Title 58—RECREATION FISH AND BOAT COMMISSION [ 58 PA. CODE. CH. 51 ] Administrative Provisions; Resident and Nonresident Fishing Licenses [44 Pa.B. 1762]
[Saturday, March 22, 2014]The Fish and Boat Commission (Commission) amends Chapter 51 (relating to administrative provisions). The Commission is publishing this final-form rulemaking under the authority of 30 Pa.C.S. (relating to Fish and Boat Code) (code).
A. Effective Date
The final-form rulemaking will go into effect upon publication in the Pennsylvania Bulletin.
B. Contact Person
For further information on the final-form rulemaking, contact Wayne Melnick, Esq., P.O. Box 67000, Harrisburg, PA 17106-7000, (717) 705-7810. This final-form rulemaking is available on the Commission's web site at www.fish.state.pa.us.
C. Statutory Authority
The amendment to § 51.32 (relating to resident and nonresident licenses) is published under the statutory authority of section 2102 of the code (relating to rules and regulations).
D. Purpose and Background
The final-form rulemaking is designed to improve, enhance and update the Commission's administrative regulations. The specific purpose of the amendment is described in more detail under the summary of change.
E. Summary of Change
Under former § 51.32(d), a Senior Resident Lifetime Fishing License became invalid when the holder establishes residency in another state. While not as specific as § 51.32(d), § 51.32(a) and (c) have been interpreted to mean that other fishing licenses become invalid upon a change in residency.
With the advent of multiyear fishing licenses, the Commission anticipates some confusion arising among anglers who purchase a multiyear license, move out-of-State and expect to be able to continue fishing with the multiyear license. The Commission believes that the benefits of providing clarity to anglers and encouraging fishing outweigh revenue to be gained by requiring license holders to purchase a new fishing license after they change their state of residence. License holders will still be required to display their license and possess a positive means of identification as required under section 2703(a) of the code (relating to possession and display of licenses).
The Commission amends § 51.32 to provide that a resident fishing license will remain valid for the year or years for which it is issued regardless of whether the holder is no longer a bona fide resident of this Commonwealth. The Commission amends § 51.32 to read as set forth in the proposed rulemaking published at 43 Pa.B. 5462 (September 14, 2013).
F. Paperwork
The final-form rulemaking will not increase paperwork and will not create new paperwork requirements.
G. Fiscal Impact
The final-form rulemaking will not have an adverse fiscal impact on the Commonwealth or its political subdivisions. Fiscal impacts to the Commission will be nominal.
The final-form rulemaking will not impose new costs on the private sector or the general public. It will result in a cost savings to anglers who purchase a resident license and then move out of this Commonwealth prior to the expiration of the license. These anglers will not be required to purchase a nonresident license until their current license expires.
H. Public Involvement
Notice of proposed rulemaking was published at 43 Pa.B. 5462. The Commission did not receive public comments concerning the proposed rulemaking.
Findings
The Commission finds that:
(1) Public notice of intention to adopt the amendment adopted by this order has been given under sections 201 and 202 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. §§ 1201 and 1202) and the regulations promulgated thereunder, 1 Pa. Code §§ 7.1 and 7.2.
(2) A public comment period was provided, and the Commission did not receive public comments concerning the proposed rulemaking.
(3) The adoption of the amendment of the Commission in the manner provided in this order is necessary and appropriate for administration and enforcement of the authorizing statutes.
Order
The Commission, acting under the authorizing statutes, orders that:
(a) The regulations of the Commission, 58 Pa. Code Chapter 51, are amended by amending § 51.32 to read as set forth at 43 Pa.B. 5462.
(b) The Executive Director will submit this order and 43 Pa.B. 5462 to the Office of Attorney General for approval as to legality and form as required by law.
(c) The Executive Director shall certify this order and 43 Pa.B. 5462 and deposit them with the Legislative Reference Bureau as required by law.
(d) This order shall take effect upon publication in the Pennsylvania Bulletin.
JOHN A. ARWAY,
Executive DirectorFiscal Note: Fiscal Note 48A-250 remains valid for the final adoption of the subject regulation.
[Pa.B. Doc. No. 14-582. Filed for public inspection March 21, 2014, 9:00 a.m.]
