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PA Bulletin, Doc. No. 11-2214




[ 58 PA. CODE CH. 51 ]

General Provisions; Administrative Provisions

[41 Pa.B. 6968]
[Saturday, December 31, 2011]

 The Fish and Boat Commission (Commission) 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). The amendments modify and update the Commission's regulations pertaining to public comments at meetings.

A. Effective Date

 The final-form rulemaking will go into effect upon publication in the Pennsylvania Bulletin.

B. Contact Person

 For further information on the final-form rulemaking, contact Wayne Melnick, Esq., P. O. Box 67000, Harrisburg, PA 17106-7000, (717) 705-7810. This final-form rulemaking is available on the Commission's web site at

C. Statutory Authority

 The amendments to § 51.7 (relating to public comments at Commission meetings) are published under the statutory authority of 65 Pa.C.S. § 710 (relating to rules and regulations for conduct of meetings) and section 506 of The Administrative Code of 1929 (71 P. S. § 186).

D. Purpose and Background

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

E. Summary of Changes

 In 1994, the Commission adopted the regulation pertaining to public comments at Commission meetings. Since that time, the way in which the Commission and its committees have handled public comments has changed and the regulation did not reflect current Commissioner thinking or practice. The Commission has always valued public input. Therefore, it is logical that the Commission and it committees follow a uniform method for soliciting and receiving public comments at meetings. It also is logical that the Board and committees receive and consider public comments prior to deliberating and voting.

 The Commission therefore amends § 51.7 to read as set forth in the proposed rulemaking published at 41 Pa.B. 2977 (June 11, 2011).

F. Paperwork

 The final-form rulemaking will not increase paperwork and will not create new paperwork requirements.

G. Fiscal Impact

 The final-form rulemaking will not have adverse fiscal impact on the Commonwealth or its political subdivisions. The final-form rulemaking will not impose new costs on the private sector or the general public.

H. Public Involvement

 Notice of proposed rulemaking containing the proposed amendments was published at 41 Pa.B. 2977. The Commission did not receive public comments concerning the proposed rulemaking.


 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 public 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 amending § 51.7 to read as set forth at 41 Pa.B. 2977.

 (b) The Executive Director shall submit this order and 41 Pa.B. 2977 to the Office of Attorney General for approval as to legality and form as required by law.

 (c) The Executive Director shall certify this order and 41 Pa.B. 2977 and deposit them with the Legislative Reference Bureau as required by law.

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

Executive Director

Fiscal Note: Fiscal Note 48A-227 remains valid for the final adoption of the subject regulation.

[Pa.B. Doc. No. 11-2214. Filed for public inspection December 30, 2011, 9:00 a.m.]

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