PROPOSED RULEMAKING
[58 PA. CODE CHS. 69 AND 111]
Fishing and Boating
[26 Pa.B. 6098] The Fish and Boat Commission (Commission) proposes to amend Chapters 69 and 111 (relating to fishing in Lake Erie and boundary lakes; and special regulations counties). The Commission is publishing these amendments as a notice of proposed rulemaking under the authority of 30 Pa.C.S. (relating to Fish and Boat Code) (code). The proposed amendments relate with fishing and boating.
A. Effective Date
These proposed amendments will, if approved on final rulemaking, go into effect on January 1, 1997, or upon publication of an order adopting these regulations, whichever comes later.
B. Contact Person
For further information on the proposed changes, 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 2102 and 5124 of the code (relating to rules and regulations; and particular areas of water).
D. Purpose and Background
The proposed amendments are designed to update, modify and improve Commission regulations on fishing and boating. The specific purpose for the amendments is described in more detail under the summary of proposal.
E. Summary of Proposal
a) Section 69.12 (relating to seasons, sizes and creel limits--Lake Erie). At its January 1996 meeting, the Commission, on final rulemaking, amended § 69.12 to provide that from 8 a.m. the first Saturday after April 11 until 12:01 a.m. the day after Labor Day, the daily limit for trout and salmon is 8 (combined species), only two of which can be lake trout and of the entire catch (combined species), only three can exceed 15 inches in length. After the final rulemaking was approved, the Commission received inquiries and comments concerning the restriction as applied to Lake Erie and Presque Isle Bay. It was pointed out that, on Lake Erie and Presque Isle Bay, the three fish over 15-inch limit could be unduly restrictive since a relatively high proportion of the catch of trout and salmon exceeds 15 inches. The Commission, therefore, proposes to increase the number of trout and salmon per day that may exceed 15 inches in length from three to five.
b) Section 111.58 (relating to Susquehanna County). The Laurel Lake Association, Inc. Boating Committee petitioned the Commission to reconsider the current 60 horsepower restriction on Laurel Lake, Susquehanna County. The petitioners cited the size of the lake, more stringent restrictions on lakes of similar size, environmental concerns of the use of gasoline motors on such a small lake, the lack of enforcement by the Commission of current restrictions, and interference with other uses of the lake caused by high speed operation of motorboats as valid reasons for the reconsideration.
The Commission accepted the petition for further review at its July 1995 meeting and directed staff to prepare a report with recommendations for further action. After considering the use of the Laurel Lake and its physical constraints, staff recommended that additional restrictions on the operations of boats on this lake may be appropriate. The Boating Advisory Board (Board) reviewed the report and staff recommendations at its January 1996 meeting. The Board voted to recommend that the Commission consider an alternative regulation. The Commission's Boating Committee then recommended that the Commission not approve the staff and Board recommendations. The Commission therefore proposed to keep the present regulations in effect with one change, that is, to ban the operation of personal watercraft. At its July 1996 meeting, the Commission, on final rulemaking, adopted the personal watercraft amendment to § 111.58(d).
At its July and October 1996 meetings, the Commission also authorized the publication of a separate notice of proposed rulemaking to seek public comment on proposed amendments further limiting the operation of boats with internal combustion motors. Although there are at least two distinct viewpoints from persons who reside around or boat on Laurel Lake, there is general agreement that the interests of safe boating on this small impoundment require restrictions on the number of boats on the lake. In addition, the Commission is seeking public comment on a proposed system whereby boats powered by internal combustion motors of up to 60 horsepower must have a special permit to operate on Laurel Lake.
The proposed changes set forth in Annex A contain a number of provisions related to limiting the number of boats powered by internal combustion motors that may receive permits to operate on Laurel Lake and further restricting operations of the boats on the Lake. The Commission is specifically inviting public comment on the various aspects of the proposal as alternatives. Although the proposed changes are not mutually exclusive, the Commission is asking commentators to address comments to two distinct aspects of the proposal:
a) Limiting the number of Laurel Lake permits for boats powered by internal combustion motors. One aspect of the proposal provides that no boats powered by internal combustion motors will be permitted to operate on Laurel Lake if the Lake was not its site of principal operation during the preceding year and if Laurel Lake is not the site of principal operation in the year of the permit. The Commission envisions a very simple application process for this permit whereby a registered boat owner would simply certify, under penalty of law, that Laurel Lake was the site of principal operation in the preceding year. Since Laurel Lake has no publicly owned or controlled boating access, this means that only those boats that operated on the Lake in the past will be allowed to do so in the future. This will essentially freeze the number of internal combustion boats on Laurel Lake. This aspect of the proposal also provides that number of permits for boats powered by internal combustion motors will gradually be reduced as boats go out of service, are moved elsewhere or are sold or transferred.
b) Creating an internal combustion motorboat operating zone. Another aspect of the proposal provides that internal combustion motorboats, which hold special Laurel Lake permits, are restricted to slow, minimum height swell speed operation except in a marked operating zone on the upper pond where, at any one time, no more than two such boats may operate at higher speeds (with or without water skiers) by boating in a counterclockwise direction in accordance with the Rules of the Road and other restrictions on operation of boats at Laurel Lake. The Commission is asking commentators to provide comments and suggestions as to whether, if the operating zone aspect of the proposal were adopted, it would be necessary or appropriate to limit permits to boats that had used Laurel Lake as the site of principal operation during the preceding year and whether it would be necessary or appropriate to gradually phase out the number of internal combustion motorboats on the Lake.
F. Paperwork
The proposed amendments will result in modest increases in paperwork. The proposed Laurel Lake motorboat permit will affect a small number of boaters. Estimates are that less than 20 motorboats use Laurel Lake as a site of principal operation, and these may desire to obtain annual permits. We envision the no-fee permit process to be very simple, involving a description of the boat, its HIN, its Pennsylvania registration number, its motor serial number and a certification that Laurel Lake was and will be the site of principal operation of the boat.
G. Public Comments
Interested persons are invited to submit written comments, objections or suggestions about the proposed amendments to the Executive Director, Pennsylvania Fish and Boat Commission, P. O. 67000, Harrisburg, PA 17106-7000, within 30 days after publication of this notice in the Pennsylvania Bulletin.
PETER A. COLANGELO
Executive Director(Editor's Note: Amendments to §§ 69.12 and 69.13 appeared at 26 Pa.B. 5701 and 5711 (November 23, 1996) and an amendment to § 111.58 appeared at 26 Pa.B. 5711 (November 23, 1996). These amendments will be codified in MTS 266 (January, 1997).)
Fiscal Note: 48A-58. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 58. RECREATION
PART II. FISH AND BOAT COMMISSION
Subpart B. FISHING
CHAPTER 69. FISHING IN LAKE ERIE AND BOUNDARY LAKES § 69.12. Seasons, sizes and creel limits--Lake Erie
* * * * * (d) The following seasons, sizes and creel limits apply to Lake Erie and Presque Isle Bay, including peninsula waters:
SPECIES SEASONS MINIMUM SIZE DAILY LIMIT * * * * * TROUT and
SALMONFirst Saturday after April 11 until [12:01 a.m. the day after] midnight Labor Day. 9 inches 8 (combined species only 2 of which may be lake trout). Of the entire catch (combined species) only [3] 5 fish total may exceed 15 inches in length. 12:01 a.m. the day after Labor Day until midnight on the Friday before the first Saturday after April 11 15 inches 3 (combined species only 2 of which may be lake trout). * * * * * § 69.13. Seasons, sizes and creel limits--Lake Erie Tributaries
* * * * * (d) Except as provided in §§ 69.14 and 69.15 (relating to special regulations applicable during the fall season; and miscellaneous special regulations) and for those waters listed as nursery waters, the following seasons, sizes and creel limits apply to the tributary streams of Lake Erie in this Commonwealth:
SPECIES SEASONS MINIMUM SIZE DAILY LIMIT TROUT and
SALMON8:00 a.m. first Saturday after April 11 until [12:01 a.m. the day after] midnight Labor Day. 9 inches 8 (combined species only 2 of which may be lake trout). Of the entire catch (combined species) only 3 fish total may exceed 15 inches in length. 12:01 a.m. the day after Labor Day until midnight on the Friday before the first Saturday after April 11 15 inches 3 (combined species only 2 of which may be lake trout). * * * * *
Subpart C. BOATING
CHAPTER 111. SPECIAL REGULATIONS COUNTIES § 111.58. Susquehanna County
* * * * * (d) Laurel Lake.
(1) General restriction. After [January 1, 1994] April 1, 1997, the operation of boats [with motors rated greater than 60 horsepower] powered by internal combustion motors is prohibited except as provided in paragraphs (2) and (3).
(2) Special permits for operation of boats powered by motors of up to 60 horsepower. Upon application, the Commission may issue a permit to authorize a boat powered by a motor of up to 60 horsepower to operate on Laurel Lake. Permits may be obtained from the Northeast Regional Law Enforcement Office, Box 88, Sweet Valley, PA 18656. To qualify for a permit, an applicant shall certify, under penalty of law, that Laurel Lake was the site of principal operation of the boat during the preceding boating season and will be the site of principal operation during the season for which the permit is issued. The permit will expire on December 31 of the year for which issued, provided that a permit may be renewed upon certification, under penalty of law, that Laurel Lake was the site of principal operation during the preceding year and will be the site of principal operation during the season for which the permit is issued. In addition, a permit issued under this section terminates when the boat is sold, transferred or otherwise conveyed to a person other than the spouse or child or a deceased owner.
(3) Restrictions on operation of boats powered by internal combustion motors. Operation of boats powered by internal combustion motors that have been issued permits under paragraph (2) shall be subject to the following restrictions:
[(2)] (i) Waterskiing. No more than one waterski device with a maximum of one skier may be towed by a boat.
[(3)] (ii) [Boats are limited to slow, minimum height swell speed from 6 p.m. until noon of the following day on the upper lake and at all times on the lower lake.] Upper Lake: Boat speed is limited to slow, minimum height swell speed except that, during the period from noon until 6 p.m., no more than two boats powered by internal combustion motors may, at any one time, operate at speeds greater than slow, minimum height swell speed in the marked boat operating zone. Boats operating in the marked zone shall circle in a counter-clockwise direction and shall be subject to the restrictions in this subsection and the provisions of the code and this subpart. It is unlawful to waterski or to operate a boat at greater than slow, minimum height swell speed at any location on the upper lake from 6 p.m. until noon of the following day.
[(4)] (iii) [Water skiing is prohibited from 6 p.m. until noon of the following day on the upper lake and at all times on the lower lake.] Lower Lake: It is unlawful to waterski or to operate a boat at greater than slow, minimum height swell speed at any time at any location on the lower lake.
[(5)] (iv) The operation of personal watercraft is prohibited.
* * * * *
[Pa.B. Doc. No. 96-2142. Filed for public inspection December 20, 1996, 9:00 a.m.]
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