RULES AND REGULATIONS
FISH AND BOAT COMMISSION
[58 PA. CODE CH. 63]
Fishing; General Fishing Regulations
[52 Pa.B. 5947]
[Saturday, September 17, 2022]
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). The amendment updates the Commission's regulations pertaining to unlawful methods of taking fish.
A. Effective Date
This final-form rulemaking will go into effect upon publication in the Pennsylvania Bulletin.
B. Contact Person
For further information on this 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.fishandboat.com.
C. Statutory Authority
The amendment to § 63.5 (relating to methods of fishing) is published under the statutory authority of section 2102(a) of the code (relating to rules and regulations).
D. Purpose and Background
The specific purpose and background of the amendment is described in more detail under the summary of changes.
E. Summary of Changes
Over the last several seasons, Waterways Conservation Officers (WCO) of the Commission have asked to update § 63.5 to include the attempt to take fish by unlawful methods. WCOs have noticed an increase in individuals using nets to attempt to take fish. This request is primarily in response to issues during the Steelhead Run in the Lake Erie tributaries but would have application in other areas of this Commonwealth. For consistency, similar language exists in § 63.9 (relating to snatch fishing, foul hooking and snag fishing).
Staff from the Commission's Bureau of Law Enforcement have conferred and support a change to the regulation that would prohibit the attempt to take fish by unlawful methods.
This final-form rulemaking will not increase paperwork and will not create new paperwork requirements.
G. Fiscal Impact
This final-form rulemaking will have no adverse fiscal impact on the Commonwealth or its political subdivisions.
H. Public Comments
A notice of proposed rulemaking was published at 52 Pa.B. 3321 (June 11, 2022). The Commission received a total of one public comment opposing the proposal.
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), referred to as the Commonwealth Documents Law, and the regulations promulgated thereunder, 1 Pa. Code §§ 7.1 and 7.2 (relating to notice of proposed rulemaking required; and adoption of regulations).
(2) A public comment period was provided, and a total of one public comment opposing the proposal was 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 Chapter 63, are amended by amending § 63.5 to read as set forth at 52 Pa.B. 3321.
(B) The Executive Director will submit this order and 52 Pa.B. 3321 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 52 Pa.B. 3321 and deposit them with the Legislative Reference Bureau as required by law.
(D) This order shall take effect upon publication in the Pennsylvania Bulletin.
TIMOTHY D. SCHAEFFER,
Fiscal Note: Fiscal Note 48A-330 remains valid for the final adoption of the subject regulation.
[Pa.B. Doc. No. 22-1419. Filed for public inspection September 16, 2022, 9:00 a.m.]
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