RULES AND REGULATIONS
FISH AND BOAT COMMISSION
[58 PA. CODE CHS. 53, 91, 107 AND 111]
Commission Property; Boating
[26 Pa.B. 5710] The Fish and Boat Commission (Commission) by this order amends Chapters 53, 91, 107 and 111. The Commission is publishing these amendments under the authority of 30 Pa.C.S. (relating to Fish and Boat Code) (code). The amendments deal with Commission property and boating.
A. Effective Date
These amendments will go into effect immediately upon publication of this order adopting the regulations.
B. Contact Person
For further information on the amendments, contact Dennis Guise, Chief Counsel, (717) 657-4525, P. O. Box 67000, Harrisburg, PA 17106-7000.
C. Statutory Authority
The 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 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 Section E of this Preamble.
E. Summary of Changes
A review of the Commission's property regulations and boating regulations uncovered several sections that required minor word changes or correction. The Commission therefore adopted amendments that:
(a) Change the specific restriction relating to Letterkenny Reservoir, Franklin County from hand powered boating only to electric motors 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, Berks 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 because the dam no longer exists, § 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 because the pond no longer exists, § 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).
On final rulemaking, the Commission clarified that the Boating Safety Certificate referred to in § 91.4(b) is one that is issued or recognized by the Commonwealth.
F. Paperwork
The amendments will not increase paperwork and will create no new paperwork requirements.
G. Fiscal Impact
The amendments will have no adverse fiscal impact on the Commonwealth or its political subdivisions. The amendments impose no new costs on the private sector or the general public.
H. Public Involvement
A notice of proposed rulemaking containing the proposed amendments was published at 26 Pa.B. 2709 (June 8, 1996). None of the proposed changes attracted public comment.
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 that all 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, 91, 107 and 111, are amended by amending §§ 53.13, 107.8, 111.6, 111.55, 111.64 and 111.66 to read as set at 26 Pa.B. 2709 and by amending § 91.4 to read as set forth at Annex A.
(b) The Executive Director will submit this order and Annex A to the Office of Attorney General for approval as to legality as required by law.
(c) The Executive Director will certify this order and Annex A 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 DirectorFiscal Note: 48A-55. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 58. RECREATION
PART II. FISH AND BOAT COMMISSION
Subpart C. BOATING
CHAPTER 91. GENERAL PROVISIONS § 91.4. Age of operator.
(a) A person 11 years of age or younger may not operate a motorboat propelled by a motor greater than 10 horsepower unless at least one person 16 years of age or older is present on the watercraft.
(b) A person 12 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 issued or recognized by the Commonwealth, unless there is at least one other person in the boat 16 years of age or older.
[Pa.B. Doc. No. 96-1962. Filed for public inspection November 22, 1996, 9:00 a.m.]
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