FISH AND BOAT COMMISSION [58 PA. CODE CH. 111] Boating [34 Pa.B. 6546] The Fish and Boat Commission (Commission) proposes to amend Chapter 111 (relating to special regulations counties). The Commission is publishing this proposed rulemaking under the authority of 30 Pa.C.S. (relating to the Fish and Boat Code) (code). This proposed rulemakingcreates a slow, no wake zone in the Kernsville Pool of the Schuylkill River, Berks County, and convert the 8 miles per hour zones on the McKean County portion of Willow and Sugar Bays, Allegheny River Reservoir, to slow, no wake and remove the 8 miles per hour restriction on the Warren County portion of the bays.
A. Effective Date
The proposed rulemaking, if approved on final-form, will go into effect immediately upon publication in the Pennsylvania Bulletin.
B. Contact Person
For further information on the proposed rulemaking, contact Laurie E. Shepler, Esq., P. O. Box 67000, Harrisburg, PA 17106-7000, (717) 705-7815. This proposed rulemaking is available on the Commission's website: www. fish.state.pa.us.
C. Statutory Authority
The proposed amendments to §§ 111.6, 111.42 and 111.62 (relating to Berks County; McKean County; and Warren County) are published under the statutory authority of section 5124 of the code (relating to particular areas of water).
D. Purpose and Background
The proposed rulemaking is designed to update, modify and improve the Commission's boating regulations. The specific purpose of the proposed rulemaking is described in more detail under the summary of proposals. The Commission's Boating Advisory Board considered the proposed amendments and recommended that the Commission publish a proposed rulemaking containing the proposed amendments.
E. Summary of Proposals
(1) Section 111.6. The Commission received a petition from Blue Mountain Wildlife, Inc. (BMW) to amend this section to prohibit the operation of internal combustion motors on boats using the Schuylkill River behind the Kernsville Dam to encourage the preservation of the peacefulness and beauty of the impoundment. The Kernsville Dam is located in Berks County near Hamburg, PA. The dam is owned by the Commonwealth and is managed by the Department of Environmental Protection (Department). BMW holds a lease to manage and develop the area around the impoundment for passive recreational use. The Department maintains an access area at the impoundment that has been closed because it falls within a 200-foot restricted area near this dam. Only hand-carry access is currently available.
Commission staff reviewed BMW's petition to ensure that it met the requirements of § 51.6 (relating to petitions or requests for regulations) and determined that it was appropriate for further consideration. In accordance with the Commission's regulations, BMW was afforded an opportunity to make a presentation at the January 2004 Commission meeting. The Commission accepted the petition for further review and directed staff to prepare a report and recommendations.
Staff recently completed its report. Based upon the recommendations contained in the report, the Commission proposes the creation of a slow, no wake zone in the Kernsville Pool. The Commission proposes that § 111.6 be amended to read as set forth in Annex A.
(2) Sections 111.42 and 111.62. In 1980, the Commission adopted regulations to control the speed of boats on the various bays of the Kinzua Reservoir. All of the larger bays were restricted to 8 miles per hour while the smaller ones were made slow, no wake. These regulations were subsequently modified in 1989 and 1994. Boat speed was restricted to slow, no wake in most of the coves, but in Willow Bay and Sugar Bay, an 8 mph speed limit was retained. This speed was selected because the size of the bays was too large for slow, no wake but not large enough for unrestricted operation.
The Commission has reviewed these restrictions and has determined that the regulations could be further improved and provide additional boating opportunities by converting the 8 mph zones on the McKean County portion of Willow and Sugar Bays to slow, no wake and by removing the 8 miles per hour restriction on the Warren County portion of these bays. The Commission proposes that §§ 111.42 and 111.62 be amended to read as set forth in Annex A.
F. Paperwork
The proposed rulemaking will not increase paperwork and will create no new paperwork requirements.
G. Fiscal Impact
The proposed rulemaking will have no adverse fiscal impact on the Commonwealth or its political subdivisions. The proposed rulemaking will impose no new costs on the private sector or the general public.
H. Public Comments
Interested persons are invited to submit written comments, objections or suggestions about the proposed rulemaking to the Executive Director, Fish and Boat Commission, P. O. Box 67000, Harrisburg, PA 17106-7000 within 30 days after publication of this proposed rulemaking in the Pennsylvania Bulletin. Comments submitted by facsimile will not be accepted.
Comments also may be submitted by completing the form at www.state.pa.us/Fish/regcomments. If an acknowledgment of electronic comments is not received by the sender within 2 working days, the comments should be retransmitted to ensure receipt.
DOUGLAS J. AUSTEN, Ph.D.,
Executive DirectorFiscal Note: 48-163. No fiscal impact; (8) recommends adoption.
Annex A TITLE 58. RECREATION PART II. FISH AND BOAT COMMISSION Subpart C. BOATING CHAPTER 111. SPECIAL REGULATIONS COUNTIES § 111.6. Berks County.
* * * * * (e) Schuylkill River, Kernsville Pool. Boats are limited to slow, no wake speed.
§ 111.42. McKean County.
Allegheny River Reservoir (Kinzua Dam).
(1) [Boats are limited to a maximum of 8 miles per hour, and water skiing is prohibited in the following areas:
(i) Willow Bay.
(ii) Sugar Bay.
(2)] Boats are limited to slow, no wake swell speed in the following areas:
* * * * * (ii) [The bay formed by Morris Run] Morrison Run Bay.
* * * * * (iv) Willow Bay.
(v) Sugar Bay.
[(3)] (2) * * *
§ 111.62. Warren County.
(a) Allegheny River Reservoir[.] (Kinzua Dam).
(1) [Boats are limited to a maximum of 8 miles per hour and waterskiing is prohibited in the following areas:
(i) Willow Bay.
(ii) Sugar Bay.
(2)] Boats are limited to slow, no wake speed in the following areas:
* * * * * (vii) Willow Bay beginning at the boat launch ramp
[(3)] (2) * * *
* * * * * [Pa.B. Doc. No. 04-2179. Filed for public inspection December 10, 2004, 9:00 a.m.]
