58 Pa. Code § 69.44 - Review of permit applications
(a) The
Bureau of Law Enforcement will review permit applications for completeness.
Incomplete applications will be returned without action to the
applicant.
(b) When a permit
application is deemed complete, the Bureau of Law Enforcement will publish a
notice of the receipt of the application in the Pennsylvania
Bulletin. The notice will provide the public with at least 15 days to
offer comments, protests, interventions or objections with respect to the
application for the proposed tagged-fish contest. Permit applications, together
with public comments or objections, will be reviewed, at a minimum, by the
Bureau of Fisheries and the Bureau of Law Enforcement. The comments and
recommendations of fisheries and enforcement personnel with responsibility for
the site of the proposed contest will be solicited.
(c) If the Director of the Bureau of
Fisheries or a designee makes a recommended finding that the proposed contest
is likely to result in substantial public interest or controversy, significant
adverse impacts on fisheries resources or threats to the fisheries resources of
Commonwealth waters of the boundary lake where the contest is to be conducted,
the Director of the Bureau of Law Enforcement will:
(1) Notify the applicant.
(2) Publish a notice in the
Pennsylvania Bulletin under §
51.43(c)
(relating to staff review), which will provide at least 15 days notice of the
date, time and place of a public hearing on the proposed permit and at least 15
days for the submission of written comments, protests and interventions
concerning the proposed permit.
(d) After completion of the public hearing
and consideration of the public comments, the Executive Director will issue or
deny the permit based upon a finding of whether or not the proposed contest
threatens the fisheries resources of Commonwealth waters of the boundary lake
where the proposed contest is to be conducted. The applicant and a person
aggrieved by the Executive Director's action may appeal as provided in
§§
51.44-51.46 (relating to appeals;
procedures; and final agency action).
(e) If the Director of the Bureau of
Fisheries or a designee makes a recommended finding that none of the factors
listed in subsection (c) applies to the proposed contest, the Director of the
Bureau of Law Enforcement will issue the permit without further proceedings.
Notes
The provisions of this § 69.44 issued under the Fish and Boat Code, 30 Pa.C.S. §§ 2102 and 2904.
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