Title 58—RECREATION FISH AND BOAT COMMISSION [ 58 PA. CODE CH. 63 ] Fishing; General Fishing Regulations [41 Pa.B. 2950]
[Saturday, June 11, 2011]The Fish and Boat Commission (Commission) amends Chapter 63 (relating to general fishing regulations). 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 on January 1, 2012.
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 § 63.6 (relating to authorized devices for game fish, baitfish and fishbait) 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 fishing regulations. The specific purpose of the amendment is described in more detail under the summary of change.
E. Summary of Change
Under § 63.6, no more than two lines may be used at one time when fishing, except while ice fishing under § 63.10 (relating to ice fishing). This restriction dates back to at least the 1930s. Recently, several anglers have expressed interest in having this regulation amended to allow for the use of three lines.
Because harvest is primarily controlled through the use of season, size limit and creel limit regulations, a change in the number of devices from two to three should have little effect on managing the fisheries in this Commonwealth. Concerns about this change are likely to be social. The Commission therefore proposed amending § 63.6 to allow for the use of three lines.
The Commission amends § 63.6 to read as set forth in the proposed rulemaking published at 40 Pa.B. 7237 (December 18, 2010).
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 adverse fiscal impact on the Commonwealth or its political subdivisions. The final-form rulemaking will not impose new costs on the private sector or the general public.
H. Public Involvement
The proposed rulemaking containing the proposed amendment and soliciting public comments for 60 days was published at 40 Pa.B. 7237. The Commission received a total of 227 comments as of the close of the public comment on February 15, 2011. Comments received prior to the October 2010 meeting at which the Commission approved the proposed rulemaking were not counted. However, copies of those public comments were provided to the Commissioners at their April 2010 meeting. Of the 227 comments received after the October meeting, 7 were received before the comment period and 220 were received during the comment period. There was overwhelming support for this final-form rulemaking. Copies of all public comments were to the Commissioners.
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 all public comments received were considered.
(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 63, are amended by amending § 63.6 to read as set forth at 40 Pa.B. 7237.
(b) The Executive Director will submit this order and 40 Pa.B. 7237 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 40 Pa.B. 7237 and deposit them with the Legislative Reference Bureau as required by law.
(d) This order shall take effect January 1, 2012.
JOHN A. ARWAY,
Executive DirectorFiscal Note: Fiscal Note 48A-224 remains valid for the final adoption of the subject regulation.
[Pa.B. Doc. No. 11-961. Filed for public inspection June 10, 2011, 9:00 a.m.]
