PROPOSED RULEMAKING
[58 PA. CODE CHS. 51, 91 AND 93]
Issuing Agents; Boating Safety Education Certificates
[32 Pa.B. 4726] The Fish and Boat Commission (Commission) proposes to amend Chapters 51, 91 and 93 (relating to administrative provisions; general provisions; and boat registration and numbering). The Commission is publishing the amendments as a notice of proposed rulemaking under the authority of 30 Pa.C.S. (relating to the Fish and Boat Code) (code). The proposed amendments relate to issuing agents and Boating Safety Education Certificates.
A. Effective Date
The proposed rulemaking, 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 proposed rulemaking, contact Laurie E. Shepler, Assistant Counsel, P. O. Box 67000, Harrisburg, PA 17106-7000, (717) 705-7815. The proposed rulemaking is available electronically through the Commission's website (http://www.fish.state.pa.us).
C. Statutory Authority
Proposed § 51.10 (relating to representation as issuing agent) is published under the statutory authority of sections 2711(c) and 5304(d.1) of the code (relating to issuing agents; and issuing agents). The proposed amendment to § 51.35 (relating to operation of issuing agency) is published under the statutory authority of section 2711 of the code. The proposed amendment to § 91.6 (relating to Boating Safety Education Certificates) is published under the statutory authority of section 5123 of the code (relating to general boating regulations). The proposed amendment to § 93.13 (relating to issuing agents) is published under the statutory authority of section 5304(d.1) of the code.
D. Purpose and Background
The proposed rulemaking is designed to update, modify and improve the Commission's regulations pertaining to issuing agents and Boating Safety Education Certificates. The specific purpose of the proposed rulemaking is described in more detail under the summary of proposal.
E. Summary of Proposal
(1) Sections 51.10 and 93.13. Several regions of the Commission's Bureau of Law Enforcement have reported that there have been problems with issuing agents for temporary boat registrations and notaries who are not Commission agents giving the public the impression that they have the ability to renew boat registrations. Accordingly, the Commission proposes that these sections be amended to read as set forth in Annex A.
(2) Section 51.35. Section 2711 of the code provides that the Commission may establish administrative fees for fishing license issuing agents. This section further provides that county treasurers and issuing agents active on or before January 1, 2000, shall be exempt from payment of any administrative fee established by the Commission. Accordingly, the Commission proposes to amend its regulations to require new fishing license issuing agents to pay a one-time, nonrefundable fee of $100 to help offset the Commission's costs. Last year, the Commission adopted a similar amendment requiring new issuing agents for temporary boat registrations to pay a one-time, nonrefundable fee of $100. The Commission proposes to amend § 51.35 to read as set forth in Annex A.
(3) Section 91.6. One of the Commission's waterways conservation officers recently reported that he encountered an individual who was in possession of a Boating Safety Education Certificate that belonged to another person. This individual had not taken any boating courses and had borrowed his cousin's certificate while operating a personal watercraft. The officer recognized the personal watercraft and the name on the certificate as someone he had cited a week earlier. The Commission suspects that this occurrence was not an isolated one.
Section 2705 of the code (relating to improper license use and false application) provides that a person may not alter, borrow, lend or transfer any license authorized under the code or give any false or misleading information to an issuing agent or to the Commission, its officers or agents in an application for a license. However, this section speaks in terms of licenses and does not extend to Boating Safety Education Certificates. Accordingly, the Commission proposes the amendment set forth in Annex A to address this loophole.
F. Paperwork
The proposed rulemaking will not increase paperwork and will create no new paperwork requirements.
G. Fiscal Impact
The proposed rulemaking will have no adverse fiscal impact on the Commonwealth or its political subdivisions. As previously described, the proposed amendment to § 51.35 will impose a one-time, nonrefundable fee of $100 on new issuing agents only. The Commission anticipates that it will receive applications from approximately 30 new issuing agents each year. The proposed rulemaking will impose no new costs on the general public.
H. Public Comments
Interested persons are invited to submit written comments, objections or suggestions about the 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 to ra-pfbcregs@state.pa.us. A subject heading of the proposal and a return name and address must be included in each transmission. In addition, all electronic comments must be contained in the text of the transmission, not in an attachment. 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 DirectorFiscal Note: 48A-132. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 58. RECREATION
PART II. FISH AND BOAT COMMISSION
Subpart A. GENERAL PROVISIONS
CHAPTER 51. ADMINISTRATIVE PROVISIONS
Subchapter A. PRELIMINARY PROVISIONS § 51.10. Representation as issuing agent.
It is unlawful for persons to perform the functions of or to represent themselves as fishing license issuing agents or issuing agents for temporary boat registrations without being appointed or designated as such by the Commission.
Subchapter D. ISSUING AGENTS § 51.35. Operation of the issuing agency.
(a) A person, sole proprietorship, partnership or corporation may apply to become an issuing agent of the Commission for the purpose of selling fishing licenses. [The Commission will not consider an application unless it is accompanied by a bond in favor of the Commission in a minimum amount specified by the Commission.] An applicant seeking to become an issuing agent shall complete and submit to the Commission an application on the form prescribed by the Commission and shall pay a one-time, nonrefundable fee of $100. Applications shall be accompanied by a bond in favor of the Commission in a minimum amount specified by the Executive Director or designee.
* * * * *
Subpart C. BOATING
CHAPTER 91. GENERAL PROVISIONS § 91.6. Boating Safety Education Certificates.
* * * * * (f) A person may not alter, borrow, lend or transfer a Boating Safety Education Certificate or give false or misleading information to the Commission, its officers or agents when applying for a Boating Safety Education Certificate.
CHAPTER 93. BOAT REGISTRATION AND NUMBERING
Subchapter A. REGISTRATION OF BOATS § 93.13. Issuing agents.
* * * * * (o) Renewal of boat registrations. It is unlawful for a person, other than the Commission, Commission offices and on-line messenger services approved by the Department of Transportation, to issue renewals for boat registrations or collect the applicable fees.
[Pa.B. Doc. No. 02-1680. Filed for public inspection September 27, 2002, 9:00 a.m.]
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