Title 58--RECREATION FISH AND BOAT COMMISSION [58 PA. CODE CHS. 57, 61, 63, 65, 93 AND 97] Water Quality; Fishing and Boating [29 Pa.B. 5717] The Fish and Boat Commission (Commission) by this order amends Chapters 57, 61, 63, 65, 93 and 97. The Commission is publishing these amendments under the authority of 30 Pa.C.S. (relating to Fish and Boat Code) (code). The amendments relate to general provisions, fishing and boating.
A. Effective Date
These amendments will go into effect immediately upon publication of this order in the Pennsylvania Bulletin.
B. Contact Person
For further information on the amendments, contact Laurie E. Shepler, Assistant Counsel, (717) 657-4546, P. O. Box 67000, Harrisburg, PA 17106-7000. This final rulemaking is available electronically through the Commission's Web site at http://www.fish.state.pa.us.
C. Statutory Authority
The amendments are published under the statutory authority of section 10 of the Sunshine Act (65 P. S. § 280) and section 506 of The Administrative Code of 1929 (71 P. S. § 186). These amendments also are published in accordance with section 204 of the act of July 31, 1968 (P. L. 769, No. 240) (CDL) (45 P. S. § 1204), which provides that an agency may omit or modify the procedures specified in sections 201 and 202 of the CDL (45 P. S. §§ 1201 and 1202) if the agency for good cause finds (and incorporates the finding and a brief statement of the reasons therefor in the order adopting the administrative regulation or change therein) that the procedures specified in sections 201 and 202 of the CDL are under the circumstances impracticable, unnecessary or contrary to the public interest.
D. Purpose and Background
Under § 51.5 (relating to correction of regulations), the Executive Director is authorized to take immediate corrective action on the Commission's behalf if the Executive Director or the Commission's staff discovers an error or omission in the text of a Commission regulation as published in the Pennsylvania Code or Pennsylvania Bulletin. It has been brought to the Commission's attention that there are errors in the text of several Commission regulations, as more particularly described in the following summary of changes. The purpose of the amendments is to correct these errors.
E. Summary of Changes
(1) Section 57.3 (relating to policy on water quality designation). The Commission has amended this section to change the name of the ''Department of Environmental Resources'' to the ''Department of Environmental Protection.''
(2) Section 61.3 (relating to Pymatuning Reservoir). The Commission has amended this section to delete the word ''creel'' from the heading ''daily creel limit'' so that the heading is consistent with the headings in other sections.
(3) Section 63.10 (relating to ice fishing). The Commission has amended this section to change ''§ 53.6 (relating to miscellaneous prohibitions)'' to ''§ 63.6 (relating to authorized devices for game fish, baitfish and fishbait).''
(4) Section 65.23 (relating to special restrictions on polluted zones). The Commission has amended this section to change slightly the wording of the last sentence.
(5) Section 65.24 (relating to miscellaneous special regulations). The Commission has amended this section to correct a typographical error.
(6) Sections 93.3, 93.4 and 93.7 (relating to application for boat registration; certificate of registration; duplicate certificate of registration). The Commission has amended these sections to change ''sticker'' to ''decal.'' The Commission has also amended § 93.3 to reflect the current name of the affidavit of purchase/ownership form.
(7) Section 93.12 (relating to dealers, manufacturers and jobbers). The Commission has amended this section to reflect the current name of the Licensing and Registration Section.
(8) Section 97.1 (relating to personal flotation devices). The Commission has amended this section to delete the erroneous reference to safety standards for boats.
F. Paperwork
The amendments hereby adopted will not increase paperwork and will create no new paperwork requirements.
G. Fiscal Impact
The amendments hereby adopted will have no adverse fiscal impact on the Commonwealth or its political subdivisions. The amendments will impose no new costs on the private sector or the general public.
H. Public Involvement
Under section 204 of the CDL, an agency may omit the procedures specified in sections 201 and 202 of the CDL if the agency finds that these procedures are unnecessary. The Commission, therefore, did not publish these amendments as a notice of proposed rulemaking or solicit public comment.
Findings
The Commission finds that:
(1) Errors were discovered in the text of 58 Pa. Code §§ 57.3, 61.3, 63.10, 65.23, 65.24, 93.3, 93.4, 93.7, 93.12 and 97.1 as published in the Pennsylvania Code.
(2) Under 58 Pa. Code § 51.5, the Executive Director is authorized to take immediate corrective action on behalf of the Commission, including, if necessary, the issuance of an order to make the necessary correction, if the Executive Director or the Commission's staff discovers an error in the text of a Commission regulation as published in the Pennsylvania Code.
(3) Under the circumstances, the procedures of sections 201 and 202 of the CDL are unnecessary.
Order
The Commission, acting under the authorizing statutes, orders that:
(A) The regulations of the Commission, 58 Pa. Code Chapters 57, 61, 63, 65, 93 and 97, are amended by amending §§ 57.3, 61.3, 63.10, 65.23, 65.24, 93.3, 93.4, 93.7, 93.12 and 97.1 to read as set forth at Annex A, with ellipses referring to the existing text of the regulations.
(B) The Executive Director will submit this order and Annex A to the Office of Attorney General for approval as to legality as required by law.
(C) The Executive Director shall certify this order and Annex A 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.
PETER A. COLANGELO,
Executive DirectorFiscal Note: 48A-101. No fiscal impact; (8) recommends adoption.
Annex A TITLE 58. RECREATION PART II. FISH AND BOAT COMMISSION Subpart A. GENERAL PROVISIONS CHAPTER 57. STATEMENTS OF POLICY § 57.3. Policy on water quality designation.
It is the policy of the Commission to advance and seek, when supported by the current data base, the highest Department of Environmental Protection water quality designation for waters of this Commonwealth in order to achieve the objectives of this chapter.
Subpart B. FISHINGCHAPTER 61. SEASONS, SIZES AND CREEL LIMITS § 61.3. Pymatuning Reservoir.
* * * * * (c) Except as provided by special regulations the following sizes and creel limits apply to Pymatuning Reservoir; no closed season applies:
SPECIES MINIMUM DAILY SIZE LIMIT * * * * * MUSKELLUNGE AND MUSKELLUNGE HYBRIDS 30 inches 2 CHAPTER 63. GENERAL FISHING REGULATIONS § 63.10. Ice fishing.
* * * * * (b) It is unlawful while ice fishing to use more than five tip-ups or more than the quantity of other legal devices authorized by § 63.6 (relating to authorized devices for game fish, baitfish and fishbait) or to fish through holes that measure more than 10 inches between the farthest points as measured in any direction.
* * * * * CHAPTER 65. SPECIAL FISHING REGULATIONS § 65.23. Special restrictions on polluted zones.
* * * * * (c) This section may not be construed to relieve the person or entity responsible for placing or allowing harmful substances to be present in fishing waters from criminal or civil liability for acts or omissions with regard to the substances. This section does not place liability or duty on the Commonwealth or the Commission or their employes, officers, agents or assigns, to locate, identify or post waters where harmful substances may be present; nor may the Commonwealth, the Commission or their officers, employes, agents or assigns be liable for the consequences of harmful substances being present in fishing waters. This section does not confer or convey ownership, control or jurisdiction, over these waters on the Commission except as may be otherwise provided by law or regulation.
§ 65.24. Miscellaneous special regulations.
The following waters are subject to the following miscellaneous special regulations:
County Name of Water Special Regulations * * * * *
Wayne Duck Harbor Pond * * * West Branch Delaware River Trout: From the Pennsylvania/New York border Delaware downstream to the confluence with the East River Branch of the Delaware River: no-harvest artificial lures only season on trout from October 1 until midnight of the Friday before opening day of trout season. During the no-harvest artificial lures only season:
1. Fishing may be done with artificial lures only, constructed of metal, plastic, rubber or wood, or flies or streamers constructed of natural or synthetic materials. Lures may be used with spinning or fly fishing gear. Anything other than these items is prohibited. Specifically prohibited are the use of molded facsimiles or replicas of insects, earthworms, fish eggs, fish or any invertebrate or vertebrate either singly or in combination with other materials.
2. The use or possession of natural bait, baitfish and fishbait and the use of other devices, natural or synthetic, capable of catching fish other than artificial lures is prohibited.
3. The daily creel limit for trout is 0.* * * * *
Subpart C. BOATINGCHAPTER 93. BOAT REGISTRATION AND NUMBERING Subchapter A. REGISTRATION OF BOATS § 93.3. Application for boat registration.
(a) New registration. Application for a boat registration for a new boat or a used boat that was not previously registered in this Commonwealth shall conform with the following:
* * * * * (2) Required information. The applicant shall provide the following information on the application (REV-336) for a boat registration:
* * * * * (xiii) A certificate of ownership. For initial registration in this Commonwealth this shall be supported by title, bill of sale, a complete Form PFBC-734 ''Affidavit of Purchase/Ownership'' or other positive proof of ownership.
* * * * * (d) Transfer of registration to new boat. The holder of a valid Pennsylvania registration certificate on a boat previously owned by the holder may transfer the registration certificate for the remainder of the original boat's registration period to a new boat upon payment of the transfer fee for multiyear registrations as set forth in the code and submission of a complete Form PFBC R-4. If the registration fee for the new boat is greater than the registration fee for the old boat based on the length of the boat, the applicant shall also pay the difference between the registration fees for the new and old boat. The applicant shall submit the certificate of registration for the old boat and certify that the validation decals have been removed from the old boat at the time of transfer. The old boat's number shall remain with the old boat, and the new boat shall be issued a new number unless it was previously numbered in this Commonwealth.
§ 93.4. Certificate of registration.
(a) The owner shall sign the certificate of registration, Form PFBC-730b, in ink and place numbered, registration certificate validation decal on the reverse side of the certificate to validate the registration. A registration certificate is not valid unless a decal is applied.
* * * * * § 93.7. Duplicate certificate of registration.
The Commission will issue a duplicate certificate of registration upon receipt of Form PFBC-730a or Form PFBC-732 from the registered owner and payment of the appropriate fee. The Commission will not issue the numbered registration certificate validation decal for duplicate registrations, but the lack of the decal will not affect the validity of a duplicate registration certificate.
§ 93.12. Dealers, manufacturers and jobbers.
* * * * * (g) Boat dealers, jobbers or manufacturers who take in trade a boat bearing previous Pennsylvania boat registration are required, within 15 days of obtaining the boat, to place the boat under the dealer/jobber/manufacturer's dealer registration. The dealer, jobber or manufacturer shall complete Form PFBC-336 and forward it to the Licensing and Registration Section. No fee is applicable to a transaction when dealers place boats taken in trade under their dealer registrations. It is unlawful for a boat dealer, jobber or manufacturer to operate or allow to be operated a boat received in trade bearing a Pennsylvania boat registration until the boat is placed under their dealer registration under this subsection.
CHAPTER 97. OPERATOR PROVIDED EQUIPMENT § 97.1. Personal flotation devices.
* * * * * (c) A Type V PFD may be carried in lieu of a PFD required under subsection (a) if:
* * * * * [Pa.B. Doc. No. 99-1867. Filed for public inspection November 5, 1999, 9:00 a.m.]
