RULES AND REGULATIONS

Title 58—RECREATION

FISH AND BOAT COMMISSION

[58 PA. CODE CH. 63]

Fishing; General Fishing Regulations

[53 Pa.B. 4408]
[Saturday, August 5, 2023]

 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 the fees of fishing licenses and permits.

A. Effective Date

 This final-form rulemaking will go into effect on December 1, 2023.

B. Contact Person

 For further information on this final-form rulemaking, contact Renae Kluk Kiehl, 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

 This amendment of § 63.57 (relating to license, permit and issuing agent fees) is published under the statutory authority of section 322.1 of the code (relating to power to set fees).

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

 This Commonwealth's fishing and boating programs are paid for by anglers and boaters through the User Pays, User Benefits Model, primarily from the sale of fishing licenses, permits and boat registrations.

 The Commission has two legislatively-authorized Special Funds, the Fish Fund and the Boat Fund. These Funds receive money mainly from fishing license and permit fees, boat registration fees, fines and penalties, tax refunds of motorboat fuel and Federal funds.

 By far, the largest source of revenue for the Fish Fund is from fishing license and permit fees, and these fees account for more than 67% of Fish Fund revenues.

 Commission staff regularly monitor the status and fiscal health of the Fish Fund to ensure that adequate funds are available to maintain and support programs designed to meet the expectations of anglers and other users of this Commonwealth's aquatic resources.

 An adjustment to the fees for fishing licenses and permits is needed to cope with inflationary pressures, maintain and improve existing programs, and to address and meet anglers and boaters' desires for:

 • Strategic and timely fisheries management to protect, conserve and enhance the aquatic resources of this Commonwealth.

 • Critical infrastructure improvements and maintenance efforts for State fish hatcheries, hazardous dams, boat launch access areas and ramps, and other Commission-owned facilities to improve and maintain fishing opportunities.

 • Upgrades and replacement of equipment, vehicles and watercraft for customer and employee safety and for sustained service delivery.

 • Aquatic resource field and classroom education and angler information programs.

 • Conservation law enforcement.

 • Maintaining operations and offsetting inflationary and supply chain constraint costs.

 If new revenues are not in place for the 2024 license year, the Commission will not be able to maintain adequate levels of services to this Commonwealth's anglers, let alone respond to anglers' desires for expanded efforts in many program areas.

 To maintain adequate funding to sustain these important programs and invest in the future, the Commission is seeking a modest fee increase for all fishing license and permit categories as shown in the following table:

	Fee License
Category	Current	Charge	Proposed
Resident Annual	$23.50	$2.50	$26
Nonresident Annual	$55	$4	$59
Senior Resident Annual	$11.25	$1.25	$12.50
Senior Resident Lifetime	$75	$10	$85
3-Day Tourist	$27.50	$2.50	$30
7-Day Tourist	$35	$2.50	$37.50
1-Day Resident	$11.25	$1.25	$12.50
1-Day Tourist	$27.50	$2.50	$30
Trout Permit	$10.50	$2.50	$13
Trout/Lake Erie Permit	$16.50	$2.50	$19

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. This final-form rulemaking will increase fees for license and permit buyers as outlined in the summary of changes.

H. Public Comments

 A notice of proposed rulemaking was published at 53 Pa.B. 2048 (April 15, 2023). The Commission received eight public comments regarding the proposal: four comments support the proposal, and four comments oppose the proposal. On May 17, 2023, the Commission held a special meeting on this proposal, provided an opportunity for additional public comment and no additional public comments were received.

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 eight comments were received: four supported the proposal and four opposed the proposal. On May 17, 2023, a special meeting was held with an opportunity for public comment, at which no additional 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 Chapter 63, are amended by amending § 63.57 to read as set forth at 53 Pa.B. 2048.

 (B) The Executive Director will submit this order and 53 Pa.B. 2048 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 53 Pa.B. 2048 and deposit them with the Legislative Reference Bureau as required by law.

 (D) This order shall take effect on December 1, 2023.

TIMOTHY D. SCHAEFFER, 
Executive Director

 Fiscal Note: Fiscal Note 48A-343 remains valid for the final adoption of the subject regulation.

[Pa.B. Doc. No. 23-1032. Filed for public inspection August 4, 2023, 9:00 a.m.]

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