PROPOSED RULEMAKING
FISH AND BOAT COMMISSION
[58 PA. CODE CHS. 51 AND 63]
General Provisions; Fishing
[33 Pa.B. 3126] The Fish and Boat Commission (Commission) proposes to amend Chapters 51 and 63 (relating to administrative provisions; and general fishing regulations). The Commission is publishing this proposed rulemaking under the authority of 30 Pa.C.S. (relating to the Fish and Boat Code) (code).
A. Effective Date
The proposed rulemaking, if approved on final-form 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. This proposed rulemaking is available electronically through the Commission's website (http://www.fish.state.pa.us).
C. Statutory Authority
The proposed amendments to § 51.9 (relating to release of documents and records) are published under the statutory authority of section 8(a) of the Right-to-Know Law (65 P. S. § 66.8(a)) and section 506 of The Administrative Code of 1929 (71 P. S. § 186). The proposed amendments to §§ 51.84 and 63.8 (relating to review of permit applications; and long bows, spears and gigs) are published under the statutory authority of section 2102 of the code (relating to rules and regulations).
D. Purpose and Background
The proposed rulemaking is designed to update, modify and improve the Commission's regulations pertaining to administrative provisions and fishing. The specific purpose of the proposed rulemaking is described in more detail under the summary of proposal.
E. Summary of Proposal
(1) Section 51.9. On December 26, 2002, amendments to the law went into effect. The amended law provides that agencies shall establish written policies and may promulgate regulations necessary to implement the law. The amended law also provides that written policies shall include the name of the office to which requests for access shall be addressed and a list of applicable fees. Although the Commission already has a regulation pertaining to the release of documents and records, the Commission proposes updating this regulation to read as set forth in Annex A.
(2) Section 51.84. A recent review of the Commission's regulations pertaining to permits to draw off impounded waters has revealed that a housekeeping change to this section is needed in that the Commission no longer has an environmental and technical liaison. Accordingly, the Commission proposes to amend this section to read as set forth in Annex A.
(3) Section 63.8. The Commission recently amended its Lake Erie regulations to prohibit spear fishing in or along Lake Erie tributary streams. To be consistent, the Commission proposes to amend this section to read as set forth in Annex A.
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. The proposed rulemaking will impose no new costs on the private sector or the general public with the exception of the proposed amendments to § 51.9, which impose a charge for certified copies of $1 per page up to $5 per document. The impact of this charge will be nominal. All other charges remain unchanged.
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-145. 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 § 51.9. Release of documents and records.
(a) Consistent with the act of June 21, 1957 (P. L. 390, No. 212), as amended by the act of June 29, 2002 (P. L. 663, No. 100) and commonly known as Right-to-Know Law (65 P. S. §§ 66.1--[66.4.] 66.9), and section 324 of the code (relating to Commission records), the Commission will make public records contained in its files available to [citizens of this Commonwealth] requesters for inspection and [examination at reasonable times and will allow requesters to make extracts and copies of the records subject to reasonable restrictions to safeguard the records and reasonable procedures on the time and place for making copies and extracts] duplication during the Commission's regular business hours of 8:00 a.m. to 4 p.m., Monday through Friday (excluding Commonwealth holidays).
(b) Requests for release of public records contained in Commission files shall be made in writing and submitted to: Executive Director, Pennsylvania Fish and Boat Commission, Post Office Box 67000, Harrisburg, Pennsylvania 17106-7000. Written requests for release of public records may be sent by mail or by means of facsimile, or they may be delivered in person during the Commission's regular business hours. The Commission will not accept anonymous, oral or e-mail requests.
(c) If a photocopier or reproduction device under the control of the Commission is used to [copy] duplicate information released under this section, the requester will be charged 25¢ per letter or legal size page for the copies. If the Commission copies oversize pages (in excess of legal size), the charge [shall] will be $1 per page or the actual cost of [reproduction] duplication, whichever is greater. If the Commission copies documents to electronic media (such as, computer diskette), the requester will be charged $1 per document copied (if 1 megabyte or less in size) plus $2 per diskette. For electronic documents of more than 1 megabyte in size, the requester will be charged $3 per document plus $10 or the cost of the media on which the document is stored, whichever is greater. The Commission will charge $1 per page up to $5 per document for certified copies. If the Commission mails copies of documents [copied] duplicated under this section to the requester, the requester will be charged [$2 for handling, plus] the actual cost of postage or shipping. All charges shall be payable [in advance] by check or money order made payable to ''Pennsylvania Fish and Boat Commission.'' The Commission may require a requester to prepay fees if the fees are expected to exceed $100. The Commission may waive copy charges and mailing charges for good cause or in the public interest. When the total copying[, handling] and mailing charges for a request are $10 or less, [collection ordinarily will be waived] the Commission ordinarily will waive collection.
Subchapter I. PERMITS TO DRAW OFF IMPOUNDED WATERS § 51.84. Review of permit applications.
A permit application will be reviewed by the [Fish and Boat Commission Environmental and Technical Liaison] Commission's Division of Environmental Services and by the Department of Environmental Protection, Bureau of Dams and Waterways Management. The [Environmental and Technical Liaison] Division of Environmental Services will issue permits for the Commission.
Subpart B. FISHING
CHAPTER 63. GENERAL FISHING REGULATIONS § 63.8. Long bows, spears and gigs.
(a) General. Except as otherwise provided in this part, carp, gar, suckers and eels may be taken with a long bow, including compound, and arrow; a spear; or gig any hour of the day or night aided by a light at night if so desired,in Commonwealth waters and waters bounding and adjacent thereto[; except that there may be no spearing in the tributaries of Lake Erie from 7 p.m. to 7 a.m. daily].
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[Pa.B. Doc. No. 03-1308. Filed for public inspection July 3, 2003, 9:00 a.m.]
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