300 Special regulations counties; Wyoming County

FISH AND BOAT COMMISSION

[58 PA. CODE CH. 111]

Special Regulations Counties; Wyoming County

[29 Pa.B. 1070]

   The Fish and Boat Commission (Commission) by this order amends Chapter 111 (relating to special regulations counties). The Commission is publishing this amendment under the authority of 30 Pa.C.S. (relating to Fish and Boat Code) (code). The amendment deals with boating.

A.  Effective Date

   This amendment will go into effect upon publication of an order adopting the amendment in the Pennsylvania Bulletin.

B.  Contact Person

   For further information on the changes, contact John F. Simmons, Director, Bureau of Boating and Edu- cation, [phone], or Laurie E. Shepler, Assistant Counsel, [phone], P. O. Box 67000, Harrisburg, PA 17106-7000. This final rulemaking is available elec- tronically through the Commission's Web site (http://www.fish.state.pa.us).

C.  Statutory Authority

   This amendment is published under the statutory authority of section 5124 of the code (relating to particular areas of water).

D.  Purpose and Background

   The amendment is designed to update, modify and improve the Commission's special boating regulations at Lake Winola. The specific purpose of the amendment is described in more detail under the summary of changes. Prior to consideration by the Commission on proposed rulemaking, the Commission's Boating Advisory Board reviewed the proposal and recommended that the Commission approve the publication of a notice of proposed rulemaking to seek public comment on the change.

E.  Summary of Changes

   Section 111.66 (relating to Wyoming County). The Commission has received a petition from an ad hoc committee at Lake Winola requesting that the Commission adopt special boating regulations to ban, among other things, the use of motor boats on Sunday mornings. Lake Winola, a 185 +/- acre lake, is located entirely in Overfield Township in Wyoming County. Wyoming County asserts ownership of all of the land that lies under the lake. Lake Winola is divided into two boating areas by a promontory of land. The lake is surrounded by numerous cottages, many of which have boats at docks or moorings. There is an active Cottagers Association. The Commission maintains an access area at the lake.

   It appears that an informal practice of limiting use of motorboats on Lake Winola during a quiet period on Sunday mornings has been in effect for several summers. The Commission has adopted an amendment formalizing this current practice.

F.  Paperwork

   The amendment will not increase paperwork and will create no new paperwork requirements.

G.  Fiscal Impact

   The amendment will have no adverse fiscal impact on the Commonwealth or its political subdivisions. The amendment will impose no new costs on the private sector or the general public.

H.  Public Involvement

   A notice of proposed rulemaking containing the proposed amendment was published at 28 Pa.B. 6184 (December 19, 1998). The Commission did not receive any public comments regarding this proposal.

Findings

   The Commission finds that:

   (1)  Public notice of intention to adopt the amendment 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 no comments were received.

   (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 Chapter 111, are amended by amending § 111.66 to read as set forth at 28 Pa.B. 6184.

   (b)  The Executive Director will submit this order and 28 Pa.B. 6184 to the Office of Attorney General for approval as to legality as required by law.

   (c)   The Executive Director shall certify this order and 28 Pa.B. 6184 and deposit them with the Legislative Reference Bureau as required by law.

   (d)  This order shall take effect immediately upon publication in the Pennsylvania Bulletin.

PETER A. COLANGELO,   
Executive Director

   Fiscal Note:  Fiscal Note 48A-88 remains valid for the final adoption of the subject regulation.

[Pa.B. Doc. No. 99-300. Filed for public inspection February 26, 1999, 9:00 a.m.]