Section 53.16. Special use

(a) Property owned or controlled by the Commission is intended for use as is related to fishing, boating and other public purposes of the Commission. Except with the express written permission of the Executive Director or his designee, it is unlawful to use Commission-owned or -controlled property for personal, organizational or commercial purposes other than the intended use of the property.

(b) The Executive Director or a designee may issue special activity permits for special uses of Commission property to persons and organizations such as scout, church groups, fire and rescue organizations, Red Cross and like organizations, when it is determined that the use will not damage Commission property or interfere with its use for its normally intended purposes by members of the public. The sponsors of a special activity permitted to take place on Commission property shall have a copy of the permit issued under this authority in their possession during the activity or event and shall, upon request, display the permit to authorized Commission personnel.

(c) It is unlawful to launch or retrieve swimming aides, such as inner tubes, from Commission-owned or -controlled access areas.

(d) Commission-owned and -controlled access areas are for the use of the fishing and boating public and may not be converted to a commercial use that impairs free public use of the areas. Limited commercial use relating to fishing and boating that does not interfere with free public use of the access will be permitted subject to the following conditions:

(1) Boats launched or retrieved from Commission-owned and -controlled access areas must be currently registered or display current launch permit decals.

(2) The commercial enterprise may not interfere in any way with the free public use of the ramp, parking or other facilities at the access area.

(i) For Commission-owned and -controlled access areas with eight parking spaces or less, no more than one of the available parking spaces may be used by the commercial enterprise.

(ii) For Commission-owned and -controlled access areas with nine to 20 parking spaces, no more than three of the available parking spaces may be used by the commercial enterprise.

(iii) For Commission-owned and -controlled access areas of 21 parking spaces or more, no more than five of the available parking spaces may be used by the commercial enterprise.

(iv) Pretrip instructions provided by the commercial enterprise to its customers shall be conducted in an area at the access area away from the launch ramp so as to not interfere with other parties launching boats.

(3) The commercial enterprise shall yield at all times to other public users of the boat ramp when launching or retrieving boats.

(4) The use of a Commission-owned and -controlled access area shall be based on the facility in its current condition. The Commission will not add amenities or make improvements at the access based on increased commercial use of the access.

(5) This subsection does not apply to persons who operate an authorized concession at Commission-owned or -controlled access areas.

(6) This subsection does not apply to accesses on the upper Delaware River where Commercial Use Authorization Provisions for Guides are in force by the National Park Service.

(7) As used in this subsection, the term ‘‘commercial enterprise’’ means a business that rents or loans boats for consideration.

The provisions of this § 53.16 amended December 28, 1984, effective December 29, 1984, 14 Pa.B. 4691; amended May 13, 2011, effective May 14, 2011, 41 Pa.B. 2438. Immediately preceding text appears at serial pages (290187) and (269121).

Notation

Authority

The provisions of this § 53.16 issued under the Fish and Boat Code (30 Pa.C.S. § § 305, 322, 741, 928, 2102, 2307, 2711, 5122, 5123 and 5124).