FISH AND BOAT COMMISSION [58 PA. CODE CH. 111] Boating; Special Regulations Counties [35 Pa.B. 2394] 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). The proposed rulemaking corrects a minor discrepancy in the description of the slow, no wake zone on the Beaver River in Beaver County and removes a 10 horsepower restriction at the former Connoquenessing Creek Dam in Beaver County. The proposed rulemaking also establishes a 45 mph speed limit from sunrise to sunset on weekends and holidays from the Saturday before Memorial Day through Labor Day on Harveys Lake in Luzerne County.
A. Effective Date
The proposed rulemaking, if approved on final-form, will go into effect on January 1, 2006.
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 §§ 111.4 and 111.40 (relating to Beaver County; and Luzerne 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 proposal. The Commission's Boating Advisory Board considered the proposed amendments and recommended that the Commission publish a notice of proposed rulemaking containing the proposed amendments.
E. Summary of Proposals
(1) Section 111.4. A review of the Commission's regulations uncovered a minor discrepancy in the description of the special regulation for the Beaver River. The section establishes a slow no wake zone for a length of 2 miles, but the section also references River Mile 0.0 and River Mile 2.3, a distance of 2.3 miles. The proposed amendments correct this discrepancy to clarify that the slow no wake zone extends for 2.3 miles.
The Connequenessing Creek Dam was a wicket dam located near Ellwood City. The dam was originally built by the Country Club Colony in 1942 to provide water for its golf course. It was made of sheet steel that could be raised to make a small pool about 3 feet deep. In its early life, the pool was used by locals for waterskiing under very strict regulations. These regulations were removed in the mid-1980s, and a 10 horsepower restriction was applied to allow limited use. However, the permit for this dam issued by the Department of Environmental Protection specifically prohibited the operation of motorboats on the impoundment. As a result, Commission regulations allowing waterskiing and motorboat operations were in conflict with this permit.
Currently, the dam no longer exists as an operational structure. If the regulation is removed, the creek will revert to general unlimited horsepower, but because the unimpounded depth of the river is insufficient to support power boats, the amendment will have no impact on current or potential motor boating activities. Without the dam creating an impoundment, there is no reason to retain the current 10 horsepower restriction.
The Commission proposes that § 111.4 be amended to read as set forth in Annex A.
(2) Section 111.40. The Commission received a petition from the Harveys Lake Protective Association to amend its regulations to establish a 45 mph speed limit from sunrise to sunset on weekends and holidays from the Saturday before Memorial Day through Labor Day. The Commission reviewed the 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, the petitioner was afforded an opportunity to make a presentation at a Commission meeting. The Commission accepted the petition for further review and directed staff to prepare the appropriate report and recommendations for further Commission consideration.
At the October 2004 Commission meeting, the Commission granted staff an additional period of 90 days to gather information regarding the use of radar to enforce speed limits on Commonwealth waters. Commission staff therefore polled other states and found that relatively few states use radar extensively. The states that do, Maryland, Florida and Missouri, primarily use radar on waters with narrow channels or rivers where the boat traffic is relatively constrained. All admit to the limitations for use of radar on open waters with heavy boat traffic.
A speed limit on Harveys Lake may be difficult to enforce using radar. Nonetheless, speed limits often act as a social and psychological deterrent and thus may have some value. Accordingly, the Commission decided to seek public comments and approved the publication of a notice of proposed rulemaking containing the amendments 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 electronically 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: 48A-165. 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 § 111.4. Beaver County.
(a) Beaver River. Boats are limited to slow, no wake speed from the mouth [of the Beaver River (Mile 0.0) to a point 2 miles upstream (Mile 2.3)] upstream to Mile 2.3.
(b) [Connequenessing Creek Dam.
(1) The use of motors in excess of 10 horsepower is prohibited.
(2) The speed of boats is restricted to slow, no wake speed upstream from a marked point 8/10 of a mile above the Route 65 bridge.
(c)] * * *
[(d)](c) * * *
§ 111.40. Luzerne County.
* * * * * (f) Harveys Lake.
(1) The speed of boats is limited to 45 miles per hour from sunrise to sunset on weekends and holidays from the Saturday before Memorial Day through Labor Day.
(2) The speed of boats is limited to slow, no wake speed between sunset and sunrise.
[Pa.B. Doc. No. 05-762. Filed for public inspection April 22, 2005, 9:00 a.m.]
