RULES AND REGULATIONS

Title 58—RECREATION

FISH AND BOAT COMMISSION

[58 PA. CODE CHS. 51, 69, 91 AND 93]

Fishing; General Provisions

[52 Pa.B. 8232]
[Saturday, December 31, 2022]

 The Fish and Boat Commission (Commission) amends Chapters 51, 69, 91 and 93. The Commission is publishing this final-form rulemaking under the authority of 30 Pa.C.S. (relating to Fish and Boat Code) (code). The amendments update the Commission's regulations pertaining to several categories of boat titles, licenses and permits.

A. Effective Date

 This final-form rulemaking will go into effect on January 1, 2023.

B. Contact Person

 For further information on this final-form rulemaking, contact Vienna Vasquez, 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 amendments to §§ 51.61 and 69.19 (relating to permits required for disturbance of waterways or watersheds; and permit for the use of cast nets, throw nets or dip nets by sport anglers), and the addition of §§ 51.131, 91.8 and 93.120 (relating to service charge for uncollectible checks; and fees) are published under the statutory authority of section 322.1 of the code (relating to power to set fees).

D. Purpose and Background

 The specific purpose and background of the amendments are described in more detail under the summary of changes.

E. Summary of Changes

 The Commission has two legislatively authorized special funds, the Fish Fund and the Boat Fund. These funds receive money mainly from fishing license and permit fees, boat registration fees, fines and penalties, tax refunds of motorboat fuel and Federal funds paid for by anglers and boaters through the User Pays, User Benefits Model.

 Commission staff regularly monitors the status and fiscal health of the Fish Fund and the Boat Fund to ensure that adequate funds are available to maintain and support programs designed to meet the expectations of anglers and other users of aquatic resources in this Commonwealth.

 An adjustment to the fees for several categories of boat titles, licenses and permits are needed to cope with inflationary pressures, maintain and improve existing programs, address and meet anglers' and boaters' needs and bring the price of these items in line with the administrative cost associated with issuing them. Following public comment, the Commission decided to reduce the fee adjustment for several categories as reflected in the final column of the following table.

 Fee levels for these items have not changed since the 1980s and 1990s and to maintain adequate funding to sustain these important programs, the Commission is seeking to adjust its fees for boat titles and the license and permit types shown in the following table:

Title, License or Permit Type	Date Fee Established	Current Fee	Proposed Fee	Adjusted Fee Based on Public Input
License for operator of passenger-carrying boat	10/16/80	$5	$50	$25
Permit for floating structures or private aids to navigation	12/12/91	$10	$20	$20
Dealer registration	12/12/91	$15	$25	$25
Transfer of a multi-year boat registration	12/22/89	$5	$10	$10
Certificate of title	7/2/96	$15	$58	$30
Duplicate certificate of title	7/2/96	$5	$28	$20
Recording or changing the amount of security interest on a certificate of title	7/2/96	$5	$28	$20
Copies of or information relating to a title or security interest	7/2/96	$5	$10	$10
Issuing or providing copies of any other official document issued under the authority of 30 Pa.C.S. Chapter 53 (relating to registration and titling of boats)	7/2/96	$5	$10	$10
Uncollectable checks	10/16/80	$15	$40	$40
Cast net permits	10/16/80	$10	$25	$25
Permits for use of explosives	11/3/99	$50	$60	$60
Commercial fishing license, resident trap net	10/16/80	$80	$100	$100
Commercial fishing license, nonresident trap net	10/16/80	$160	$200	$200

F. Paperwork

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

G. Fiscal Impact

 This final-form rulemaking will have no adverse fiscal impact on the Commonwealth or its political subdivisions. This final-form rulemaking will increase fees for license and permit buyers as outlined in the summary of changes.

H. Public Comments

 A notice of proposed rulemaking was published at 52 Pa.B. 3982 (July 16, 2022). The Commission received a total of four public comments regarding the proposed rulemaking. Three comments supported the proposed rulemaking and one comment opposed the proposed rulemaking. On July 25, 2022, the Commission held a public hearing on the proposed rulemaking. Three presenters provided testimony. The presenters all supported the proposal.

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), referred to as the Commonwealth Documents Law, and the regulations promulgated thereunder, 1 Pa. Code §§ 7.1 and 7.2 (relating to notice of proposed rulemaking required; and adoption of regulations).

 (2) A public comment period was provided, and a total of four comments were received. Three comments supported the proposed rulemaking and one comment opposed the proposed rulemaking. A public hearing was provided where three additional comments were received that supported the proposed rulemaking.

 (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 51, 69, 91 and 93, are amended by amending §§ 51.61 and 69.19 and adding §§ 51.131, 91.8 and 93.120 to read as set forth in Annex A, with ellipses referring to the existing text of the regulations.

 (B) The Executive Director will submit this order and Annex A 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 Annex A and deposit them with the Legislative Reference Bureau as required by law.

 (D) This order shall take effect on January 1, 2023.

TIMOTHY D. SCHAEFFER, 
Executive Director

 Fiscal Note: Fiscal Note 48A-335 remains valid for the final adoption of the subject regulations.

Annex A

TITLE 58. RECREATION

PART II. FISH AND BOAT COMMISSION

Subpart A. GENERAL PROVISIONS

CHAPTER 51. ADMINISTRATIVE PROVISIONS

Subchapter G. PERMIT REQUIREMENTS

§ 51.61. Permits required for disturbance of waterways or watersheds.

 (a) A permit shall be deemed necessary under 30 Pa.C.S. § 2502 (relating to disturbance of waterways or watersheds) if the activity would be a violation of statutes or regulations administered by the Commission, the Department of Environmental Resources, the United States Environmental Protection Agency, the United States Army Corps of Engineers or local municipalities if the activity were performed without a permit. The failure of the agency charged with enforcement or issuance responsibility for a permit to prosecute or take civil action for failure to obtain a permit or other permit violation may not affect the validity of a prosecution under 30 Pa.C.S. § 2502.

 (b) Examples of permits that may be required to undertake specific activities in the waters or watersheds of this Commonwealth include the following:

 (1) Permits for use of explosives in waters of this Commonwealth (Fish and Boat Commission). The fee for the permits shall be $60. This fee is effective beginning January 1, 2023.

*  *  *  *  *

Subchapter M. UNCOLLECTABLE CHECKS

§ 51.131. Service charge for uncollectible checks.

 Whenever a check or similar instrument issued in payment of a fee, fine or for any other purpose under this title is returned to the Commission as uncollectible, the person who makes, issues or presents the check or other instrument shall be charged $40. The service charge shall be credited to the Fish Fund or the Boat Fund, as appropriate. This fee is effective beginning January 1, 2023.

Subpart B. FISHING

CHAPTER 69. FISHING IN LAKE ERIE AND BOUNDARY LAKES

Subchapter B. SPORT FISHING AND ANGLING

§ 69.19. Permit for the use of cast nets, throw nets or dip nets by sport anglers.

*  *  *  *  *

 (l) It is unlawful for a holder of a permit under this section to use a cast net, throw net or dip net to interfere with sport anglers or boaters.

 (m) The fee for any cast net issued under this section shall be $25.

 (n) The fee for any trap net issued to a resident of the Commonwealth under this section shall be $100.

 (o) The fee for any trap net issued to a nonresident of the Commonwealth under this section shall be $200.

 (p) The fees imposed under sections (m), (n) and (o) are effective beginning January 1, 2023.

Subpart C. BOATING

CHAPTER 91. GENERAL PROVISIONS

§ 91.8. Fees.

 (a) Fees. The following fees apply to registrations, licenses, permits and certificates issued under this title and the fees collected shall be deposited into the Boat Fund:

 (1) Dealer registration, $25 each per year.

 (2) Commercial passenger boat registration, $25 each.

 (3) License for operator of passenger-carrying boat, $25 each.

 (4) Transfer of a multiyear boat registration, $10.

 (5) Permit for commercial floating structure or aids to navigation, $20 each.

 (b) Effective date. The fees imposed under subsection (a) are effective beginning January 1, 2023.

CHAPTER 93. BOAT REGISTRATION AND NUMBERING

Subchapter B. TITLING OF BOATS

§ 93.120. Fees.

 (a) Fees. The following fees apply to certificates and documents issued under this subchapter and the fees collected shall be deposited into the Boat Fund:

 (1) The fee for issuance of a certificate of title shall be $30.

 (2) The fee for a duplicate certificate of title shall be $20.

 (3) The fee for recording or changing the amount of security interest on a certificate of title shall be $20.

 (4) The fee for copies of or information relating to a title or security interest shall be $10.

 (5) The fee for issuing or providing copies of any other official document issued under the authority of this chapter shall be $10.

 (b) Effective date. The fees imposed under subsection (a) are effective beginning January 1, 2023.

[Pa.B. Doc. No. 22-2026. Filed for public inspection December 30, 2022, 9:00 a.m.]

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