FISH AND BOAT COMMISSION [ 58 PA. CODE CHS. 53, 95, AND 111 ] General Provisions and Boating [41 Pa.B. 2438]
[Saturday, May 14, 2011]The Fish and Boat Commission (Commission) amends 58 Pa. Code Chapters 53, 95 and 111 (relating to Commission property; manufacturer installed equipment; 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 amendments modify and update the Commission's boating regulations.
A. Effective Date
The final-form rulemaking will go into effect upon publication in the Pennsylvania Bulletin.
B. Contact Person
For further information on the final-form rulemaking, contact Wayne Melnick, Esq., P. O. Box 67000, Harrisburg, PA 17106-7000, (717) 705-7810. This final-form rulemaking is available on the Commission's web site at www.fish.state.pa.us.
C. Statutory Authority
The amendment to § 53.16 (relating to special use) is published under the statutory authority of section 741 of the code (relating to control of property). The amendment to § 95.3 (relating to lights for boats) is published under the statutory authority of section 5123(a) of the code (relating to general boating regulations). The addition of § 111.16 (relating to Clarion County) and the amendment to § 111.20 (relating to Crawford County) are published under the statutory authority of section 5124 of the code (relating to particular areas of water).
D. Purpose and Background
The final-form rulemaking is designed to improve, enhance and update the Commission's administrative and boating regulations. The specific purpose of the final-form rulemaking is described in more detail under the summary of changes. On June 15, 2010, the Commission's Boating Advisory Board considered each of the proposals and recommended that the Commission approve the publication of a proposed rulemaking.
E. Summary of Changes
(1) Section 53.16 restricts the number of watercraft that may be launched or retrieved by livery operators at Commission accesses to eight watercraft or less in any 1-hour period except with the advance written approval of the Commission's Executive Director. Livery operators typically introduce new boaters to recreational boating and routinely provide new and existing boaters with safety instruction. The Commission therefore amended the regulation to allow less restrictive use of its accesses by livery operators and their customers. The Commission does not anticipate that user conflicts will result from this change. The Commission amended § 53.16 to read as set forth in the proposed rulemaking published at 40 Pa.B. 7239 (December 16, 2010).
(2) Section 95.3 provides boaters with detailed information on the requirements for types, configurations and locations of navigation lights on boats. Section 95.3(a) states, in part, that ''A boat from sunset to sunrise and during periods of restricted visibility shall carry and exhibit the lights prescribed by the Inland Navigation Rules. . . .'' Inland Navigation Rule 20, Part C—Lights and Shapes, states that ''The rules concerning lights shall be complied with from sunset to sunrise, and during such times no other lights shall be exhibited, except such lights as cannot be mistaken for the lights specified in these Rules do not impair their visibility or distinctive character, or interfere with the keeping of a proper look-out.''
Many boaters assume that docking lights may be used while a vessel is underway (when lights are required). Since docking lights can easily be mistaken for stern lights or all-round white lights, docking lights may not be displayed while a vessel is underway. However, it is clear that there is a need for boaters to use docking lights to safely approach a dock, a mooring buoy or even the shoreline. The Commission therefore amended the regulation to clarify when it is illegal to use docking lights. The Commission amended § 95.3 to read as set forth in the proposed rulemaking.
(3) The Commission created a slow, no-wake zone for just over 2 miles at the very uppermost limit to power boating and skiing activities created by the Piney Dam on the Clarion River. The Commission received input from anglers that boats have been traveling at high speeds through the indicated section of the Clarion River causing problems with angling on this narrow section of the Clarion River. Parts of the river in this stretch are less than 200 feet across and, therefore, in essence, are already slow, no-wake. The Commission's Northwest Region Manager reported that the new slow, no-wake zone is upstream of the very uppermost limit to where unlimited horse power boating is appropriate. Section 111.16 makes it clear to the boating public that this section is in fact slow, no-wake and makes enforcement of the restriction feasible by Commission law enforcement personnel. The Commission adds § 111.16 to read as set forth in the proposed rulemaking.
(4) Section 111.20 prohibits the anchoring of boats in the area along the western shoreline of Conneaut Lake commonly referred to as the ''sand bar'' and further provides that the no anchor zone will extend along the shoreline to a line of buoys approximately 75 feet out from the end of the steel cribs at either end of the zone. Over the years, there have been changes to the shoreline on Conneaut Lake. Waterways Conservation Officers are concerned about enforcing the regulation because the contours of the shoreline vary in the designated area and the end parameters (steel cribs) referred to in the regulation are no longer visible or present. The Commission therefore amended § 111.20 to read as set forth in the proposed rulemaking.
F. Paperwork
The final-form rulemaking will not increase paperwork and will not create new paperwork requirements.
G. Fiscal Impact
The final-form rulemaking will not have adverse fiscal impact on the Commonwealth or its political subdivisions. The final-form rulemaking will not impose new costs on the private sector or the general public.
H. Public Comments
The proposed rulemaking was published at 40 Pa.B. 7239. During the formal public comment period, the Commission received one comment opposing the amendment to § 53.16 and received six public comments generally expressing support for the amendment to § 95.3 provided it does not interfere with the sport of bowfishing or other nighttime fishing activity involving the use of permanently mounted lights. 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 all public comments 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 53, 95 and 111, are amended by amending §§ 53.16, 95.3 and 111.20 and by adding § 111.16 to read as set forth at 40 Pa.B. 7239.
(b) The Executive Director shall submit this order and 40 Pa.B. 7239 to the Office of Attorney General for approval as to legality and form as required by law.
(c) The Executive Director shall certify this order and 40 Pa.B. 7239 and deposit them with the Legislative Reference Bureau as required by law.
(d) This order shall take effect May 14, 2011.
JOHN A. ARWAY,
Executive DirectorFiscal Note: Fiscal Note 48A-222 remains valid for the final adoption of the subject regulations.
[Pa.B. Doc. No. 11-797. Filed for public inspection May 13, 2011, 9:00 a.m.]
