reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart A - General Provisions › Chapter 51 - ADMINISTRATIVE PROVISIONS › Subchapter D - ISSUING AGENTS › Section 51.35 - Operation of the issuing agency

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
					 person, sole proprietorship, partnership or corporation may apply to become an
					 issuing agent of the Commission for the purpose of selling fishing licenses. An
					 applicant seeking to become an issuing agent shall complete and submit to the
					 Commission an application on the form prescribed by the Commission and shall
					 pay a one-time, nonrefundable fee of $100. Applications shall be accompanied by
					 a bond in favor of the Commission, or other security in a form satisfactory to
					 the Commission, in a minimum amount specified by the Executive Director or
					 designee.
(b) An entity accepted by
					 the Commission to act as an issuing agent shall perform in the following
					 manner:
(1) An issuing agent, including county
					 treasurers, may not appoint subagents to issue fishing licenses, stamps or
					 permits.
(2) Issuing agents shall
					 file monthly reports of all fishing licenses, stamps and permits sold during
					 the month in the manner determined by the Commission. Agents may file reports
					 more frequently at the discretion of the agent.
(i) Agents shall include in their monthly
					 reports detailed sales information and remittance for all licenses, stamps and
					 permits sold during the reporting period.
(ii) Agents shall file their reports so that
					 they are received in the Harrisburg office by the 15th of the month following
					 the reportable month.
(iii) Agents
					 shall file a report even if there is no sales activity to report for the month.
					 Failure to file a report places the agency in a delinquent status.
(iv) Agents shall indicate their agent number
					 on the report, as well as the remittance.
(3) Issuing agents shall retain the third
					 copy of the license certificate for 1 year after the close of any given license
					 year.
(4) Issuing agents shall
					 maintain a bond in favor of the Commission in a minimum amount specified by the
					 Commission for each location where licenses, stamps and permits are
					 issued.
(5) An issuing agent may
					 not borrow, lend or otherwise transfer a supply of licenses, stamps or permits
					 to another agent without the prior written consent of the Commission.
(6) An issuing agent or an issuing agent's
					 employe may not provide false or misleading information on a license issued.
					 The date reported on a license sold shall be the date of the actual
					 sale.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart A - General Provisions › Chapter 51 - ADMINISTRATIVE PROVISIONS › Subchapter D - ISSUING AGENTS › Section 51.36 - Lost license certificates

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An
					 issuing agent shall replace a lost license regardless of where the licensee
					 purchased the original license.
(b)
					 If a licensee seeks to purchase a replacement license at the agency where he
					 bought the original license, the licensee shall present the original license
					 number and complete the form provided by the Commission relating to the lost
					 license certificate. If the original license number is not known, the form
					 shall be notarized.
(c) If a
					 licensee seeks to purchase a replacement license at an agency other than the
					 agency where he bought the original license, the licensee shall complete the
					 form provided by the Commission relating to the lost license certificate and
					 have it notarized.
(d) The issuing
					 agent shall write the word "DUPLICATE" and the original number, if known,
					 across the face of the replacement license certificate.
(e) The issuing agent shall attach to the
					 monthly report the form relating to the lost license certificate, any voided
					 license certificate and the original and duplicate of the license certificate.
					 The issuing agent shall record the certificate number in the body of the
					 report.
(f) If the original license
					 was sold through the Pennsylvania Automated Licensing Service (PALS) and the
					 licensee seeks to purchase a replacement license, the licensee shall present
					 the original license number or licensee's PALS customer identification number
					 to the issuing agent, and the issuing agent shall issue a replacement license,
					 including associated permits, through the PALS.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart A - General Provisions › Chapter 51 - ADMINISTRATIVE PROVISIONS › Subchapter D - ISSUING AGENTS › Section 51.37 - Application and prerequisites for becoming an issuing agent for the Pennsylvania Automated Licensing Service (PALS)

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A person, sole proprietorship,
					 partnership or corporation may apply to become an issuing agent of the
					 Commission for the purpose of selling fishing licenses and permits through the
					 PALS.
(1) An applicant seeking to become an
					 issuing agent shall complete and submit to the Commission an application on the
					 form prescribed by the Commission and pay a one-time, nonrefundable fee of
					 $250.
(2) Applications shall be
					 accompanied by a bond in favor of the Commission, or other security in a form
					 satisfactory to the Commission, in a minimum amount specified by the Executive
					 Director or designee.
(3) A person,
					 sole proprietorship, partnership or corporation that is an agent of the
					 Commission for the sale of paper licenses may sell licenses through PALS
					 without making a new application under this subsection.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart A - General Provisions › Chapter 51 - ADMINISTRATIVE PROVISIONS › Subchapter E - PERMIT PROCEDURES › Section 51.41 - General

Current through Register Vol. 54, No. 28, July 13, 2024
This subchapter establishes the agency practices and
						procedures to be followed in consideration and disposition of applications for
						permits the granting or denial of which is discretionary, including permits
						issued under sections 2902, 2903, 2905, 2906, 3106 and 3509 of the code and
						including permits issued under provisions of the code which contain the word,
						"may."
The provisions of this §
													51.41 amended under the Fish and
						  Boat Code,
						  30 Pa.C.S. §§
														928,
						  2102,
						  2305,
						  2711,
						  2903 and
						  2904.
This section cited in 58 Pa. Code §
													69.42 (relating to policy); and 58
						  Pa. Code §
													79.4 (relating to possession
						  permits for native species).
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart A - General Provisions › Chapter 51 - ADMINISTRATIVE PROVISIONS › Subchapter E - PERMIT PROCEDURES › Section 51.42 - Applications

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Forms.
Applications shall be made on forms prescribed by the
					 Executive Director. In addition to the information required by 1 Pa. Code
					 §
											35.2 (relating to contents of
					 applications), applicants shall provide other information as may be required by
					 the Executive Director to enable the Commission to fully review the
					 application. Incomplete applications will be returned without action.
(b)
Time.
An application for
					 permit shall be filed no later than 40 days before the activity to be
					 permitted; however, the Executive Director may waive this limitation for good
					 cause in cases where the permitted activity is found by the staff to be
					 unlikely to result in significant adverse impacts on fish, fish habitat,
					 fishing, boating or other matters within the cognizance of the
					 Commission.
This section cited in 58 Pa. Code §
													69.42 (relating to policy); 58 Pa.
						  Code §
													69.43 (relating to applications
						  for permits); and 58 Pa. Code §
													79.4 (relating to possession
						  permits for native species).
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart A - General Provisions › Chapter 51 - ADMINISTRATIVE PROVISIONS › Subchapter E - PERMIT PROCEDURES › Section 51.43 - Staff review

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The staff
					 will administratively review applications filed with the Commission.
(b) If, after administrative review, the
					 staff concludes that the proposed activity is unlikely to result in significant
					 adverse impacts on fish, fish habitat, fishing, boating or other matters within
					 the cognizance of the Commission as a trustee of this Commonwealth's
					 environment, the staff may dispose of the application by appropriate
					 action.
(c) If, after
					 administrative review of the application, the staff finds that the proposed
					 permitted activity creates a substantial likelihood of significant adverse
					 impacts on fish, fishing, fish habitat, boating or other matters within the
					 cognizance of the Commission as a trustee of this Commonwealth's environment,
					 the staff will defer action on the application until after publication of a
					 notice in the
Pennsylvania Bulletin
under 1 Pa. Code §
											35.105 (relating to notice of
					 nonrulemaking proceedings).
This section cited in 58 Pa. Code §
													69.42 (relating to policy); 58 Pa.
						  Code §
													69.44 (relating to review of
						  permit applications); and 58 Pa. Code §
													79.4 (relating to possession
						  permits for native species).
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart A - General Provisions › Chapter 51 - ADMINISTRATIVE PROVISIONS › Subchapter E - PERMIT PROCEDURES › Section 51.44 - Appeals

Current through Register Vol. 54, No. 28, July 13, 2024
A party aggrieved by a staff decision under this
						subchapter may appeal to the Commission in the manner provided by 1 Pa. Code
						§
											35.20 (relating to appeals from
						actions of the staff). A party appealing a staff decision may request the
						Executive Director to stay the staff decision pending disposition of the
						appeal, and the Executive Director will grant a stay for good cause shown to
						preserve the status quo, or to avoid irreparable harm to any party, or in other
						circumstances where the grant of a stay has been found appropriate in similar
						proceedings.
This section cited in 58 Pa. Code §
													69.42 (relating to policy); 58 Pa.
						  Code §
													69.44 (relating to review of
						  permit applications); and 58 Pa. Code §
													77.4 (relating to possession
						  permits for native species).
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart A - General Provisions › Chapter 51 - ADMINISTRATIVE PROVISIONS › Subchapter E - PERMIT PROCEDURES › Section 51.45 - Procedures

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Commission
					 will designate one or more presiding officers to conduct hearings on issuance
					 or denials of permits.
(b) Part II
					 of 1 Pa. Code (relating to general rules of administrative practice and
					 procedure) applies to proceedings under this subchapter.
(c) The presiding officer will file a
					 proposed report with the Commission as provided in 1 Pa. Code §
											35.202 (relating to proceedings in
					 which proposed reports are prepared).
(d) A party filing exceptions to a proposed
					 report may, by motion, request the opportunity to present oral argument to the
					 Commission. If the motion is granted, oral argument will ordinarily be
					 scheduled as part of a regular public meeting of the Commission. Oral argument
					 to the Commission will not exceed 15 minutes per party unless the Commission,
					 for cause shown, votes to adopt another schedule for a particular oral
					 argument. This subsection supplements 1 Pa. Code §
											35.214 (relating to oral argument
					 on exceptions).
(e) The
					 Commission's chief counsel will either represent the staff in proceedings
					 before the presiding officer and the Commission or will advise and counsel the
					 Commission on its final decision.
This section cited in 58 Pa. Code §
													69.42 (relating to policy); 58 Pa.
						  Code §
													69.44 (relating to review of
						  permit applications); and 58 Pa. Code §
													79.4 (relating to possession
						  permits for native species).
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart A - General Provisions › Chapter 51 - ADMINISTRATIVE PROVISIONS › Subchapter E - PERMIT PROCEDURES › Section 51.46 - Final agency action

Current through Register Vol. 54, No. 28, July 13, 2024
After considering the entire record in the case,
						including an oral argument permitted before the Commission, the Commission will
						vote at a regular public meeting on whether to grant or deny the requested
						permit. The Commission's decision will be forwarded to the parties in writing
						and will constitute the agency adjudication on the matter under review.
This section cited in 58 Pa. Code §
													69.42 (relating to policy); 58 Pa.
						  Code §
													69.44 (relating to review of
						  permit applications); and 58 Pa. Code §
													79.4 (relating to possession
						  permits for native species).
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart A - General Provisions › Chapter 51 - ADMINISTRATIVE PROVISIONS › Subchapter F - CHEMICAL TESTS › Section 51.51 - Chemical tests

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The same
					 devices, equipment and training required for administering chemical tests, test
					 procedures and accuracy certifications for breath test devices that apply to
					 prosecutions under 75 Pa.C.S. (relating to vehicles) apply to prosecution under
					 30 Pa.C.S. Part III (relating to boats and boating).
(b) The Commission approves the devices,
					 equipment and training required for administering chemical tests, test
					 procedures and accuracy certifications for breath test devices prescribed
					 jointly by the Department of Health and Department of Transportation at 67 Pa.
					 Code Chapter 77 (relating to equipment and training required for administering
					 chemical tests; test procedures and accuracy certification for breath test
					 devices) and prescribed by the Department of Health at 28 Pa. Code §§
											5.101-5.104 (relating to equipment to
					 determine blood alcohol content under the Vehicle Code and the Fish and Boat
					 Code) and in other regulations.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart A - General Provisions › Chapter 51 - ADMINISTRATIVE PROVISIONS › Subchapter G - PERMIT REQUIREMENTS › Section 51.61 - Service charge for uncollectible checks

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A permit shall be deemed necessary under
					 30 Pa.C.S. §
												2502
					 (relating to disturbance of waterways or watersheds) if the activity would be a
					 violation of statutes or regulations administered by the Commission, the
					 Department of Environmental Resources, the United States Environmental
					 Protection Agency, the United States Army Corps of Engineers or local
					 municipalities if the activity were performed without a permit. The failure of
					 the agency charged with enforcement or issuance responsibility for a permit to
					 prosecute or take civil action for failure to obtain a permit or other permit
					 violation may not affect the validity of a prosecution under
					 30 Pa.C.S. §
												2502.
(b) Examples of permits that may be required to undertake specific
					 activities in the waters or watersheds of this Commonwealth include the
					 following:
(1) Permits for use of explosives
					 in waters of this Commonwealth (Fish and Boat Commission). The fee for the
					 permits shall be $60. This fee is effective beginning January 1,
					 2023.
(2) Sewage facilities permits
					 (Department of Environmental Resources).
(3) Solid waste management permits
					 (Department of Environmental Resources).
(4) Oil and gas well drilling permits
					 (Department of Environmental Resources).
(5) Coal mining permits (Department of
					 Environmental Resources).
(6)
					 Surface mining operator's license (Department of Environmental
					 Resources).
(7) Coal refuse
					 disposal permit (Department of Environmental Resources).
(8) National Pollutant Discharge Elimination
					 System (NPDES) permits (Department of Environmental Resources).
(9) Mine drainage permits (Department of
					 Environmental Resources).
(10)
					 Erosion and sedimentation control permits (Department of Environmental
					 Resources).
(11) Dam, water
					 obstruction or encroachment permits (includes permits required by 25 Pa. Code
					 Chapter 105 (relating to dam safety and waterway management)) (Department of
					 Environmental Resources).
(12)
					 Floodplain management permits (Department of Environmental
					 Resources).
(13) Blasters' licenses
					 and explosives permits (Department of Environmental Resources).
(14) Building permits (local
					 municipalities).
(15) Army Corps of
					 Engineers' permits (United States).
(16) Delaware River Basin Commission
					 permits.
(17) Susquehanna River
					 Basin Commission permits.
(18)
					 Permit for use of an algicide, herbicide or fish control chemical in waters of
					 this Commonwealth.
(19) Permit to
					 draw off impounded water.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart A - General Provisions › Chapter 51 - ADMINISTRATIVE PROVISIONS › Subchapter H - PERMITS FOR FISH COLLECTING ACTIVITIES › Section 51.71 - Scientific collectors' permits

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 A valid and current scientific collector's permit issued by the Commission is
					 required to collect, take or maintain, for scientific or educational research
					 purposes, any species of Pennsylvania fishes, amphibians, reptiles or aquatic
					 organisms, during seasons not permitted by regulations governing holders of a
					 valid Pennsylvania fishing license, venomous snake permit, organized reptile
					 and amphibian hunt permit, or other license or permit.
(b) The Commission will issue three
					 categories of scientific collectors' permits: nonprofit research and education,
					 governmental and consulting.
(1)
Type
					 I Permit: Nonprofit Research and Education
. The Commission will issue
					 a Type I (Nonprofit Research and Education) permit to individuals whom the
					 Commission deems to be qualified to competently and capably conduct research or
					 educational programs and who are not engaged in scientific collecting for
					 monetary gain.
(i)
Qualifications
. To qualify for a Type I permit, applicants
					 shall demonstrate to the satisfaction of the Commission that they meet one or
					 more of the following conditions:
(A) They
					 possess a Bachelor's Degree, are pursuing studies toward an advanced degree and
					 have a demonstrable need to collect fishes, reptiles, amphibians or aquatic
					 invertebrates to complete the degree.
(B) They possess an advanced academic degree
					 and are conducting biological research that requires field specimens.
(C) They are associated with or employed by a
					 museum or an accredited institution of higher learning and are academically or
					 professionally, or both, qualified to conduct biological research or have a
					 valid need for collection of specimens for science or education.
(D) They have gained, through association
					 with a museum, zoological institution or personal endeavor, recognized
					 expertise in some area of herpetology, fisheries science, limnology, aquatic
					 entomology or related sciences.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart A - General Provisions › Chapter 51 - ADMINISTRATIVE PROVISIONS › Subchapter I - PERMITS TO DRAW OFF IMPOUNDED WATERS › Section 51.81 - Permit required

Current through Register Vol. 54, No. 28, July 13, 2024
A permit from the Commission is required under section
						3506 of the code (relating to drawing off or interference with dams or devices)
						for the following activities:
(1)
					 Drawing down impounded waters inhabited by fish.
(2) Destruction, removal, breach or
					 disturbance of a dam, deflector, retard or similar device in waters inhabited
					 by fish.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart A - General Provisions › Chapter 51 - ADMINISTRATIVE PROVISIONS › Subchapter I - PERMITS TO DRAW OFF IMPOUNDED WATERS › Section 51.82 - Application for permits

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An
					 application for a permit to draw down impounded waters is available from the
					 Fish and Boat Commission, Division of Environmental Services, 595 East Rolling
					 Ridge Drive, Bellefonte, Pennsylvania 16823.
(b) A completed permit application shall be
					 submitted to the address set forth in subsection (a) no later than 30 days
					 prior to proposed commencement of draw down operations.
The provisions of this §
													51.82 amended under the Fish and
						  Boat Code, 30 Pa.C.S.; and section 506 of The Administrative Code of 1929
						  (71
						  P.S. §
														186).
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart A - General Provisions › Chapter 51 - ADMINISTRATIVE PROVISIONS › Subchapter I - PERMITS TO DRAW OFF IMPOUNDED WATERS › Section 51.83 - Other permits required

Current through Register Vol. 54, No. 28, July 13, 2024
The issuance of a draw down permit under section 3506 of
						the code (relating to drawing off or interference with dams or devices) does
						not constitute a waiver of the requirement for applicants to obtain other
						State, local or Federal permits for the proposed activity.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart A - General Provisions › Chapter 51 - ADMINISTRATIVE PROVISIONS › Subchapter I - PERMITS TO DRAW OFF IMPOUNDED WATERS › Section 51.84 - Review of permit applications

Current through Register Vol. 54, No. 28, July 13, 2024
A permit application will be reviewed by the Commission's
						Division of Environmental Services and by the Department of Environmental
						Protection, Bureau of Dams and Waterways Management. The Division of
						Environmental Services will issue permits for the Commission.
The provisions of this §
													51.84 amended under the Fish and
						  Boat Code,
						  30 Pa.C.S. §
														2102.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart A - General Provisions › Chapter 51 - ADMINISTRATIVE PROVISIONS › Subchapter I - PERMITS TO DRAW OFF IMPOUNDED WATERS › Section 51.85 - Taking and disposal of fish

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
					 permit issued under the authority of section 3506 of the code (relating to
					 drawing off or interference with dams or devices) authorizes the permittee to
					 take, catch, kill or possess fish taken from the drawn down waters regardless
					 of seasons, sizes and creel limits or manner of taking.
(b) Disposal of fish and aquatic life shall
					 be done in conformance with applicable State and local laws and
					 regulations.
(c) It is unlawful to
					 stock fish salvaged as a result of draw down operations in waters without the
					 permission of the owners of the waters. It is unlawful to stock fish salvaged
					 as a result of draw down operations in any waters of this Commonwealth
					 designated by the Commission as inappropriate for stocking of salvaged
					 fish.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart A - General Provisions › Chapter 51 - ADMINISTRATIVE PROVISIONS › Subchapter I - PERMITS TO DRAW OFF IMPOUNDED WATERS › Section 51.86 - Responsibility of permittee

Current through Register Vol. 54, No. 28, July 13, 2024
A permittee is solely responsible for the consequences of
						drawing down the impounded waters. A permittee is responsible to ensure
						compliance with laws and regulations governing downstream flooding. A permittee
						is responsible for acquiring property rights, flowage easements or other
						interests required to accomplish the draw down. A permittee is responsible to
						allow a minimum flow of water determined by the Commission to be sufficient at
						all times to flow in a natural stream on which the impoundment is located to
						provide for the protection and conservation of fish downstream from the site.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart A - General Provisions › Chapter 51 - ADMINISTRATIVE PROVISIONS › Subchapter I - PERMITS TO DRAW OFF IMPOUNDED WATERS › Section 51.87 - Refilling of impoundments

Current through Register Vol. 54, No. 28, July 13, 2024
Except when the purpose of the permitted draw down is to
						remove or eliminate the impoundment, the permittee shall refill the impoundment
						when the permit expires or the work is completed, whichever occurs first. In
						refilling the impoundment, the permittee is responsible to allow a minimum flow
						of water determined by the Commission to be sufficient at all times to flow in
						a natural stream on which the impoundment is located to provide for the
						protection and conservation of fish downstream from the site.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart A - General Provisions › Chapter 51 - ADMINISTRATIVE PROVISIONS › Subchapter I - PERMITS TO DRAW OFF IMPOUNDED WATERS › Section 51.88 - Extension of permit

Current through Register Vol. 54, No. 28, July 13, 2024
An application to extend the permit expiration date shall
						be received by the issuing office no later than 30 days prior to the expiration
						date of the permit.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart A - General Provisions › Chapter 51 - ADMINISTRATIVE PROVISIONS › Subchapter I - PERMITS TO DRAW OFF IMPOUNDED WATERS › Section 51.89 - General permits

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 Notwithstanding the other provisions of this subchapter, this section
					 constitutes a general permit for persons to draw down impounded waters without
					 applying for an individual permit when the following circumstances exist:
(1) The water area to be drawn down is 1 acre
					 or less.
(2) The draw down
					 operations are of a type that do not require other State permits, such as
					 erosion and sedimentation control permits and Dams and Waterways Management
					 permits.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart A - General Provisions › Chapter 51 - ADMINISTRATIVE PROVISIONS › Subchapter J - ROYALTIES FOR SAND AND GRAVEL PERMITS › Section 51.91 - Authority

Current through Register Vol. 54, No. 28, July 13, 2024
Under section 503(c) of the Conservation and Natural
						Resources Act (71 P. S. §
												1340.503(c)), the Commission
						with the concurrence of the Department of Environmental Protection, is
						authorized to adjust the amount of royalty payments per ton or cubic yard of
						usable or merchantable, or both, sand or gravel, or both, extracted from
						Commonwealth waters.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart A - General Provisions › Chapter 51 - ADMINISTRATIVE PROVISIONS › Subchapter J - ROYALTIES FOR SAND AND GRAVEL PERMITS › Section 51.92 - Royalty rates

Current through Register Vol. 54, No. 28, July 13, 2024
Persons holding permits granting them nonexclusive rights
						and privileges of dredging, excavating, removing and carrying away merchantable
						sand and gravel under agreements between the permittees and the Department of
						Environmental Protection shall pay royalties in accordance with the following
						schedule:
(1) During the period,
					 January 1, 2021, through December 31, 2030, the greater of $1,000 or 7.0% of
					 the immediately preceding year's published price, average value, dollars per
					 metric ton (converted to U.S. ton) for the commodity sand and gravel in the
United States Geological Survey, Mineral Commodity Summary
per
					 dry ton, provided that the rate per dry ton is not less than $0.48.
The provisions of this §
													51.92 amended under section 503(c)
						  of the Conservation and Natural Resources Act (71 P.S. §
														1340.503(c)).
This section cited in 25 Pa. Code §
													105.13 (relating to regulated
						  activities-information and fees).
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart A - General Provisions › Chapter 51 - ADMINISTRATIVE PROVISIONS › Subchapter K - CIVIL PENALTY FORFEITURE PROCESS › Section 51.101 - General

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Under section
					 3510(h) of the code (relating to marking of dams), a person failing to comply
					 with section 3510(a) or (b) of the code shall forfeit a civil penalty of not
					 less than $500 nor more than $5,000.
(b) Under section 3510(h) of the code, a
					 person failing to comply with section 3510(c) of the code shall forfeit a civil
					 penalty of not less than $250 nor more than $5,000.
(c) The civil penalties described in
					 subsections (a) and (b) may be recovered by civil suit or process in the name
					 of the Commonwealth. The purpose of this subchapter is to describe the
					 administrative process for forfeiture of civil penalties under the
					 code.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart A - General Provisions › Chapter 51 - ADMINISTRATIVE PROVISIONS › Subchapter K - CIVIL PENALTY FORFEITURE PROCESS › Section 51.102 - Initiation of process

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
					 administrative process to effect the forfeiture of a civil penalty under
					 section 3510(h) of the code may be initiated by any person authorized to
					 enforce the code and any employe of the Commission or the Department of
					 Environmental Protection authorized by the Executive Director to initiate the
					 process.
(b) A person authorized to
					 initiate the process under subsection (a) shall do so by completing a report on
					 a form approved by the Executive Director. The report, to be executed under
					 penalty of law, will, at a minimum, describe:
(1) The name of the owner or permittee of the
					 dam.
(2) The location of the dam,
					 including county and township or other political subdivision.
(3) The dates the dam was
					 inspected.
(4) The nature of the
					 noncompliance.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart A - General Provisions › Chapter 51 - ADMINISTRATIVE PROVISIONS › Subchapter K - CIVIL PENALTY FORFEITURE PROCESS › Section 51.103 - Compliance notification

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Prior
					 to serving an order to show cause for civil penalty under section 3510 of the
					 code, the Executive Director or a designee will send the owner or permittee of
					 the dam in question a written compliance notification that will describe the
					 nature of the alleged noncompliance with section 3510 of the code.
(b) The compliance notification shall give
					 the owner or permittee of the dam not less than 15 nor more than 30 days to
					 demonstrate to the satisfaction of the Executive Director or a designee that
					 the owner or permittee has brought the dam into compliance with section 3510 of
					 the code or face forfeiture of civil penalties.
This subsection cited in 58 Pa. Code §
													51.104 (relating to order to show
						  cause for forfeiture of civil
						  penalty).
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart A - General Provisions › Chapter 51 - ADMINISTRATIVE PROVISIONS › Subchapter K - CIVIL PENALTY FORFEITURE PROCESS › Section 51.104 - Order to show cause for forfeiture of civil penalty

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If the owner or permittee fails to
					 demonstrate compliance after the notification described in §
											51.103 (relating to compliance
					 notification), the Executive Director or a designee will serve on the owner or
					 permittee of the dam an order to show cause for forfeiture of civil penalty in
					 a form approved by the Executive Director or designee. Service will be by
					 registered or certified mail, or by personal service. If the mail is tendered
					 at the address in the permit, or at an address where the owner or permittee is
					 located, and delivery is refused, or mail is not collected, the requirements of
					 this section shall be deemed to have been complied with upon tender.
(b) The owner or permittee who has been
					 served with an order to show cause in accordance with subsection (a) has 30
					 days to file an answer to the order to show cause. If no answer is submitted,
					 the failure to submit a timely answer will operate as a waiver and the proposed
					 forfeiture of civil penalty will become a final forfeiture upon the expiration
					 of the 30-day period unless the Executive Director or a designee determines to
					 hold a hearing on the proposed forfeiture under the procedures in §
											51.107 (relating to
					 hearings).
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart A - General Provisions › Chapter 51 - ADMINISTRATIVE PROVISIONS › Subchapter K - CIVIL PENALTY FORFEITURE PROCESS › Section 51.106 - Procedure in lieu of hearing

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 When for any reason a hearing is not held with regard to forfeiture, the entire
					 written file on the case shall be submitted to the Commission, which will
					 review the matter and make a final determination as to its disposition. The
					 action of the Commission is considered the final agency action.
(b) Subsection (a) supersedes 1 Pa. Code
					 §
											35.226 (relating to final
					 orders).
This section cited in 58 Pa. Code §
													51.109 (relating to final
						  administrative action).
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart A - General Provisions › Chapter 51 - ADMINISTRATIVE PROVISIONS › Subchapter K - CIVIL PENALTY FORFEITURE PROCESS › Section 51.107 - Hearings

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If an owner or
					 permittee of a dam requests a hearing, or the Executive Director or a designee
					 determines a hearing is appropriate, the Executive Director will appoint a
					 presiding officer to conduct the hearing on behalf of the Commission. This
					 subsection supersedes 1 Pa. Code §
											35.185 (relating to designation of
					 presiding officers).
(b) Hearings
					 will be conducted at the Harrisburg office of the Commission or at another
					 location the presiding officer or Executive Director may designate. Dam owners
					 or permittees will be given at least 10 days written notice of the date and
					 time of the hearing.
(c) The burden
					 of proof to justify the proposed forfeiture will be on the Commission to prove
					 by a preponderance of the evidence that the proposed action is justified by the
					 facts and circumstances.
(d) The
					 presiding officer will permit either oral argument at the conclusion of the
					 hearing or the filing of written briefs, but not both, except in cases of
					 extraordinary complexity when the presiding officer finds, upon motion of the
					 parties or his own motion, that the ends of justice require allowance of both.
					 When briefs are to be filed, the procedures of 1 Pa. Code §§
											35.191-35.193 (relating to proceedings in
					 which briefs are to be filed; content and form of briefs; and filing and
					 service of briefs) will be followed. This subsection supersedes 1 Pa. Code
					 §
											35.204 (relating to oral argument
					 before presiding officer).
This section cited in 58 Pa. Code §
													51.104 (relating to order to show
						  cause for forfeiture of civil
						  penalty).
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart A - General Provisions › Chapter 51 - ADMINISTRATIVE PROVISIONS › Subchapter K - CIVIL PENALTY FORFEITURE PROCESS › Section 51.108 - Report of the presiding officer

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 After the hearing is closed, the transcript prepared, and briefs, if any,
					 received, the presiding officer will prepare a proposed report, the contents of
					 which shall be in substantial compliance with 1 Pa. Code §
											35.205 (relating to contents of
					 proposed reports).
(b) A copy of
					 the proposed report shall be served on the owner or permittee of the dam, the
					 Commission staff and other parties of record who shall thereafter have 30 days
					 to file exceptions to the report together with any brief on exceptions. Briefs
					 opposing exceptions may be filed in accordance with 1 Pa. Code §
											35.211 (relating to procedure to
					 except to proposed report).
(c) If
					 no timely exceptions to the proposed report are filed, the proposed report will
					 be considered the final administrative adjudication of the
					 Commission.
(d) If exceptions to
					 the proposed report are filed, the proposed report, together with the entire
					 record, the briefs, the exceptions, and briefs on and opposing exceptions will
					 be subject to review by the Commission under §
											51.109 (relating to final
					 administrative action).
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart A - General Provisions › Chapter 51 - ADMINISTRATIVE PROVISIONS › Subchapter K - CIVIL PENALTY FORFEITURE PROCESS › Section 51.109 - Final administrative action

Current through Register Vol. 54, No. 28, July 13, 2024
(a) When exceptions are filed to the proposed
					 report or which are disposed of under §
											51.106 (relating to procedure in
					 lieu of hearing), the members of the Commission will review the case file,
					 together with other matters of record and filings in the proceedings. At a
					 public meeting convened under 65 Pa.C.S. Chapter 7 (relating to the Sunshine
					 Act), the Commission will consider the matter. Unless ordered by the
					 Commission, oral argument will not be permitted at the public meeting nor will
					 the respondent be permitted to reargue or retry matters that were raised or
					 could have been raised before the presiding officer. The Com mission will vote
					 to approve or disapprove a proposed report or, in cases under §
											51.106, to issue an order as
					 appropriate.
(b) The action by the
					 Commission will be considered the final administrative adjudication with
					 respect to the forfeiture of civil penalties. The dam owner or permittee will
					 be notified in writing of the final action. The final order will be considered
					 officially entered on the date it is mailed or otherwise served, whichever
					 comes first.
(c) If, after the
					 entry of a final order, the dam owner or permittee files a timely petition for
					 review or judicial appeal of the adjudication, the owner or permittee may apply
					 in writing to the Executive Director for a stay of the effective date of the
					 order. The filing of a petition for review or judicial appeal does not operate
					 as an automatic stay. The Executive Director may grant a stay for good cause
					 shown.
This section cited in 58 Pa. Code §
													51.108 (relating to report of the
						  presiding officer).
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart A - General Provisions › Chapter 51 - ADMINISTRATIVE PROVISIONS › Subchapter L - CHARTER BOAT/FISHING GUIDE OPERATIONS › Section 51.121 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this
						subchapter, have the following meanings, unless the context clearly indicates
						otherwise:
Charter boat
-A boat operated as a
						commercial enterprise which carries passengers for hire for the purpose of
						fishing on the waters of this Commonwealth.
Charter boat operator
-A person who
						operates or is in actual physical control of the movement of a charter boat.
Commercial enterprise
-An operation where
						a person provides fishing guide or charter boat services in exchange for any
						consideration, including money, goods or services.
Fishing guide
-A person who operates a
						commercial enterprise whereby he guides or leads other persons for the purpose
						of fishing on the waters of this Commonwealth.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart A - General Provisions › Chapter 51 - ADMINISTRATIVE PROVISIONS › Subchapter L - CHARTER BOAT/FISHING GUIDE OPERATIONS › Section 51.122 - Permits

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Application
. A person desiring to be a charter boat operator
					 or a fishing guide on the waters of this Commonwealth shall first apply for a
					 permit on the form provided by the Commission. The applicant shall submit the
					 completed form to the Commission along with the fee specified in section 2715
					 of the code (relating to license, permit and issuing agent fees). The applicant
					 shall be 16 years of age or older.
(b)
Duration
. Charter
					 boat/fishing guide permits are valid for a calendar year and expire on December
					 31 of the year for which it was issued.
(c)
Renewal
. A holder of a
					 charter boat/fishing guide permit shall apply to the Commission for renewal of
					 the permit by completing the renewal application form provided by the
					 Commission and by submitting it along with the appropriate fee to the
					 Commission.
(d)
Suspension
					 or revocation of permit
. The Commission may suspend or revoke a
					 charter boat/fishing guide permit for noncompliance with the terms and
					 conditions of this chapter or when the charter boat operator or fishing guide
					 is convicted or acknowledges guilt of a violation of the code or this chapter.
					 Suspension or revocation procedures must comply with Chapter 51, Subchapter C
					 (relating to suspension, denial or revocation of licenses, permits,
					 registrations or privileges).
(e)
Prima facie evidence
. Advertising by any means, including, but
					 not limited to, websites, business cards, brochures, newspapers, periodicals or
					 billboards, that a person provides fishing guide or charter boat services shall
					 be prima facie evidence of a commercial enterprise.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart A - General Provisions › Chapter 51 - ADMINISTRATIVE PROVISIONS › Subchapter L - CHARTER BOAT/FISHING GUIDE OPERATIONS › Section 51.123 - Display of permits

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Display of permit on outer garment
. While operating a charter
					 boat or fishing guide operation, charter boat operators and fishing guides
					 shall display their permits on a hat or an outer garment in plain view. The
					 charter boat operator and fishing guide may carry and display the permit in the
					 same holder containing a fishing license.
(b)
Officers designated to check
					 permits
. Charter boat operators and fishing guides shall present their
					 charter boat/fishing guide permits upon the request of an officer authorized to
					 enforce the code.
The provisions of this §
													51.123 amended under the Fish and
						  Boat Code,
						  30 Pa.C.S. §
														2907.3.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart A - General Provisions › Chapter 51 - ADMINISTRATIVE PROVISIONS › Subchapter L - CHARTER BOAT/FISHING GUIDE OPERATIONS › Section 51.124 - Boating safety education

Current through Register Vol. 54, No. 28, July 13, 2024
When a boat is used in the charter boat/fishing guide
						operation, the charter boat operator shall possess a boating safety education
						certificate issued by the Commission or by another state in accordance with
						criteria of the National Association of State Boating Law Administrators or a
						boat operator's license issued by the United States Coast Guard. Applicants and
						holders of charter boat/fishing guide permits shall provide proof of
						certification of boating safety education upon the request of the
						Commission.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart A - General Provisions › Chapter 51 - ADMINISTRATIVE PROVISIONS › Subchapter L - CHARTER BOAT/FISHING GUIDE OPERATIONS › Section 51.125 - Insurance

Current through Register Vol. 54, No. 28, July 13, 2024
Charter boat operators and fishing guides shall possess
						and maintain in full force and effect general liability insurance for all
						periods during which they are operating a charter boat/fishing guide operation
						on the waters of this Commonwealth. The minimum amount of coverage is $250,000
						for each occurrence and $500,000 in the aggregate. Applicants and holders of
						charter boat/fishing guide permits shall provide proof of insurance upon the
						request of the Commission.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart A - General Provisions › Chapter 51 - ADMINISTRATIVE PROVISIONS › Subchapter L - CHARTER BOAT/FISHING GUIDE OPERATIONS › Section 51.126 - CPR and first aid

Current through Register Vol. 54, No. 28, July 13, 2024
Charter boat operators and fishing guides shall possess
						and maintain current certification in basic CPR and basic first aid skills.
						Applicants and holders of charter boat/fishing guide permits shall provide
						proof of CPR or basic first aid certification upon the request of the
						Commission.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart A - General Provisions › Chapter 51 - ADMINISTRATIVE PROVISIONS › Subchapter L - CHARTER BOAT/FISHING GUIDE OPERATIONS › Section 51.127 - Fishing license and permits

Current through Register Vol. 54, No. 28, July 13, 2024
Charter boat operators and their crewmembers and fishing
						guides shall possess valid Commission issued fishing licenses and the stamps
						and permits required for the waters in which they fish. Charter boat operators
						and fishing guides are responsible for ensuring that their employees,
						passengers and customers possess a valid Commission issued fishing license and
						the appropriate stamps and permits.
The provisions of this §
													51.127 amended under the Fish and
						  Boat Code,
						  30 Pa.C.S. §
														2907.3.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart A - General Provisions › Chapter 51 - ADMINISTRATIVE PROVISIONS › Subchapter L - CHARTER BOAT/FISHING GUIDE OPERATIONS › Section 51.128 - Compliance with laws and regulations

Current through Register Vol. 54, No. 28, July 13, 2024
Charter boat operators and fishing guides shall comply
						with all Federal, State and local laws and regulations. Charter boat operators
						and fishing guides are responsible for ensuring that their employees,
						passengers and customers comply with all fishing and boating laws and
						regulations.