Title 58--RECREATION FISH AND BOAT COMMISSION [58 PA. CODE CH. 53] Commission Property [33 Pa.B. 1228] The Fish and Boat Commission (Commission) amends Chapter 53 (relating to Commission property). The Commission is publishing this final-form rulemaking under the authority of 30 Pa.C.S. (relating to the Fish and Boat Code) (code).
A. Effective Date
The final-form rulemaking will go into effect upon publication of this order adopting the amendment in the Pennsylvania Bulletin.
B. Contact Person
For further information on the final-form rulemaking, contact Laurie E. Shepler, Assistant Counsel, P. O. Box 67000, Harrisburg, PA 17106-7000, (717) 705-7815. This final-form rulemaking is available electronically through the Commission's website (http://www.fish.state.pa.us).
C. Statutory Authority
The amendment to § 53.8 (relating to boats) is published under the statutory authority of section 741 of the code (relating to control of property).
D. Purpose and Background
The final-form rulemaking is designed to update, modify and improve the Commission's regulations pertaining to its property. The specific purpose of the final-form rulemaking is described in more detail under the summary of changes.
E. Summary of Changes
A Commission waterways conservation officer recently cited an individual for retrieving an unregistered and unpermitted canoe from the Commission's Upper Black Eddy access on the Delaware River. At the hearing before the district justice, the individual argued that he was not in violation of the Commission's regulations because the registration requirement of § 53.8(h) does not apply to noncommercial users of all accesses on the Delaware River. The district justice ruled in his favor. Accordingly, the Commission amended this section as proposed to avoid further misinterpretation.
F. Paperwork
The final-form rulemaking will not increase paperwork and will create no new paperwork requirements.
G. Fiscal Impact
The final-form rulemaking will have no adverse fiscal impact on the Commonwealth or its political subdivisions. The final-form rulemaking will impose no new costs on the private sector or the general public.
H. Public Involvement
A notice of proposed rulemaking was published at 32 Pa.B. 6261 (December 21, 2002). The Commission did not receive public comments regarding the proposal.
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 no comments were received.
(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 53, are amended by amending § 53.8 to read as set forth at 32 Pa.B. 6261.
(b) The Executive Director will submit this order and 32 Pa.B. 6261 to the Office of Attorney General for approval as to legality as required by law.
(c) The Executive Director shall certify this order and 32 Pa.B. 6261 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: Fiscal Note 48A-138 remains valid for the final adoption of the subject regulation.
[Pa.B. Doc. No. 03-391. Filed for public inspection March 7, 2003, 9:00 a.m.]
