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PA Bulletin, Doc. No. 03-2227




[58 PA. CODE CHS. 51 AND 63]

General Provisions; Fishing

[33 Pa.B. 5704]

   The Fish and Boat Commission (Commission) amends Chapters 51 and 63 (relating to administrative provisions; and general fishing regulations). The Commission is publishing this final-form rulemaking under the authority of 30 Pa.C.S. (relating to the Fish and Boat Code) (code). This final-form rulemaking pertains to the release of Commission documents and records, the review of applications for permits to draw off impounded waters and fishing with long bows, spears and gigs.

A.  Effective Date

   This final-form rulemaking will go into effect upon publication of this order in the Pennsylvania Bulletin.

B.  Contact Person

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

C.  Statutory Authority

   The amendments to § 51.9 (relating to release of documents and records) are published under the statutory authority of section 8(a) of the Right-to-Know Law (law) (65 P. S. § 66.8(a)) and section 506 of The Administrative Code of 1929 (71 P. S. § 186). The amendments to §§ 51.84 and 63.8 (relating to review of permit applications; and long bows, spears and gigs) are published under the statutory authority of section 2102 of the code (relating to rules and regulations).

D.  Purpose and Background

   The final-form rulemaking is designed to update, modify and improve the Commission's regulations pertaining to administrative provisions and fishing. The specific purpose of the final-form rulemaking is described in more detail under the summary of changes.

E.  Summary of Changes

   (1)  Section 51.9.  On December 26, 2002, amendments to the law went into effect. The amended law provides that agencies shall establish written policies and may promulgate regulations necessary to implement the law. The amended law also provides that written policies shall include the name of the office to which requests for access shall be addressed and a list of applicable fees. Although the Commission already had a regulation pertaining to the release of documents and records, the Commission updated this regulation to read as set forth in the notice of proposed rulemaking.

   (2)  Section 51.84.  A recent review of the Commission's regulations pertaining to permits to draw off impounded waters has revealed that a housekeeping change to this section is needed in that the Commission no longer has an environmental and technical liaison. Accordingly, the Commission amended this section to read as set forth in the notice of proposed rulemaking.

   (3)  Section 63.8.  The Commission recently amended its Lake Erie regulations to prohibit spear fishing in or along Lake Erie tributary streams. To be consistent, the Commission amended this section to read as set forth in the notice of proposed rulemaking.

F.  Paperwork

   The final-form rulemaking will not increase paperwork and will create no 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 impose no new costs on the private sector or the general public with the exception of the amendments to § 51.9, which impose a charge for certified copies of $1 per page up to $5 per document. The impact of this charge will be nominal. All other charges remain unchanged.

H.  Public Involvement

   A notice of proposed rulemaking was published at 33 Pa.B. 3126 (July 5, 2003). The Commission did not receive any public comments regarding the proposed changes.


   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) 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 Chapters 51 and 63, are amended by amending §§ 51.9, 51.84 and 63.8 to read as set forth at 33 Pa.B. 3126.

   (b)  The Deputy Executive Director will submit this order and 33 Pa.B. 3126 to the Office of Attorney General for approval as to legality as required by law.

   (c)  The Deputy Executive Director shall certify this order and 33 Pa.B. 3126 and deposit the same with the Legislative Reference Bureau as required by law.

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

Deputy Executive Director

   Fiscal Note:  Fiscal Note 48A-145 remains valid for the final adoption of the subject regulations.

[Pa.B. Doc. No. 03-2227. Filed for public inspection November 21, 2003, 9:00 a.m.]

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