RULES AND REGULATIONS
Title 58—RECREATION
FISH AND BOAT COMMISSION
[ 58 PA. CODE CHS. 63, 97 AND 103 ]
Fishing; Boating
[45 Pa.B. 1616]
[Saturday, April 4, 2015]The Fish and Boat Commission (Commission) amends Chapters 63, 97 and 103 (relating to general fishing regulations; operator provided equipment; and rules of the road). The Commission is publishing this final-omitted rulemaking under the authority of 30 Pa.C.S. (relating to Fish and Boat Code) (code) and other authorities described as follows.
A. Effective Date
This final-omitted rulemaking will go into effect immediately upon publication in the Pennsylvania Bulletin.
B. Contact Person
For further information on the final-omitted rulemaking, contact Laurie E. Shepler, Esq., P. O. Box 67000, Harrisburg, PA 17106-7000, (717) 705-7810. This final-omitted rulemaking is available on the Commission's web site at www.fish.state.pa.us.
C. Statutory Authority
These amendments are published under the statutory authority of section 506 of The Administrative Code of 1929 (71 P. S. § 186). These amendments also are published in accordance with section 204(3) of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. § 1204(3)), known as the Commonwealth Documents Law (CDL), which provides that an agency may omit or modify the procedures specified in sections 201 and 202 of the CDL (45 P. S. §§ 1201 and 1202) if the administrative regulation or change relates to agency organization, management or personnel; agency procedure or practice; or Commonwealth property or if the agency for good cause finds (and incorporates the finding and a brief statement of the reasons therefor in the order adopting the administrative regulation or change therein) that the procedures specified in sections 201 and 202 of the CDL are under the circumstances impracticable, unnecessary or contrary to the public interest.
D. Purpose and Background
Under § 51.5 (relating to correction of regulations), the Executive Director is authorized to take immediate corrective action on the Commission's behalf if the Executive Director or the Commission's staff discovers an error or omission in the text of a Commission regulation as published in the Pennsylvania Code or the Pennsylvania Bulletin.
On January 1, 2015, amended regulations pertaining to the possession, sale, introduction, importation and transportation of native and nonnative crayfish species went into effect. One of the amended regulations, § 63.46 (relating to sale, purchase or barter of injurious species), was intended to prohibit the sale, purchase and barter of both native and nonnative species. The final-omitted rulemaking reflects that intent. However, the heading of this section was not amended to delete the reference to nonnative species. The purpose of this final-omitted rulemaking is to correct the section heading.
In 2010, the Inland Navigation Rules Act of 1980 (act) was rescinded and the rules were moved to 33 CFR Part 83 (relating to rules). Another purpose of this final-omitted rulemaking is to correct references to the act in the Commission's regulations.
E. Summary of Changes
The Commission amends § 63.46 to delete ''nonnative'' from the section heading. In addition, the Commission amends §§ 97.3 and 103.1 (relating to sound producing devices; and general) to delete references to the act and correctly cite 33 CFR Part 83. The Commission amends §§ 63.46, 97.3 and 103.1 to read as set forth in Annex A.
F. Paperwork
This final-omitted rulemaking will not increase paperwork and will not create new paperwork requirements.
G. Fiscal Impact
This final-omitted rulemaking will not have adverse fiscal impact on the Commonwealth or its political subdivisions. The final-omitted rulemaking will impose no new costs on the private sector or the general public.
H. Public Involvement
Under section 204(3) of the CDL, an agency may omit the procedures specified in sections 201 and 202 of the CDL if the agency for good cause finds (and incorporates the finding and a brief statement of the reasons therefor in the order adopting the administrative regulation or change therein) that the procedures specified in sections 201 and 202 of the CDL are under the circumstances impracticable, unnecessary or contrary to the public interest. The Commission, therefore, did not publish these amendments as a notice of proposed rulemaking or solicit public comment.
Findings
The Commission finds that:
(1) Errors were discovered in the text of §§ 63.46, 97.3 and 103.1 as published in the Pennsylvania Code.
(2) Under § 51.5, the Executive Director is authorized to take immediate corrective action on behalf of the Commission, including, if necessary, the issuance of an order to make the necessary correction, if the Executive Director or the Commission's staff discovers an error in the text of a Commission regulation as published in the Pennsylvania Code.
(3) Because the nature of the amendments is minor and designed to correct errors, the Commission finds that the procedures of sections 201 and 202 of the CDL are unnecessary.
Order
The Commission, acting under the authorizing statutes, orders that:
(a) The regulations of the Commission, 58 Pa. Code Chapters 63, 97 and 103, are amended by amending §§ 63.46, 97.3 and 103.1 to read as set forth at Annex A.
(b) The Executive Director will submit this order and Annex A to the Attorney General for approval as to legality as required by law.
(c) The Executive Director shall certify this order and Annex A and deposit the same with the Legislative Reference Bureau as required by law.
(d) This order shall take effect immediately upon publication in the Pennsylvania Bulletin.
JOHN A. ARWAY,
Executive DirectorFiscal Note: 48A-262. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 58. RECREATION
PART II. FISH AND BOAT COMMISSION
Subpart B. FISHING
CHAPTER 63. GENERAL FISHING REGULATIONS § 63.46. Sale, purchase or barter of injurious species.
It is unlawful for a person to sell, purchase, offer for sale or barter the following live species in this Commonwealth:
(1) Snakehead (all species).
(2) Black carp (Mylopharyngodon piceus).
(3) Bighead carp (Hypophtalmichtys nobilis).
(4) Silver carp (Hypophtalmichtys molitrix).
(5) Zebra mussel (Dreissena polymorpha).
(6) Quagga mussel (Dreissena bugensis).
(7) Round goby (Neogobius melanostomus).
(8) Tubenose goby (Proterorhinus marmoratus).
(9) European rudd (Scardinius erythropthalmus).
(10) Crayfish (all species) except when:
(i) They are sold, purchased, offered for sale or bartered for testing and scientific purposes or restaurant consumption.
(ii) Adequate measures have been taken to prevent their escape.
(iii) They are accompanied by documentation stating the point of origin and the destination to which they are to be delivered.
(11) Ruffe (Gymnocephalus cernuus).
Subpart C. BOATING
CHAPTER 97. OPERATOR PROVIDED EQUIPMENT § 97.3. Sound producing devices.
(a) Motorboats 12 meters or more in length. A motorboat 12 meters (39.4 feet) or more in length shall carry sound producing devices as prescribed by 33 CFR Part 83 (relating to rules).
(b) Motorboats less than 12 meters. A motorboat less than 12 meters (39.4 feet) in length shall carry some mechanical means of making a sound signal. This device may be hand, mouth or power operated. An athletic coach's whistle is an acceptable sound producing device for small motorboats.
(c) Unpowered boats. Unpowered boat operators are required to carry a device capable of sounding a prolonged blast for 4-6 seconds that can be heard by another boat operator in time to avoid a collision. An athletic coach's whistle is an acceptable sound producing device for unpowered boats. It is unlawful to use a sound producing device on the water under any circumstance except in the following situations:
(1) Assistance is needed because of immediate or potential danger to the persons onboard.
(2) It is necessary to attract the attention of another boat.
(d) Device accessibility. Sound signaling devices shall be readily accessible to the operator of the boat.
CHAPTER 103. RULES OF THE ROAD § 103.1. General.
(a) Every boater is responsible for avoiding a boating accident. This subpart is to give predictability to meeting, crossing and overtaking situations, but does not replace accurate analysis of the situation and taking necessary action to avoid collision, even if it means diverging from this subpart.
(b) Every boat operating on the inland waters of this Commonwealth, which includes Lake Erie, shall comply with 33 CFR 83.02 (relating to responsibility (Rule 2)).
[Pa.B. Doc. No. 15-598. Filed for public inspection April 3, 2015, 9:00 a.m.]
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