FISH AND BOAT COMMISSION Temporary Changes to Fishing Regulations; Amendment to 58 Pa. Code § 51.92 [40 Pa.B. 7446]
[Saturday, December 25, 2010]The Executive Director of the Fish and Boat Commission (Commission), acting under the authority of 58 Pa. Code § 65.25 (relating to temporary changes to fishing regulations), has taken immediate action to amend 58 Pa. Code § 51.92 (relating to royalty rates) to impose new royalty rates for sand and gravel extracted from Commonwealth waters, effective January 1, 2011. Specifically, persons holding permits that grant them nonexclusive rights and privileges to dredge, excavate, remove and carry away merchantable sand and gravel under agreements with the Department of Environmental Protection (Department) shall pay royalties in accordance with the following schedule:
(1) During the period of January 1, through December 31, 2011, the greater of $1,000 or $0.48 per dry ton.
(2) During the period of January 1, 2012, through December 31, 2015, the greater of $1,000 or 6.75% of the immediately preceding year's published price, average value, dollars per metric ton (converted to United States ton) for the commodity sand and gravel in the U.S. Geological Survey, Mineral Commodity Summary per dry ton, provided that the rate per dry ton is not less than $0.48.
(3) During the period of January 1, 2016, through December 31, 2020, the greater of $1,000 or 7.0% of the immediately preceding year's published price, average value, dollars per metric ton (converted to United States ton) for the commodity sand and gravel in the U.S. Geological Survey, Mineral Commodity Summary per dry ton, provided that the rate per dry ton is not less than $0.48.
There are five companies that currently dredge material from the navigable waters of this Commonwealth and pay royalties to the Commission. Royalties from sand and gravel extracted from Commonwealth waters are paid to the Fish Fund, which is administered under 30 Pa.C.S. Chapter 5 (relating to fiscal affairs).
Under section 503(c) of the Conservation and Natural Resources Act (71 P. S. § 1340.503(c)), the Commission, with the Department's concurrence, is authorized to adjust the amount of royalty payments per ton or cubic yard of usable or merchantable, or both, sand or gravel, or both, extracted from Commonwealth waters. The current royalty rate schedule, which was adopted in 1997 and is set forth in 58 Pa. Code § 51.92, will expire on December 31, 2010. At its meeting on July 13, 2010, the Commission approved the publication of proposed rulemaking containing the proposed amendments to 58 Pa. Code § 51.92. The proposed rulemaking was published at 40 Pa.B. 6151 (October 23, 2010), and the Commission will consider final adoption of the proposed amendments at its January 2011 meeting. The Department concurs with the Commission's proposed royalty rates as published in the Pennsylvania Bulletin, and upon the Commission's adoption of the proposed rates, the Department will concur with the final rates.
The Commission will notify the parties that are affected by this temporary modification to fishing regulations, and the modified regulation will be fully effective and enforceable. The Executive Director has found that this action is necessary and appropriate for the management of fish and fish habitat. The temporary modification will go into effect on January 1, 2011, and will remain in effect until the Commission, by appropriate action, amends 58 Pa. Code § 51.92.
JOHN A. ARWAY,
Executive Director[Pa.B. Doc. No. 10-2474. Filed for public inspection December 23, 2010, 9:00 a.m.]
