Title 58--RECREATION FISH AND BOAT COMMISSION [58 PA. CODE CH. 63] Fishing; Tautog [37 Pa.B. 4621]
[Saturday, August 25, 2007]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 the 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 Jason E. Oyler, Esq., P. O. Box 67000, Harrisburg, PA 17106-7000, (717) 705-7810. This final-form rulemaking is available on the Commission's website at www.fish.state.pa.us.
C. Statutory Authority
The final-form rulemaking adding § 63.50 (relating to importation of tautog) is published under the statutory authority of section 2102(c) 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
It has been brought to the attention of the Commission that tautog (Tautoga onitis), a marine fish common on hard bottom from Cape Cod to Delaware, are being harvested illegally on the Atlantic coast and being sold in the live fish markets in Philadelphia. The Commission encountered a similar situation in 1993 regarding the sale of sublegal size weakfish in this Commonwealth's fish markets that was subsequently addressed with a minimum size limit on weakfish being imported into this Commonwealth.
The New Jersey Division of Fish and Wildlife Marine Conservation Officers asked the Commission to implement a 14-inch minimum size limit on tautog that are imported into this Commonwealth. This restriction will minimize this Commonwealth's black market for sublegal size tautog. Accordingly, the Commission proposed a 14-inch minimum size limit on tautog that are imported into this Commonwealth. The Commission adds § 63.50 to read as set forth in the proposed rulemaking.
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
Notice of proposed rulemaking was published at 37 Pa.B. 2694 (June 16, 2007). The Commission received one public comment from the Atlantic States Marine Fisheries Commission's Tautog Management Board supporting the proposed rulemaking.
Findings
The Commission finds that:
(1) Public notice of intention to adopt the regulation 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 comments that were received were considered.
(3) The adoption of the regulation 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 adding § 63.50 to read as set forth at 37 Pa.B. 2694.
(b) The Executive Director will submit this order and 37 Pa.B. 2694 to the Office of Attorney General for approval as to legality as required by law.
(c) The Executive Director shall certify this order and 37 Pa.B. 2694 and deposit them with the Legislative Reference Bureau as required by law.
(d) This order shall take effect upon publication in the Pennsylvania Bulletin.
DOUGLAS J. AUSTEN, Ph.D.,
Executive DirectorFiscal Note: Fiscal Note 48A-194 remains valid for the final adoption of the subject regulation.
[Pa.B. Doc. No. 07-1543. Filed for public inspection August 24, 2007, 9:00 a.m.]
