RULES AND REGULATIONS
Title 58--RECREATION
FISH AND BOAT COMMISSION
[ 58 PA. CODE CH. 51 ]
General Provisions
[37 Pa.B. 6264]
[Saturday, December 1, 2007]The Fish and Boat Commission (Commission) amends Chapter 51 (relating to administrative provisions). The Commission is publishing this final-form rulemaking under the authority of 30 Pa.C.S. (relating to the Fish and Boat Code) (code).
A. Effective Date
The final-form rulemaking will go into effect on January 1, 2008.
B. Contact Person
For further information on the final-form rulemaking, contact Jason E. Oyler, Esq., P. O. Box 67000, Harrisburg, PA 17106-7000, (717) 705-7810. This final-form rulemaking is available on the Commission's website at www.fish.state.pa.us.
C. Statutory Authority
The amendment to § 51.71 (relating to scientific collectors' permits) is published under the statutory authority of section 2905 of the code (relating to permits for scientific and educational fish collecting activities).
D. Purpose and Background
The final-form rulemaking is designed to improve, enhance and update the Commission's regulations regarding scientific collectors' permits. The specific purpose of the amendments is described in more detail under the summary of changes.
E. Summary of Changes
Under section 2905 of the code, the Executive Director with the Commission's approval may issue permits to catch fish in waters within or bordering on this Commonwealth at any season of the year and with any kind of devices without regard to size or possession limits to a person who possesses a valid Pennsylvania fishing license and is engaged in scientific or educational research or other collecting activities approved by the Commission. This section also authorizes the Commission to promulgate regulations and to establish fees.
In 1985, the Commission adopted § 51.71, which requires a valid and current scientific collector's permit issued by the Commission to collect, take or maintain for scientific or educational purposes any species of Pennsylvania fishes, amphibians, reptiles or aquatic organisms during seasons not permitted by regulations governing holders of a valid Pennsylvania fishing license or other license or permit issued by the Commission (for example, venomous snake permit, organized reptile and amphibian hunt permit). Although this regulation was not promulgated until 1985, the Scientific Collector's Permit Program (SCP Program) was initiated by the Commission in January 1966 and was revised several times over the years. In July 1978, the Commission established various fees for different permit types within the SCP Program through a statement of policy. Three types of permits with associated fees were established, and those fees are the same today: Type 1 permits (Research) are $10, assistants and permit amendments have no fee; Type 2 permits (Government) are free, assistants and permit amendments are free; Type 3 permits (Consulting) are $50, $10 for each assistant and permit amendments are $10.
The Natural Diversity Section within the Commission's Bureau of Fisheries, Division of Environmental Services, administers the SCP Program. The SCP Program has significant staff demands. Administering the program requires staff to review permit applications and process end-of-year permit reports. Reviewing the applications requires a technical review and substantial staff interaction with potential collectors, often resulting in changes to proposed collections. Permit collection reports are filed by staff, and relevant collection information (that is, rare, threatened and endangered species data) is extracted from the reports and submitted to Pennsylvania Natural Heritage Program to be included in the Statewide database for rare species (Pennsylvania Natural Diversity Inventory).
In the past, the Commission issued, on average, approximately 120 scientific collectors' permits annually. However, in the past 5 years, the number of permits reviewed, amended and issued by Commission staff has increased substantially. In 2005, 397 permits were issued; in 2006, 520 permits and amendments were issued. To address increasing SCP Program demands, the Commission has streamlined the permit application process and improved and standardized permit reporting by developing an interactive, Internet-based computer application that will be accessible to the public.
Although the fee structure is included in the statement of policy, it is not currently set forth in § 51.71. The Commission therefore adopted an amendment that includes the fee structure in § 51.71. In addition, the fee structure had not changed in 29 years. Thus, the Commission adopted an amendment that increases the permit fees to help offset inflation and increasing SCP Program costs. The Commission further formalized the long-standing statement of policy that defines and describes the three different permit types that this program offers by including its terms in § 51.71. The Commission also adopted housekeeping changes to reflect the current names of some of the permits referenced in the regulation. On final-form rulemaking, the Commission adopted the proposed amendments as set forth in the notice of proposed rulemaking.
F. Paperwork
The final-form rulemaking will not increase paperwork and will create no new paperwork requirements. The Commission currently offers the three permit types described in this final-form rulemaking, and the interactive, Internet-based computer application is intended to streamline the permitting process and to reduce the paperwork demands of the SCP Program.
G. Fiscal Impact
The final-form rulemaking will have no adverse fiscal impact on the Commonwealth or its political subdivisions. The increased fees will help offset the Commission's continuing expenses to administer the SCP Program and the costs of the interactive, Internet-based application.
The amendment will increase fees for permit applicants. The fee for a Type I permit for Nonprofit Research and Education will increase from $10 to $30, assistants on Type I permits will remain free, and the fee for a Type I permit amendment will increase from no fee to $15. The fee for a Type II permit for Government remains free, and assistants and permit amendment also remain free. The fee for a Type III permit for Consulting will increase from $50 to $150, the fee for assistants on Type III permits will increase from $10 to $30, and the fee for a Type III permit amendment will increase from $10 to $75.
With regard to all permit types, the Commission will utilize the fees to offset the costs associated with permit issuance and processing and data compilation. It is expected that the Commission will recover its costs for the permits for which fees are charged and that the Commission will absorb the costs associated with the free permits.
H. Public Involvement
A notice of proposed rulemaking was published at 37 Pa.B. 4431 (August 11, 2007). The Commission received a total of two public comments. One comment questioned the need to raise permit fees; the other comment supported the increase in permit fees and suggested that the Commission adjust its permit system to make it easier for larger companies to comply with the regulations. Specifically, the comment requested that the Commission consider requiring each office location to hold one permit but with a greater number of assistants listed on the permit. Because this is an issue that can be addressed by staff when issuing permits, it was not addressed as part of the rulemaking process. Copies of all public comments were provided to the Commissioners.
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) and the regulations promulgated thereunder, 1 Pa. Code §§ 7.1 and 7.2.
(2) A public comment period was provided, and the comments that were received were considered.
(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 51, are amended by amending § 51.71 to read as set forth in 37 Pa.B. 4431 (August 11, 2007).
(b) The Executive Director will submit this order and 37 Pa.B. 4431 to the Office of Attorney General for approval as to legality as required by law.
(c) The Executive Director shall certify this order and 37 Pa.B. 4431 and deposit them with the Legislative Reference Bureau as required by law.
(d) This order shall take effect on January 1, 2008.
DOUGLAS J. AUSTEN, Ph.D.,
Executive DirectorFiscal Note: Fiscal Note 48A-195 remains valid for the final adoption of the subject regulation.
[Pa.B. Doc. No. 07-2145. Filed for public inspection November 30, 2007, 9:00 a.m.]
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