devices consist of a small bead that sits several inches above the hook and generally hook a fish on the outside of the mouth. Under the current regulations, any fish not hooked inside the mouth must be released unharmed to the waters it was taken from.

 Commission staff from the Bureaus of Law Enforcement and Fisheries have conferred and support a clarification of the regulations which would permit these devices.

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.

H. Public Comments

 A notice of proposed rulemaking was published at 52 Pa.B. 3322 (June 11, 2022). The Commission received a total of two public comments regarding the proposal: one supports the proposal and one opposes the proposal.

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), referred to as the Commonwealth Documents Law, and the regulations promulgated thereunder, 1 Pa. Code §§ 7.1 and 7.2 (relating to notice of proposed rulemaking required; and adoption of regulations).

 (2) A public comment period was provided, and a total of two comments were received: one supported the proposal and one opposed the proposal.

 (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 Chapter 63, are amended by amending § 63.9 to read as set forth at 52 Pa.B. 3322.

 (B) The Executive Director will submit this order and 52 Pa.B. 3322 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 52 Pa.B. 3322 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-331 remains valid for the final adoption of the subject regulation.

[Pa.B. Doc. No. 22-1421. Filed for public inspection September 16, 2022, 9:00 a.m.]


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