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PA Bulletin, Doc. No. 03-443




[58 PA. CODE CHS. 51, 91 AND 93]

Issuing Agents; Boating Safety Education Certificates

[33 Pa.B. 1348]

   The Fish and Boat Commission (Commission) amends Chapters 51, 91 and 93 (relating to administrative provisions; general provisions; and boat registration and numbering). 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 the order adopting the amendments 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 (

C.  Statutory Authority

   Section 51.10 (relating to representation as issuing agent) is published under the authority of sections 2711(c) and 5304(d.1) of the code (relating to issuing agents; and issuing agents). The amendment to § 51.35 (relating to operation of issuing agency) is published under the authority of section 2711 of the code. The amendment to § 91.6 (relating to Boating Safety Education Certificates) is published under the statutory authority of section 5123 of the code (relating to general boating regulations). The amendment to § 93.13 (relating to issuing agents) is published under the statutory authority of section 5304(d.1) of the code.

D.  Purpose and Background

   The final-form rulemaking is designed to update, modify and improve the Commission's regulations pertaining to issuing agents and Boating Safety Education Certificates. The specific purpose of the final-form rulemaking is described in more detail under the summary of changes.

E.  Summary of Changes

   (1)  Sections 51.10 and 93.13. Several regions of the Commission's Bureau of Law Enforcement reported that there had been problems with issuing agents for temporary boat registrations and notaries who are not Commission agents giving the public the impression that they have the ability to renew boat registrations. Accordingly, the Commission amended these sections as proposed.

   (2)  Section 51.35. Section 2711 of the code provides that the Commission may establish administrative fees for fishing license issuing agents. This section further provides that county treasurers and issuing agents active on or before January 1, 2000, shall be exempt from payment of administrative fees established by the Commission. Accordingly, the Commission amended its regulations to require new fishing license issuing agents to pay a one-time, nonrefundable fee of $100 to help offset the Commission's costs. Last year, the Commission adopted a similar amendment requiring new issuing agents for temporary boat registrations to pay a one-time, nonrefundable fee of $100. The Commission amended § 51.35 as proposed.

   (3)  Section 91.6. One of the Commission's waterways conservation officers recently reported that he encountered an individual who was in possession of a Boating Safety Education Certificate that belonged to another person. This individual had not taken any boating course and had borrowed his cousin's certificate while operating a personal watercraft. The officer recognized the personal watercraft and the name on the certificate as someone he had cited a week earlier. The Commission suspects that this occurrence was not an isolated one.

   Section 2705 of the code (relating to improper license use and false application) provides that a person may not alter, borrow, lend or transfer a license authorized under the code or give any false or misleading information to an issuing agent or to the Commission, its officers or agents in an application for a license. However, this provision speaks in terms of licenses and does not extend to Boating Safety Education Certificates. Accordingly, the Commission amended § 91.6, as proposed, to address this loophole.

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 amendment to § 51.35 will impose a one-time, nonrefundable fee of $100 on new issuing agents only. The Commission anticipates that it will receive applications from approximately 30 new issuing agents each year. The final-form rulemaking will impose no new costs on the general public.

H.  Public Involvement

   A notice of proposed rulemaking was published at 32 Pa.B. 4726 (September 28, 2002). The Commission did not receive any public comments regarding the proposed rulemaking.


   The Commission finds that:

   (1)  Public notice of intention to adopt the amendments 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 amendments of the Commission in the manner provided in this order is necessary and appropriate for administration and enforcement of the authorizing statutes.


   The Commission, acting under the authorizing statutes, orders that:

   (a)  The regulations of the Commission, 58 Pa. Code Chapters 51, 91 and 93, are amended by adding § 51.10 and by amending §§ 51.35, 91.6 and 93.13 to read as set forth at 32 Pa.B. 4726.

   (b)  The Executive Director will submit this order and 32 Pa.B. 4726 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. 4726 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.

Executive Director

   Fiscal Note:  Fiscal Note 48A-132 remains valid for the final adoption of the subject regulations.

[Pa.B. Doc. No. 03-443. Filed for public inspection March 14, 2003, 9:00 a.m.]


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