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PA Bulletin, Doc. No. 22-896

PROPOSED RULEMAKING

FISH AND BOAT COMMISSION

[58 PA. CODE CH. 63]

Fishing; General Fishing Regulations

[52 Pa.B. 3434]
[Saturday, June 18, 2022]

 The Fish and Boat Commission (Commission) proposes to amend Chapter 63 (relating to general fishing regulations). The Commission is publishing this proposed rulemaking under the authority of 30 Pa.C.S. (relating to Fish and Boat Code) (code). The proposed amendment updates the Commission's regulations pertaining to fish processing at noncommercial officially-recognized fish cleaning stations.

A. Effective Date

 This proposed rulemaking, if approved on final-form rulemaking, shall take effect upon publication in the Pennsylvania Bulletin.

B. Contact Person

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

C. Statutory Authority

 This proposed amendment to § 63.15a (relating to officially-recognized fish cleaning stations) is published under the statutory authority of section 2102(a) of the code (relating to rules and regulations).

D. Purpose and Background

 The specific purpose and background of the proposed amendment is described in more detail under the summary of proposal.

E. Summary of Proposal

 Waterways Conservation Officers (WCO) of the Commission are requesting that a 2-inch by 2-inch piece of skin remain on fish fillets and the chunking of the fillets be prohibited. This will assist in the identification of fish that are harvested and processed at noncommercial officially recognized fish cleaning stations throughout this Commonwealth. Without the skin, it is difficult for WCOs to identify the species of fish from the fillet. Chunking makes it difficult for WCOs to identify the number of fish filleted.

 Staff from the Commission's Bureau of Law Enforcement have conferred and support a change to the regulation which would prohibit the removal of skin from fish fillets at noncommercial officially recognized fish cleaning stations. This will simplify the identification of the fish that are harvested or processed at these locations.

 The Commission proposes that § 63.15a be amended to read as set forth in Annex A.

F. Paperwork

 This proposed rulemaking will not increase paperwork and will not create new paperwork requirements.

G. Fiscal Impact

 This proposed rulemaking will have no adverse fiscal impact on the Commonwealth or its political subdivisions.

H. Public Comments

 Interested persons are invited to submit written comments, objections or suggestions about this proposed rulemaking to the Executive Director, Fish and Boat Commission, P.O. Box 67000, Harrisburg, PA 17106-7000, within 30 days after publication of this notice in the Pennsylvania Bulletin. Comments submitted by facsimile will not be accepted.

 Comments also may be submitted electronically by completing the form at www.fishandboat.com/regcomments. If an acknowledgment of electronic comments is not received by the sender within 2 working days, the comments should be retransmitted to ensure receipt. Electronic comments submitted in any other manner will not be accepted.

TIMOTHY D. SCHAEFFER, 
Executive Director

 Fiscal Note: 48A-332. No fiscal impact; (8) recommends adoption.

Annex A

TITLE 58. RECREATION

PART II. FISH AND BOAT COMMISSION

Subpart B. FISHING

CHAPTER 63. GENERAL FISHING REGULATIONS

§ 63.15a. Officially-recognized fish cleaning stations.

*  *  *  *  *

 (d) Application. An operator of a fish cleaning station may apply for official recognition to: Director, Bureau of Law Enforcement Pennsylvania Fish and Boat Commission Post Office Box 67000 Harrisburg, Pennsylvania 17106-7000

 (e) Identification. Noncommercial officially-recognized fish cleaning station users shall leave at least a 2-inch by 2-inch piece of skin on processed fillets for identification purposes. Cutting the fillets into pieces (also known as chunking) is prohibited.

[Pa.B. Doc. No. 22-896. Filed for public inspection June 17, 2022, 9:00 a.m.]


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