RULES AND REGULATIONS
FISH AND BOAT COMMISSION
[58 PA. CODE CH. 63]
Fishing; General Fishing Regulations
[52 Pa.B. 5949]
[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 fish processing at noncommercial officially-recognized fish cleaning stations.
A. Effective Date
This final-form rulemaking shall take 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 § 63.15a (relating to officially-recognized fish cleaning stations) 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
Waterways Conservation Officers (WCO) of the Commission are requesting that a 2-inch by 2-inch piece of skin remain on fish fillets and the chunking of the fillets be prohibited. This will assist in the identification of fish that are harvested and processed at noncommercial officially-recognized fish cleaning stations throughout this Commonwealth. Without the skin, it is difficult for WCOs to identify the species of fish from the fillet. Chunking makes it difficult for WCOs to identify the number of fish filleted.
Staff from the Commission's Bureau of Law Enforcement have conferred and support a change to the regulation which would prohibit the removal of skin from fish fillets at noncommercial officially-recognized fish cleaning stations. This will simplify the identification of the fish that are harvested or processed at these locations.
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. 3434 (June 18, 2022). The Commission received a total of two public comments 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 two comments were received: both opposed the proposal.
(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 § 63.15a to read as set forth at 52 Pa.B. 3434.
(B) The Executive Director will submit this order and 52 Pa.B. 3434 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. 3434 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-332 remains valid for the final adoption of the subject regulation.
[Pa.B. Doc. No. 22-1422. Filed for public inspection September 16, 2022, 9:00 a.m.]
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