§ 69.44. Review of permit applications.
(a) The Bureau of Law Enforcement will review permit applications for completeness. Incomplete applications will be returned without action to the applicant.
(b) When a permit application is deemed complete, the Bureau of Law Enforcement will publish a notice of the receipt of the application in the Pennsylvania Bulletin. The notice will provide the public with at least 15 days to offer comments, protests, interventions or objections with respect to the application for the proposed tagged-fish contest. Permit applications, together with public comments or objections, will be reviewed, at a minimum, by the Bureau of Fisheries and the Bureau of Law Enforcement. The comments and recommendations of fisheries and enforcement personnel with responsibility for the site of the proposed contest will be solicited.
(c) If the Director of the Bureau of Fisheries or a designee makes a recommended finding that the proposed contest is likely to result in substantial public interest or controversy, significant adverse impacts on fisheries resources or threats to the fisheries resources of Commonwealth waters of the boundary lake where the contest is to be conducted, the Director of the Bureau of Law Enforcement will:
(1) Notify the applicant.
(2) Publish a notice in the Pennsylvania Bulletin under § 51.43(c) (relating to staff review), which will provide at least 15 days notice of the date, time and place of a public hearing on the proposed permit and at least 15 days for the submission of written comments, protests and interventions concerning the proposed permit.
(d) After completion of the public hearing and consideration of the public comments, the Executive Director will issue or deny the permit based upon a finding of whether or not the proposed contest threatens the fisheries resources of Commonwealth waters of the boundary lake where the proposed contest is to be conducted. The applicant and a person aggrieved by the Executive Director’s action may appeal as provided in § § 51.44—51.46 (relating to appeals; procedures; and final agency action).
(e) If the Director of the Bureau of Fisheries or a designee makes a recommended finding that none of the factors listed in subsection (c) applies to the proposed contest, the Director of the Bureau of Law Enforcement will issue the permit without further proceedings.
Authority The provisions of this § 69.44 issued under the Fish and Boat Code, 30 Pa.C.S. § § 2102 and 2904.
Source The provisions of this § 69.44 adopted December 14, 1990, effective December 15, 1990, 20 Pa.B. 6179.
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