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PA Bulletin, Doc. No. 00-2065

STATEMENTS OF POLICY

Title 58--RECREATION

FISH AND BOAT COMMISSION

[58 PA. CODE CH. 57]

Riparian Buffer Policy

[30 Pa.B. 6219]

   The Fish and Boat Commission (Commission) by this order adopts a statement of policy in Chapter 57 (relating to statements of policy). The Commission is publishing this statement of policy under the authority of 30 Pa.C.S. (relating to the Fish and Boat Code) (code). The statement of policy relates to the establishment of riparian buffer zones.

A.  Effective Date

   This statement of policy will go into effect upon publication in the Pennsylvania Bulletin.

B.  Contact Person

   For further information on the statement of policy, contact Laurie E. Shepler, Assistant Counsel, (717) 705-7815, P. O. Box 67000, Harrisburg, PA 17106-7000. This statement of policy is available electronically through the Commission's Web site (http://www.fish.state.pa.us).

C.  Statutory Authority

   The statement of policy is published under the statutory authority of section 2102 of the code (relating to rules and regulations).

D.  Purpose and Background

   The establishment and preservation of vegetated buffer zones along waters of this Commonwealth is a widely accepted conservation practice providing numerous benefits to fish and wildlife resources and to the residents of this Commonwealth. The Commission recognizes these benefits and actively promotes the protection, enhancement and restoration of riparian buffers on Commission properties and other lands throughout this Commonwealth. Additionally, as part of a 1994 Chesapeake Bay Program agreement signed by the governors of this Commonwealth, Maryland and Virginia and an Executive Council Member from Washington, D.C., the Commonwealth has agreed to restore 600 miles of forested streamside buffer by the year 2010. State agencies have been asked to take the lead with this initiative in the management of their own lands. Commission staff will formulate guidelines and an appropriate action plan to carry out the goals described in the policy.

E.  Summary of Policy

   It is the policy of the Commission to pursue establishment and preservation of a stable, vegetated riparian buffer zone between waters of this Commonwealth and other land uses on Commonwealth property under the management and control of the Commission. It is the Commission's intent to improve streambank and shoreline stabilization and water quality and to enhance fish and wildlife habitats in these areas, consistent with available fiscal and personnel resources. It is the policy of the Commission to encourage partnerships with other agencies, conservation organizations, and the private sector to providing funding and volunteer assistance to establish and preserve riparian buffer zones under this policy.

F.  Paperwork

   The statement of policy will not increase paperwork and will create no new paperwork requirements.

G.  Fiscal Impact

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

H.  Public Involvement

   Because this order adopts a statement of policy, and not a regulation, the Commission was not required to publish a notice of proposed rulemaking in the Pennsylvania Bulletin or to solicit public comment.

Order

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

   (a)  The statement of policy of the Commission shall read as set forth at Annex A.

   (b)  The Executive Director shall certify this order and Annex A and deposit them with the Legislative Reference Bureau as required by law.

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

PETER A. COLANGELO,   
Executive Director

   (Editor's Note:  The regulations of the Department, 58 Pa. Code Chapter 57, are amended by adding a statement of policy in § 57.10 to read as set forth in Annex A.)

   Fiscal Note:  48A-111. No fiscal impact; (8) recommends adoption.

Annex A

TITLE 58.  RECREATION

PART II.  FISH AND BOAT COMMISSION

Subpart A.  GENERAL PROVISIONS

CHAPTER 57.  STATEMENTS OF POLICY

Subchapter A.  FISHERIES POLICIES

§ 57.10.  Riparian buffer policy.

   It is the policy of the Commission to pursue establishment and preservation of a stable, vegetated riparian buffer zone between waters of this Commonwealth and other land uses on Commonwealth property under the management and control of the Commission. It is the Commission's intent to improve streambank and shoreline stabilization and water quality and to enhance fish and wildlife habitats in these areas, consistent with available fiscal and personnel resources. It is the policy of the Commission to encourage partnerships with other agencies, conservation organizations, and the private sector to providing funding and volunteer assistance to establish and preserve riparian buffer zones under this policy.

[Pa.B. Doc. No. 00-2065. Filed for public inspection December 1, 2000, 9:00 a.m.]



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