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PA Bulletin, Doc. No. 18-439

RULES AND REGULATIONS

Title 58—RECREATION

FISH AND BOAT COMMISSION

[ 58 PA. CODE CH. 65 ]

Fishing; Special Fishing Regulations

[48 Pa.B. 1676]
[Saturday, March 24, 2018]

 The Fish and Boat Commission (Commission) amends Chapter 65 (relating to special fishing regulations). The Commission is publishing this final-form rulemaking under the authority of 30 Pa.C.S. (relating to Fish and Boat Code) (code).

A. Effective Date

 This final-form rulemaking will go into effect upon publication in the Pennsylvania Bulletin.

B. Contact Person

 For further information on this final-form rulemaking, contact Laurie E. Shepler, Esq., P.O. Box 67000, Harrisburg, PA 17106-7000, (717) 705-7810. This final-form rulemaking is available on the Commission's web site at www.fishandboat.com.

C. Statutory Authority

 The amendment to § 65.14 (relating to catch and release fly-fishing only) is published under the statutory authority of section 2102 of the code (relating to rules and regulations).

D. Purpose and Background

 This final-form rulemaking is designed to improve, enhance and update the Commission's fishing regulations. The specific purpose of this final-form amendment is described in more detail under the summary of change.

E. Summary of Change

 In an ongoing attempt to simplify regulations, the Commission is continually looking at ways to improve upon current regulations. One area that has come into question recently is the 18-foot maximum length of leader material or monofilament line allowed in catch and release fly-fishing only areas.

 In examining this question, it was brought to the Commission's attention that this limitation also excludes several acceptable fly-fishing practices such as European Nymphing. Law enforcement staff indicate that rarely is the length of leader material measured as it does not create significant problems streamside.

 Based on these findings, the Commission amends § 65.14 to read as set forth in the proposed rulemaking published at 47 Pa.B. 5786 (September 16, 2017).

F. Paperwork

 The final-form rulemaking will not increase paperwork and will not create new paperwork requirements.

G. Fiscal Impact

 This final-form rulemaking will not have adverse fiscal impacts on the Commonwealth or its political subdivisions. This final-form rulemaking will not impose new costs on the private sector or general public.

H. Public Involvement

 Notice of proposed rulemaking was published at 47 Pa.B. 5786. The Commission did not receive any public comments.

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 no public comments were received.

 (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 statute.

Order

 The Commission, acting under the authorizing statutes, orders that:

 (a) The regulations of the Commission, 58 Pa. Code Chapter 65, are amended by amending § 65.14 to read as set forth at 47 Pa.B. 5786.

 (b) The Executive Director will submit this order and 47 Pa.B. 5786 to the Office of Attorney General for approval as to legality and form as required by law.

 (c) The Executive Director shall certify this order and 47 Pa.B. 5786 and deposit them with the Legislative Reference Bureau as required by law.

 (d) This order shall take effect upon publication in the Pennsylvania Bulletin.

JOHN A. ARWAY, 
Executive Director

 Fiscal Note: Fiscal Note 48A-277 remains valid for the final adoption of the subject regulation.

[Pa.B. Doc. No. 18-439. Filed for public inspection March 23, 2018, 9:00 a.m.]


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