FISH AND BOAT COMMISSION [58 PA. CODE CHS. 103 AND 111] Boating [35 Pa.B. 6435] The Fish and Boat Commission (Commission) amends Chapters 103 and 111 (relating to rules of the road; and special regulations counties). The Commission is publishing this final-form rulemaking under the authority of 30 Pa.C.S. (relating to the Fish and Boat Code) (code). The final-form rulemaking removes the requirement that all boat traffic operate in a counterclockwise fashion and limits the number of water ski devices on certain Commonwealth lakes.
A. Effective Date
The final-form rulemaking will go into effect on January 1, 2006.
B. Contact Person
For further information on the final-form rulemaking, contact Laurie E. Shepler, Chief Counsel, P. O. Box 67000, Harrisburg, PA 17106-7000, (717) 705-7810. This final-form rulemaking is available on the Commission's website at www.fish.state.pa.us.
C. Statutory Authority
The amendment to § 103.3 (relating to restriction for special areas) is published under the statutory authority of section 5123 of the code (relating to general boating regulations). The amendments to §§ 111.3, 111.6, 111.13, 111.58, 111.64 and 111.66 are published under the statutory authority of sections 322 and 5124 of the code (relating to rules and regulations; and particular areas of water).
D. Purpose and Background
The final-form rulemaking is designed to update, modify and improve the Commission's boating regulations. The specific purpose of the final-form rulemaking is described in more detail under the summary of changes. The Commission's Boating Advisory Board (BAB) considered the proposed amendments and recommended that the Commission adopt them as set forth in the notice of proposed rulemaking with modifications to the proposed amendments to §§ 111.3 and 111.6 (relating to Armstrong County; and Berks County).
E. Summary of Changes
(1) Section 103.3. This section, which requires motorboats to operate in a counterclockwise fashion insofar as reasonably possible, has been in place for many years and was promulgated in an attempt to regulate boating traffic patterns on inland waters. While the regulation has been successful in establishing an operational pattern, its language is ambiguous in that it allows for operation ''insofar as reasonably possible.'' This caveat was included to allow deviation from the rule in some (or most) circumstances. It establishes an operational pattern but made strict enforcement problematic.
The rule was created to help establish an orderly flow of traffic on smaller lakes of the Commonwealth. It was intended to be an advisory regulation to be used if circumstances dictated. As boating use has grown, however, its applicability has become increasingly clouded and its usefulness questionable. With more and more boaters plying the waters and growing shoreline development, operation in a strict counterclockwise direction is not always feasible or desirable. The Inland Navigation Rules were established to regulate the operation of boats in the vicinity of others. They were born from experience and have historically been adequate to control the operation of boats. Accordingly, the Commission has deleted § 103.3(a) as set forth in the notice of proposed rulemaking.
(2) Sections 111.3, 111.6, 111.13, 111.58, 111.64 and 111.66. The BAB requested a review of existing water skiing regulations that limit the number of water skiers or water skiing devices that may be towed behind a boat to identify those special regulations targeting single skier restrictions, and the BAB recommended amendments to these regulations to improve recreational opportunities. The original intention of most of these special regulations was to limit the number of water ski ropes rather than the number of persons on the skis. (In some cases such as at Blue Marsh Lake, there was also an intention to limit the number of persons.) The review revealed a great deal of inconsistency in language across the regulations that needed to be corrected. In addition, since towed inflatables are regulated the same as water skis, the number of persons that can be towed on an inflatable is also limited to one. This creates problems for people whose device is manufactured to carry multiple persons and who wish to ride on the inflatable with younger children. The Commission therefore proposed amendments to §§ 111.3, 111.6, 111.13, 111.58, 111.64 and 111.66. Some of the affected lakes are owned and operated by either the United States Army Corps of Engineers or the Department of Conservation and Natural Resources, Bureau of State Parks.
During the comment period, Commission staff continued their dialog with the managers of the lakes operated by the Corps of Engineers and the Bureau of State Parks to assure their agreement with any changes. The managers of Crooked Creek Lake and Blue Marsh Lake, lakes owned by the United States and operated by the Corps of Engineers, objected to the proposed amendments to §§ 111.3 and 111.6, respectively. Accordingly, the Commission adopted, as recommended by the BAB, the proposed amendments as set forth in the notice of proposed rulemaking with the exception of the proposed amendments to §§ 111.3 and 111.6, which the Commission amended to read as set forth in Annex A.
F. Paperwork
The final-form rulemaking will not increase paperwork or create any new paperwork requirements.
G. Fiscal Impact
The final-form rulemaking will have no adverse fiscal impact on the Commonwealth or its political subdivisions. The final-form rulemaking will impose no new costs on the private sector or the general public.
H. Public Involvement
A notice of proposed rulemaking was published at 35 Pa.B. 3423 (June 18, 2005). The Commission received 14 comments concerning the proposed amendments to § 103.3. Of those 14 comments, 12 comments (5 received prior to the official public comment period and 7 received during it) opposed the elimination of the counterclockwise requirement. Those comments related to lakes in the northeastern part of this Commonwealth. The Commission also received two public comments after the close of the official public comment period. Those comments supported the proposed rulemaking and centered on Glendale Lake.
The Commission received one comment supporting the proposed amendments to Chapter 111. In addition, the Commission received input from the managers of lakes operated by the Corps of Engineers and the Bureau of State Parks. Copies of all public comments were provided to the Commissioners.
Findings
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) and the regulations promulgated thereunder, 1 Pa. Code §§ 7.1 and 7.2.
(2) A public comment period was provided, and the comments that were received were considered.
(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.
Order
The Commission, acting under the authorizing statutes, orders that:
(a) The regulations of the Commission, 58 Pa. Code Chapters 103 and 111, are amended by amending §§ 103.3, 111.13, 111.58, 111.64 and 111.66 to read as set forth at 35 Pa.B. 3423 and by amending §§ 111.3 and 111.6 to read as set forth in Annex A.
(b) The Executive Director will submit this order, 35 Pa.B. 3423 and Annex A to the Office of Attorney General for approval as to legality as required by law.
(c) The Executive Director shall certify this order, 35 Pa.B. 3423 and Annex A and deposit them with the Legislative Reference Bureau as required by law.
(d) This order shall take effect on January 1, 2006.
DOUGLAS J. AUSTEN, Ph.D.,
Executive DirectorFiscal Note: Fiscal Note 48A-172 remains valid for the final adoption of the subject regulations.
Annex A TITLE 58. RECREATION PART II. FISH AND BOAT COMMISSION Subpart C. BOATING CHAPTER 111. SPECIAL REGULATIONS COUNTIES § 111.3. Armstrong County.
(a) Crooked Creek Lake.
(1) A boat may not tow more than one water-skier on weekends and holidays from the Saturday preceding Memorial Day through Labor Day.
(2) Boats equipped with inboard engines with over-the transom or straight type exhausts, wet or dry, are prohibited.
(3) Air boats are prohibited.
(4) Boats are limited to slow, no wake speed in the following areas:
(i) From the dam to a buoy line crossing the lake above the swimming beach.
(ii) From the shoal buoys to the headwaters.
(5) Persons shall wear a Coast Guard approved personal flotation device at all times when on board boats less than 16 feet in length or any canoe or kayak.
(b) Keystone Lake. The use of motors in excess of 10 horsepower is prohibited.
(c) Mahoning Creek Lake.
(1) The use of motors in excess of 10 horsepower is prohibited.
(2) Persons shall wear a Coast Guard approved personal flotation device at all times when on board boats less than 16 feet in length or any canoe or kayak.
§ 111.6. Berks County.
(a) Blue Marsh Lake.
(1) Boats equipped with inboard engines with over-the-transom or straight stack type exhausts, wet or dry, are prohibited.
(2) Boats are limited to a slow, no wake speed in the two arms of the lake formed by Spring Creek and Tulpehocken Creek.
(3) A boat may not tow more than one water-skier.
(b) Hopewell Lake--French Creek State Park. The operation of boats powered by internal combustion motors is prohibited.
(c) Kaercher's Creek Lake. The operation of boats powered by internal combustion motors is prohibited.
(d) Scotts Run Lake--French Creek State Park. The operation of boats powered by internal combustion motors is prohibited.
(e) Schuylkill River; Kernsville Pool. Boats are limited to slow, no wake speed.
[Pa.B. Doc. No. 05-2168. Filed for public inspection November 23, 2005, 9:00 a.m.]
