RULES AND REGULATIONS
Title 58--RECREATION
FISH AND BOAT COMMISSION
[58 PA. CODE CHS. 53 AND 63]
General Provisions; Fishing
[35 Pa.B. 5006] The Fish and Boat Commission (Commission) has amended Chapters 53 and 63 (relating to Fish and Boat Commission property; and general fishing regulations). The Commission is publishing this final-form rulemaking under the authority of 30 Pa.C.S. (relating to the Fish and Boat Code) (code). The final-form rulemaking relates to eliminating the requirement that tournaments, as a condition for culling, establish a daily limit of one fish less than the Statewide creel limit.
A. Effective Date
The final-form rulemaking will go into effect upon publication in the Pennsylvania Bulletin, not on January 1, 2006, as set forth in the notice of proposed rulemaking.
B. Contact Person
For further information on the final-form rulemaking, contact Laurie E. Shepler, Chief Counsel, P. O. Box 67000, Harrisburg, PA 17106-7000, (717) 705-7815. This final-form rulemaking is available on the Commission's website at www.fish.state.pa.us.
C. Statutory Authority
The amendments to §§ 53.24 and 63.40 (relating to tournament and fishing derby permits; and fishing tournaments and fishing derbies) are published under the statutory authority of sections 322 and 2102 of the code (relating to rules and regulations).
D. Purpose and Background
The final-form rulemaking is designed to improve and update the Commission's regulations. The specific purpose of the amendments is described in more detail under the summary of changes.
E. Summary of Changes
As an outgrowth of recent discussions with tournament anglers and sponsors, there was interest in amending the Commission's current regulations dealing with culling. Accordingly, the Commission has eliminated the requirement that tournament rules establish a daily limit of at least one fish less than the Statewide creel limit. This amendment will not have a negative fisheries impact, and the Commission's Bureau of Law Enforcement does not anticipate any problems. The Commission amended §§ 53.24 and 63.40 to read as set forth in the notice of proposed rulemaking.
As part of the proposed rulemaking package, the Commission also proposed amendments to §§ 51.32, 51.33, 51.35, 63.20 and 65.13. The Commission has not yet considered these proposed amendments on final-form rulemaking.
F. Paperwork
The final-form rulemaking will not increase paperwork and will create no new paperwork requirements.
G. Fiscal Impact
The final-form rulemaking will have no adverse fiscal impact on the Commonwealth or its political subdivisions. The final-form rulemaking will impose no new costs on the private sector or the general public.
H. Public Involvement
Notice of proposed rulemaking was published at 35 Pa.B. 3419 (June 18, 2005). The Commission did not receive any public comments regarding the proposed amendments to §§ 53.24 and 63.40.
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) and the regulations promulgated thereunder, 1 Pa. Code §§ 7.1 and 7.2.
(2) A public comment period was provided, and no 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 Chapters 53 and 63, are amended by amending §§ 53.24 and 63.40 to read as set forth at 35 Pa.B. 3419.
(Editor's Note: The proposal to amend §§ 51.32, 51.33, 51.35, 63.20 and 65.13, included in the proposal at 35 Pa.B. 3419, has been postponed by the Commission.)
(b) The Executive Director will submit this order and 35 Pa.B. 3419 to the Office of Attorney General for approval as to legality as required by law.
(c) The Executive Director shall certify this order and 35 Pa.B. 3419 and deposit them with the Legislative Reference Bureau as required by law.
(d) This order shall take effect immediately upon publication in the Pennsylvania Bulletin.
DOUGLAS J. AUSTEN, Ph.D.,
Executive DirectorFiscal Note: Fiscal Note 48A-171 remains valid for the final adoption of the subject regulations.
[Pa.B. Doc. No. 05-1672. Filed for public inspection September 9, 2005, 9:00 a.m.]
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