PROPOSED RULEMAKING
FISH AND BOAT COMMISSION
[58 PA. CODE CHS. 53, 91, 107 AND 111]
Commission Property; Boating
[26 Pa.B. 2709] The Fish and Boat Commission (Commission) proposes to amend Chapters 53, 91, 107 and 111. The Commission is publishing these amendments as a notice of proposed rulemaking under the authority of 30 Pa.C.S. (relating to the Fish and Boat Code) (code). The proposed amendments deal with Commission property and boating.
A. Effective Date
These proposed amendments will, if approved on final rulemaking, go into effect immediately upon publication of an order adopting these amendments.
B. Contact Person
For further information on the proposed amendments, contact Dennis Guise, Chief Counsel, (717) 657-4525, P. O. Box 67000, Harrisburg, PA 17106-7000.
C. Statutory Authority
These proposed amendments are published under the statutory authority of sections 741, 5123 and 5124 of the code (relating to control of property; general boating regulations; and particular areas of water).
D. Purpose and Background
The proposed amendments are designed to update, modify and improve Commission regulations on Commission property and boating. The specific purpose of the various amendments is described in more detail under the summary of proposal.
E. Summary of Proposal
A review of the Commission's property regulations and boating regulations has uncovered several sections that require minor word changes or correction. The Commission therefore is seeking public comment on proposed amendments that:
(a) Change the specific restriction relating to Letterkenny Reservoir, Franklin County from hand powered boating only to electric motor only, § 53.13(c) (relating to domestic water supply reservoirs).
(b) Clarify the age of those individuals who may not operate a motorboat propelled by a motor of greater than 10 horsepower without obtaining a Boating Safety Certificate, unless there is at least one other person in the boat 16 years of age or older, § 91.4(b) (relating to age of operator).
(c) Clarify that law enforcement boats may violate certain boating restrictions when necessary in the performance of their official duties, § 107.8(b) (relating to vessels permitted on restricted waters).
(d) Clarify that no more than one waterskier may be towed behind a boat on Blue Marsh Lake, Bucks County, § 111.6(a)(3) (relating to Berks County).
(e) Delete the provision prohibiting the operation of boats powered by internal combustion motors at Mussers Dam, Snyder County, § 111.55(a) (relating to Snyder County).
(f) Delete the provision prohibiting the operation of boats powered by internal combustion motors on Reinings Pond, Wayne County, § 111.64(g) (relating to Wayne County).
(g) Clarify that no more than two waterskiers may be towed behind a boat on Lake Winola, Wyoming County, § 111.66(b)(1) (relating to Wyoming County).
F. Paperwork
The proposed amendments will not increase paperwork and will create no new paperwork requirements.
G. Public Comments
Interested persons are invited to submit written comments, objections or suggestions about the proposed amendments to the Executive Director, Fish and Boat Commission, P. O. Box 67000, Harrisburg, PA 17106-7000, within 30 days after publication of this notice in the Pennsyvlania Bulletin.
PETER A. COLANGELO,
Executive Director(Editor's Note: Section 111.64 was amended at 26 Pa.B. 1822 (April 20, 1996) and will be codified in the June 1996 Pennsylvania Code Reporter.)
Fiscal Note: 48A-55. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 58. RECREATION
PART II. FISH AND BOAT COMMISSION
Subpart A. GENERAL PROVISIONS
CHAPTER 53. FISH AND BOAT COMMISSION PROPERTY § 53.13. Domestic water supply reservoirs.
* * * * * (Editor's Note: The Commission is proposing to delete the current version of the chart which appears in § 53.13(c) (Pennsylvania Code serial page (205483)) and replace it with the version which follows:
(c) Specific restrictions are contained in the following table:
Elec- All Hand Ice Ice Wading Hunting Area Overnight tric Boating Powered Fishing Skating Prohibited Prohibited Closed Mooring of Motors Prohibited Boating Prohibited Prohibited 9 p.m.- Boats Only Only 5 a.m. Prohibited Birch Run
Reservoir, Adams Co.X X X X Long Pine
Reservoir,
Adams Co.X X X X Ebensburg
Reservoir,
Cambria Co.X X Middletown
Reservoir,
Dauphin Co.X X X* Laurel Run
Reservoir,
Elk Co.X Eaton
Reservoir,
Erie Co.X X Waynesboro
Reservoir,
Adams Co.X X Letterkenny
Reservoir,
Franklin Co.X X X Laurel Cr.
Reservoir,
Mifflin Co.X X Union City
Authority
Reservoir,
Erie Co.X* X Wisecarver
Reservoir,
Greene Co.X X X* Lawrence B.
Sheppard
Reservoir,
York Co.X X X Sheppard and Myers
Reservoir,
York Co.X X X *NOTE: Wading with hip boots is permitted.
Subpart C. Boating
CHAPTER 91. GENERAL PROVISIONS § 91.4. Age of operator.
* * * * * (b) A person 12 [to] through 15 years of age may not operate a motorboat propelled by a motor of greater than 10 horsepower without obtaining a Boating Safety Certificate, unless there is at least one other person in the boat 16 years of age or older.
CHAPTER 107. BOATING RESTRICTIONS § 107.8. Vessels permitted on restricted waters.
(a) ***
* * * * * (b) When compliance would impede performance of their official functions, law enforcement boats and emergency boats operated by Federal, state or local agencies may be operated in violation of Chapters 103 and 105 (relating to rules of the road; and operational conditions).
CHAPTER 111. SPECIAL REGULATIONS COUNTIES § 111.6. Berks County.
(a) Blue Marsh Lake. The following special regulations apply to Blue Marsh Lake:
(3) [A boat may not tow more than one water-skier at a time.] No more than one waterskier may be towed behind a boat.
§ 111.55. Snyder County.
[(a) Mussers Dam. The operation of boats powered by internal combustion motors is prohibited.
(b)] Walker Lake. The operation of boats powered by internal combustion motors is prohibited.
§ 111.64. Wayne County.
* * * * * [(g) Reinings Pond. The operation of boats powered by internal combustion motors is prohibited.
(h)] (g) ***
[[i]] (h) ***
[[j]] (i) ***
§ 111.66. Wyoming County.
* * * * * (b) Lake Winola.
(1) [A boat may tow only two waterskiers at a time.] No more than two waterskiers may be towed behind a boat.
* * * * *
[Pa.B. Doc. No. 96-921. Filed for public inspection June 7, 1996, 9:00 a.m.]
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