Subchapter E. PERMIT PROCEDURES
Sec.
51.41. General.
51.42. Applications.
51.43. Staff review.
51.44. Appeals.
51.45. Procedures.
51.46. Final agency action.
Authority The provisions of this Subchapter E issued under the Fish and Boat Code, 30 Pa.C.S. § § 928, 2102, 2305, 2307, 2711, 2901, 2903 and 2904.
Source The provisions of this Subchapter E adopted January 6, 1984, effective January 7, 1984, 14 Pa.B. 46, unless otherwise noted.
Cross References This subchapter cited in 58 Pa. Code § 65.26 (relating to extended trout season); 58 Pa. Code § 71a.10 (relating to triploid grass carp); 58 Pa. Code § 79.5 (relating to snapping turtle permits); 58 Pa. Code § 79.6 (relating to venomous snake permits); and 58 Pa. Code § 79.7 (relating to organized reptile and amphibian hunt permits).
§ 51.41. General.
This subchapter establishes the agency practices and procedures to be followed in consideration and disposition of applications for permits the granting or denial of which is discretionary, including permits issued under sections 2902, 2903, 2905, 2906, 3106 and 3509 of the code and including permits issued under provisions of the code which contain the word, ‘‘may.’’
Authority The provisions of this § 51.41 amended under the Fish and Boat Code, 30 Pa.C.S. § § 928, 2102, 2305, 2711, 2903 and 2904.
Source The provisions of this § 51.41 amended December 7, 2001, effective December 8, 2001, 31 Pa.B. 6669. Immediately preceding text appears at serial pages (243538) and (239813).
Cross References This section cited in 58 Pa. Code § 69.42 (relating to policy); and 58 Pa. Code § 79.4 (relating to possession permits for native species).
§ 51.42. Applications.
(a) Forms. Applications shall be made on forms prescribed by the Executive Director. In addition to the information required by 1 Pa. Code § 35.2 (relating to contents of applications), applicants shall provide other information as may be required by the Executive Director to enable the Commission to fully review the application. Incomplete applications will be returned without action.
(b) Time. An application for permit shall be filed no later than 40 days before the activity to be permitted; however, the Executive Director may waive this limitation for good cause in cases where the permitted activity is found by the staff to be unlikely to result in significant adverse impacts on fish, fish habitat, fishing, boating or other matters within the cognizance of the Commission.
Cross References This section cited in 58 Pa. Code § 69.42 (relating to policy); 58 Pa. Code § 69.43 (relating to applications for permits); and 58 Pa. Code § 79.4 (relating to possession permits for native species).
§ 51.43. Staff review.
(a) The staff will administratively review applications filed with the Commission.
(b) If, after administrative review, the staff concludes that the proposed activity is unlikely to result in significant adverse impacts on fish, fish habitat, fishing, boating or other matters within the cognizance of the Commission as a trustee of this Commonwealth’s environment, the staff may dispose of the application by appropriate action.
(c) If, after administrative review of the application, the staff finds that the proposed permitted activity creates a substantial likelihood of significant adverse impacts on fish, fishing, fish habitat, boating or other matters within the cognizance of the Commission as a trustee of this Commonwealth’s environment, the staff will defer action on the application until after publication of a notice in the Pennsylvania Bulletin under 1 Pa. Code § 35.105 (relating to notice of nonrulemaking proceedings).
Cross References This section cited in 58 Pa. Code § 69.42 (relating to policy); 58 Pa. Code § 69.44 (relating to review of permit applications); and 58 Pa. Code § 79.4 (relating to possession permits for native species).
§ 51.44. Appeals.
A party aggrieved by a staff decision under this subchapter may appeal to the Commission in the manner provided by 1 Pa. Code § 35.20 (relating to appeals from actions of the staff). A party appealing a staff decision may request the Executive Director to stay the staff decision pending disposition of the appeal, and the Executive Director will grant a stay for good cause shown to preserve the status quo, or to avoid irreparable harm to any party, or in other circumstances where the grant of a stay has been found appropriate in similar proceedings.
Cross References This section cited in 58 Pa. Code § 69.42 (relating to policy); 58 Pa. Code § 69.44 (relating to review of permit applications); and 58 Pa. Code § 77.4 (relating to possession permits for native species).
§ 51.45. Procedures.
(a) The Commission will designate one or more presiding officers to conduct hearings on issuance or denials of permits.
(b) Part II of 1 Pa. Code (relating to general rules of administrative practice and procedure) applies to proceedings under this subchapter.
(c) The presiding officer will file a proposed report with the Commission as provided in 1 Pa. Code § 35.202 (relating to proceedings in which proposed reports are prepared).
(d) A party filing exceptions to a proposed report may, by motion, request the opportunity to present oral argument to the Commission. If the motion is granted, oral argument will ordinarily be scheduled as part of a regular public meeting of the Commission. Oral argument to the Commission will not exceed 15 minutes per party unless the Commission, for cause shown, votes to adopt another schedule for a particular oral argument. This subsection supplements 1 Pa. Code § 35.214 (relating to oral argument on exceptions).
(e) The Commission’s chief counsel will either represent the staff in proceedings before the presiding officer and the Commission or will advise and counsel the Commission on its final decision.
Cross References This section cited in 58 Pa. Code § 69.42 (relating to policy); 58 Pa. Code § 69.44 (relating to review of permit applications); and 58 Pa. Code § 79.4 (relating to possession permits for native species).
§ 51.46. Final agency action.
After considering the entire record in the case, including an oral argument permitted before the Commission, the Commission will vote at a regular public meeting on whether to grant or deny the requested permit. The Commission’s decision will be forwarded to the parties in writing and will constitute the agency adjudication on the matter under review.
Cross References This section cited in 58 Pa. Code § 69.42 (relating to policy); 58 Pa. Code § 69.44 (relating to review of permit applications); and 58 Pa. Code § 79.4 (relating to possession permits for native species).
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