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PA Bulletin, Doc. No. 99-406

PROPOSED RULEMAKING

FISH AND BOAT COMMISSION

[58 PA. CODE CH. 63]

Importation and Transportation of Horseshoe Crabs

[29 Pa.B. 1397]

   The Fish and Boat Commission (Commission) proposes to add § 63.31 (relating to importation and transportation of horseshoe crabs). The Commission is publishing this addition as a notice of proposed rulemaking under the authority of 30 Pa.C.S. (relating to Fish and Boat Code) (code). The proposal relates to the importation and transportation of horseshoe crabs.

A.  Effective Date

   The proposal, if approved on final rulemaking, will go into effect upon publication of an order adopting the amendments in the Pennsylvania Bulletin.

B.  Contact Person

   For further information on the proposal, contact Laurie E. Shepler, Assistant Counsel, (717) 657-4546, P. O. Box 67000, Harrisburg, PA 17106-7000. This proposal is available electronically through the Commission's Web site (http://www.fish.state.pa.us).

C.  Statutory Authority

   The proposal is published under the statutory authority of section 2102(c) of the code.

D.  Purpose and Background

   The proposal is designed to update, modify and improve Commission regulations relating to the importation and transportation of fish. The specific purpose is described in more detail under the summary of proposal.

E.  Summary of Proposal

   Late in 1998, the Commission's Law Enforcement and Fisheries staff became aware of issues related to landing in Commonwealth ports of horseshoe crabs taken from ocean waters. These animals are protected in New Jersey and Delaware, and the Atlantic States Marine Fisheries Commission is working on efforts to provide coastal wide protections.

   The immediate issue late last year was resolved when Delaware was able to take action to prevent the transportation of these fish through Delaware waters. However, there is still a need for the Commission to take some action (similar to that the Commission took with respect to weakfish) to close any possible loopholes permitting landing of these fish in this Commonwealth.

F.  Paperwork

   The proposal will not increase paperwork and will create no new paperwork requirements.

G.  Fiscal Impact

   The proposal will have no adverse fiscal impact on the Commonwealth or its political subdivisions. The proposed regulation will impose no new costs on the private sector or the general public, except on those individuals who will now have to land horseshoe crabs in ports located in states other than this Commonwealth.

H.  Public Comments

   Interested persons are invited to submit written comments, objections or suggestions about the proposed regulation 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 at ''regulations@fish.state.pa.us.'' A subject heading of the proposal and a return name and address must be included in each transmission. If an acknowledgment of electronic comments is not received by the sender within 2 working days, the comments should be retransmitted to ensure receipt.

PETER A. COLANGELO,   
Executive Director

   Fiscal Note:  48A-94. 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

§ 63.31.  Importation and transportation of horseshoe crabs.

   It is unlawful for a person to import into or transport in this Commonwealth horseshoe crabs for the purpose of sale at wholesale or retail. It is unlawful to sell, offer for sale or purchase any horseshoe crabs.

[Pa.B. Doc. No. 99-406. Filed for public inspection March 12, 1999, 9:00 a.m.]


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