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PA Bulletin, Doc. No. 00-1856




[58 PA. CODE CH. 51]

Civil Penalty Forfeiture Process

[30 Pa.B. 5541]

   The Fish and Boat Commission (Commission) by this order adopts Chapter 51, Subchapter K (relating to civil penalty forfeiture process). The Commission is publishing these regulations under the authority of 30 Pa.C.S. (relating to the Fish and Boat Code) (code). The regulations relate to the forfeiture of civil penalties for failure to comply with section 3510 of the code (relating to marking of dams).

A.  Effective Date

   The regulations will go into effect upon publication of an order adopting the regulations in the Pennsylvania Bulletin.

B.  Contact Person

   For further information on the regulations, contact Laurie E. Shepler, Assistant Counsel, (717) 705-7815, P. O. Box 67000, Harrisburg, PA 17106-7000. This final rulemaking is available electronically through the Commission's Web site (

C.  Statutory Authority

   The regulations are published under the statutory authority of section 3510 of the code.

D.  Purpose and Background

   The act of June 18, 1998 (P. L. 702, No. 91), effective January 1, 1999, amended the code by adding section 3510. This section applies to owners of existing run-of-the-river dams and permittees for the construction or installation of new run-of-the-river dams. Specifically, it requires the owners of dams identified by the Department of Environmental Protection (DEP) as meeting the statutory definition of a ''run-of-the-river'' dam to mark the areas above and below the dams and on the banks immediately adjacent to the dams with signs and buoys. The design and content of these signs and buoys were determined by the Commission after consultation with DEP. The signs are intended to warn the swimming, fishing and boating public of the hazards posed by the dam.

E.  Summary of Regulations

   Section 3510 of the code provides that any person who fails to comply with the marking requirements shall forfeit and pay a civil penalty of not less than $500 nor more than $5,000. This section further provides that any person who fails to comply with the maintenance requirements shall forfeit and pay a civil penalty of not less than $250 nor more than $5,000. In order to recover civil penalties, the Commission must have an administrative process for forfeiture of civil penalties in place. Accordingly, the Commission has adopted the new regulations as proposed.

F.  Paperwork

   The regulations will not increase paperwork and will create no new paperwork requirements.

G.  Fiscal Impact

   The regulations will have no adverse fiscal impact on the Commonwealth or its political subdivisions. The regulations will impose no new costs on the private sector or the general public.

H.  Public Involvement

   A notice of proposed rulemaking was published at 30 Pa.B. 4619 (September 2, 2000). The Commission did not receive any public comments regarding the proposed regulations.


   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, 1202) and the regulations promulgated thereunder (1 Pa. Code §§ 7.1 and 7.2).

   (2)  A public comment period was provided, and no comments were received.

   (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.


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

   (a)  The regulations of the Commission, 58 Pa. Code Chapter 51, are amended by adding §§ 51.101--51.109 to read as set forth at 30 Pa.B. 4619 (September 2, 2000).

   (b)  The Executive Director will submit this order and 30 Pa.B. 4619 to the Office of Attorney General for approval as to legality as required by law.

   (c)  The Executive Director shall certify this order and 30 Pa.B. 4619 and deposit them with the Legislative Reference Bureau as required by law.

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

Executive Director

   Fiscal Note:  Fiscal Note 48A-108 remains valid for the final adoption of the subject regulations.

[Pa.B. Doc. No. 00-1856. Filed for public inspection October 27, 2000, 9:00 a.m.]

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