PROPOSED RULEMAKING

FISH AND BOAT COMMISSION

[ 58 PA. CODE CH. 51 ]

General Provisions

[48 Pa.B. 5496]
[Saturday, September 1, 2018]

 The Fish and Boat Commission (Commission) proposes to amend Chapter 51 (relating to administrative provisions) to read as set forth in Annex A. The Commission is publishing this proposed rulemaking under the authority of 30 Pa.C.S. (relating to Fish and Boat Code) (code). The proposed amendments update the Commission's regulations for distribution of its Summary of Fishing Regulations and Laws publication (summary book).

A. Effective Date

 This proposed rulemaking, if approved on final-form rulemaking, will go into effect upon final-form publication in the Pennsylvania Bulletin.

B. Contact Person

 For further information on this proposed rulemaking, contact Wayne Melnick, Esq., P.O. Box 67000, Harrisburg, PA 17106-7000, (717) 705-7810. This proposed rulemaking is available on the Commission's web site at www.fish.state.pa.us.

C. Statutory Authority

 The proposed amendments to § 51.38 (relating to operation of the issuing agent for the Pennsylvania Automated Licensing Service (PALS)) are published under the statutory authority of section 2711 of the code (relating to issuing agents).

D. Purpose and Background

 The specific purpose and background of the proposed amendments is described in more detail under the summary of proposal.

E. Summary of Proposal

 At its January 2018 meeting, staff presented initial information to the Board of Commissioners (Board) on 46 funding concepts. As part of the presentation, Board members were asked to individually prioritize the concepts and to provide feedback to the Executive Director. As a result, seven staff proposed concepts were recognized as priorities and one additional concept was added and listed as a priority through the Commissioner review process. It was also acknowledged that the remaining concepts, while not a priority, should be advanced as they are more fully reviewed and developed by staff.

 One of the remaining funding concepts is to establish a cover price or fee for the annual summary book of fishing laws and regulations in this Commonwealth. This publication is prepared and printed annually by the Commission and contains a summary of the Commonwealth's fishing regulations and fishing tips. Historically, this publication has been offered to license holders and the public at no cost or free of charge. While reviewing its regulations, the Commission determined that § 51.38 indicates that issuing agents shall provide a summary book when issuing a fishing license. This is inconsistent with intended practice, as fishing license purchasers are not required to take a summary book. Fishing license purchasers may forgo the paper summary book or obtain an electronic version from the Commission's web site at the customer's convenience.

 To facilitate the operations of the issuing agency and to accommodate this practice with respect to distribution of the summary book, the Commission proposes to amend § 51.38 to read as set forth in Annex A.

F. Paperwork

 This proposed rulemaking will not increase paperwork and will not create new paperwork requirements.

G. Fiscal Impact

 This proposed rulemaking will not have adverse fiscal impact on the Commonwealth or its political subdivisions.

H. Public Comments

 Interested persons are invited to submit written comments, objections or suggestions about this 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 proposed rulemaking in the Pennsylvania Bulletin. Comments submitted by facsimile will not be accepted.

 Comments also may be submitted electronically by completing the form at www.fishandboat.com/regcomments. If an acknowledgment of electronic comments is not received by the sender within 2 working days, the comments should be retransmitted to ensure receipt. Electronic comments submitted in any other manner will not be accepted.

JOHN A. ARWAY, 
Executive Director

 Fiscal Note: 48A-285. 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

§ 51.38. Operation of the issuing agent for the Pennsylvania Automated Licensing Service (PALS).

 (a) Sale of licenses.

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 (4) Issuing agents shall [provide] offer a Summary of Fishing Regulations and Laws with each license issued. Issuing agents also shall [provide] offer a copy of the summary book to any holder of a Senior Resident Lifetime Fishing License or other individual who requests one. [Issuing agents are encouraged to provide a copy of the summary book, if adequate numbers are available, to other individuals who request one.]

*  *  *  *  *

[Pa.B. Doc. No. 18-1354. Filed for public inspection August 31, 2018, 9:00 a.m.]

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