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PA Bulletin, Doc. No. 23-1175

PROPOSED RULEMAKING

FISH AND BOAT COMMISSION

[58 PA. CODE CH. 65]

Fishing; Special Fishing Regulations

[53 Pa.B. 5504]
[Saturday, September 2, 2023]

 The Fish and Boat Commission (Commission) proposes to amend Chapter 65 (relating to special fishing regulations). The Commission is publishing this proposed rulemaking under the authority of 30 Pa.C.S. (relating to Fish and Boat Code) (code). The proposed amendment updates and further clarifies language in § 65.26 (relating to extended trout season); specifically, proposed amendments apply to § 65.26(b).

A. Effective Date

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

B. Contact Person

 For further information on this proposed rulemaking, contact Renae Kluk Kiehl, 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.fishandboat.com.

C. Statutory Authority

 The proposed amendment to § 65.26 is published under the statutory authority of sections 2102 and 2307 of the code (relating to rules and regulations; and waters limited to specific purposes).

D. Purpose and Background

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

E. Summary of Proposal

 During a comprehensive review of permits associated with the Commission's Bureau of Fisheries programs and regulations, Commission staff identified an opportunity to update and further clarify language in § 65.26; specifically, the proposed amendments apply to § 65.26(b). The intent is to align the permit for the application of extended season trout regulations to waters that are not stocked trout waters and the beginning of the extended closure period (third Monday in February), and to place the application review responsibility more appropriately on the bureau directly responsible for consideration, the Bureau of Fisheries. As the section is currently written, permits are valid into the extended season closure period, which is inconsistent with current seasons, sizes and creel limits applied to waters included in the Commission's Stocked Trout Waters Program.

 The Commission proposes that § 65.26 be amended 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 have no 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 notice in the Pennsylvania Bulletin. Comments submitted by facsimile will not be accepted.

 Comments also may be submitted electronically to RA-pfbcregulations@pa.gov. Electronic comments submitted in any other manner will not be accepted.

TIMOTHY D. SCHAEFFER, 
Executive Director

 Fiscal Note: 48A-351. No fiscal impact; recommends adoption.

Annex A

TITLE 58. RECREATION

PART II. FISH AND BOAT COMMISSION

Subpart B. FISHING

CHAPTER 65. SPECIAL FISHING REGULATIONS

§ 65.26. Extended trout season.

*  *  *  *  *

 (b) Waters not stocked trout waters. The Executive Director or designee may grant a permit to apply extended trout regulations to waters that are not stocked trout waters upon written application of the owner or lessee of the lands on which the waters are located. Applications must be made on forms provided by the Commission. Applications will be reviewed to ensure that applying extended trout season regulations to the waters in question is consistent with the best appropriate fisheries management of the waters in question, and to ensure that approval of the application will have no adverse effect on the preservation and expansion of public fishing opportunities within this Commonwealth. Approval or disapproval of applications shall be subject to review under Chapter 51, Subchapter E (relating to permit procedures). Permits for extended trout season on waters other than stocked trout waters will be valid until the last day of [February] the extended trout season of the 6th year after the year in which they are issued. [For example, a permit issued in June 1984 will expire on February 28, 1990.]

[Pa.B. Doc. No. 23-1175. Filed for public inspection September 1, 2023, 9:00 a.m.]


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