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PA Bulletin, Doc. No. 04-2027




[58 PA. CODE CH. 51]

Administrative Provisions

[34 Pa.B. 6148]

   The Fish and Boat Commission (Commission) by this order amends Chapter 51 (relating to administrative provisions). The Commission is publishing this final-form rulemaking under the authority of 30 Pa.C.S. (relating to the Fish and Boat Code) (code). The change relates to the effective dates of licenses and trout/salmon permits for 2005.

A.  Effective Date

   The amendment will go into effect immediately upon final-form publication of this order in the Pennsylvania Bulletin.

B.  Contact Person

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

C.  Statutory Authority

   The amendment to § 51.33 (relating to effective dates of licenses and trout/salmon permits) is published under the statutory authority of section 506 of The Administrative Code of 1929 (71 P. S. § 186).

D.  Purpose and Background

   This final-form rulemaking is designed to update, modify and improve the Commission's regulations pertaining to administration. The specific purpose of this final-form rulemaking is described in more detail under the summary of change.

E.  Summary of Change

   It is possible that the General Assembly will enact legislation affecting the price and mix of fishing licenses, stamps and permits late in the 2004 calendar year. These changes will be in effect for the 2005 year. To facilitate the orderly distribution and proper accounting for new license types and license prices, it will be necessary for Commission staff to delay the distribution of license materials until after enactment of legislation.

   The current regulation specifies that annual licenses are effective for the year printed on the license certificate and the month of December of the preceding year. The amendment makes 2005 licenses effective on January 1, 2005, or the date of sale in December 2004, whichever is earlier. Limited duration licenses, such as the 1-day, 3-day and 7-day licenses, will remain valid only for the dates specified on the license certificates. The final-form rulemaking is adopted as proposed.

F.  Paperwork

   The final-form rulemaking will not increase paperwork and will create no new paperwork requirements.

G.  Fiscal Impact

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

H.  Public Involvement

   A notice of proposed rulemaking was published at 34 Pa.B. 5161 (September 18, 2004). The Commission did not receive any public comments concerning the proposed rulemaking.


   The Commission finds that:

   (1)  Public notice of intention to adopt the amendment 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 at 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 final-form rulemaking 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 amending § 51.33 to read as set forth in 34 Pa. B. 5161.

   (b)  The Executive Director will submit this order and 34 Pa.B. 5161 to the Office of Attorney General for approval as to legality as required by law.

   (c)  The Executive Director shall certify this order and 34 Pa.B. 5161 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-161 remains valid for the final adoption of the subject regulation.

[Pa.B. Doc. No. 04-2027. Filed for public inspection November 12, 2004, 9:00 a.m.]

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