RULES AND REGULATIONS
Title 58—RECREATION
FISH AND BOAT COMMISSION
[ 58 PA. CODE CH. 65 ]
Fishing; Special Fishing Regulations
[53 Pa.B. 7597]
[Saturday, December 9, 2023]The Fish and Boat Commission (Commission) amends Chapter 65 (relating to special 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). This amendment will update and further clarify language in § 65.26 (relating to extended trout season) and specifically applies to subsection (b).
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 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 to § 65.26 is published under the statutory authority of sections 2102 and 2307 of the code (relating to rules and regulations; and waters limited to specific purposes).
D. Purpose and Background
The specific purpose and background of this amendment are described in more detail under the summary of changes.
E. Summary of Changes
During a comprehensive review of permits associated with the Commission's Bureau of Fisheries programs and regulations, Commission staff identified an opportunity to update and further clarify language in § 65.26; specifically the amendments that apply to subsection (b). The intent is to align the permit for the application of extended season trout regulations to waters that are not stocked trout waters and the beginning of the extended closure period (third Monday in February), and to place the application review responsibility more appropriately on the Bureau of Fisheries, which is directly responsible for consideration. As the section is currently written, permits are valid into the extended season closure period, which is inconsistent with current seasons, sizes and creel limits applied to waters included in the Commission's Stocked Trout Waters Program.
Section 65.26 is amended to read as set forth in Annex A.
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 53 Pa.B. 5504 (September 2, 2023). The Commission received one comment in support of the proposal.
Findings
The Commission finds that:
(1) Public notice of intention to adopt the amendment 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 one public comment was received supporting the proposal.
(3) The adoption of the amendment 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 65, are amended by amending § 65.26 to read as set forth in Annex A.
(B) The Executive Director will submit this order and Annex A 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 Annex A 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 DirectorFiscal Note: Fiscal Note 48A-351 remains valid for the final adoption of the subject regulation.
Annex A
TITLE 58. RECREATION
PART II. FISH AND BOAT COMMISSION
Subpart B. FISHING
CHAPTER 65. SPECIAL FISHING REGULATIONS § 65.26. Extended trout season.
* * * * * (b) Waters not stocked trout waters. The Executive Director or designee may grant a permit to apply extended trout season regulations to waters that are not stocked trout waters upon written application of the owner or lessee of the lands on which the waters are located. Applications shall be made on forms provided by the Commission. Applications will be reviewed to ensure that applying extended trout season regulations to the waters in question is consistent with the best appropriate fisheries management of the waters in question, and to ensure that approval of the application will have no adverse effect on the preservation and expansion of public fishing opportunities within this Commonwealth. Approval or disapproval of applications shall be subject to review under Chapter 51, Subchapter E (relating to permit procedures). Permits for extended trout season on waters other than stocked trout waters will be valid until the last day of the extended trout season of the 6th year after the year in which they are issued.
[Pa.B. Doc. No. 23-1686. Filed for public inspection December 8, 2023, 9:00 a.m.]
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