RULES AND REGULATIONS
FISH AND BOAT COMMISSION
[58 PA. CODE CHS. 91, 97, 99, 111 AND 115]
Boating
[27 Pa.B. 1156] The Fish and Boat Commission (Commission) amends Chapters 91, 97, 99, 111 and 115. The Commission is publishing these amendments under the authority of 30 Pa.C.S. (relating to the Fish and Boat Code) (code). The amendments relate to boating.
A. Effective Date
These amendments will go into effect upon publication of this order in the Pennsylvania Bulletin.
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
These amendments are published under the statutory authority of sections 5123 and 5124 of the code (relating to general boating regulations; and particular areas of water).
D. Purpose and Background
The amendments are designed to update, modify and improve Commission regulations on boating. The specific purpose for the various amendments is described in more detail under Summary of Changes. At its meeting on December 20, 1996, the Commission's Boating Advisory Board reviewed the amendments and recommended final adoption by the Commission.
E. Summary of Changes
(1) Section 91.2(b) (relating to definitions). The regulations require that all boats display running lights (red/green side lights and a white stern light) while underway at night and during periods of limited visibility. Boats at anchor are required to display an anchor light (an all around white light). There appears to be some confusion by the public concerning when a boat is underway and when it is not. The Commission amended the regulation to add a definition of ''underway,'' as set forth in the Navigation Rules published by the United States Coast Guard.
(2) Section 91.5 (relating to parental and boat owner responsibility). The regulations currently place requirements on young boaters, including the prohibition against the operation of boats powered by motors in excess of 10 horsepower. See § 91.4 (relating to age of operator). Enforcement generally is not an issue, but in certain instances when more than a warning is needed, an enforcement officer's only recourse is to issue a citation to the youthful operator. In many cases when a law enforcement response in excess of a warning is required, it would be preferable to proceed against the adult parent or guardian or boat owner who allowed the child to violate the regulation. At its January 1997 meeting, the Commission amended this section to place the responsibility on the owner of the boat or the parent or guardian to assure compliance with the regulations.
(3) Section 91.6 (relating to certificates). Several regulations require that certain boat operators obtain boating safety certificates before operating a motorboat. For example, § 91.4(b) provides that a person 12 to 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. When adopted, the intent of these regulations was to ensure that operators have sufficient knowledge to operate a boat. While implied, the regulations do not require that operators carry a certificate or show it to a law enforcement officer. This creates somewhat of a problem in that operators can state that they have a certificate, but the officer cannot demand proof of the certificate. The Commission amended the regulations to add a new section that places a general requirement that any certificate required by the code be carried and produced when requested by an enforcement officer.
(4) Section 97.1(h) and (i). The term ''open waters'' as used in subsection (h) is not defined or described anywhere in the regulations. Nor is the term defined in the Navigation Rules or in Chapman's Piloting. Some individuals have interpreted this term as referring only to larger waters, such as Lake Erie, Raystown or other big lakes. So that this subsection is not misinterpreted, the Commission amended the regulation to delete the phrase ''on open waters.'' The Commission also amended the section to add language to subsection (h) that would allow a law enforcement officer to proceed against the operator of a boat who does not cause a child 12 years of age or younger to wear a personal flotation device as required by this section. Although enforcement generally is not an issue, there are certain instances when more than a warning is needed and an enforcement officer's issuance of a citation to the child is not desirable. In addition, the Commission deleted subsection (i) because on May 1, 1996, its provisions became obsolete.
(5) Section 99.1(b) (relating to boats requiring capacity plates). The Commission has received numerous telephone calls questioning the requirement for a capacity plate on pontoon boats. To eliminate any confusion that a pontoon boat does not require a capacity plate, the Commission amended this section to exempt specifically pontoon boats.
(6) Section 111.31(c) (relating to Perez Lake, Huntingdon County). Perez Lake, located in Barree Township, Huntingdon County is owned and operated by Penn State University and is classified as an approved trout water. The lake is also open to public fishing. The University has established its own property regulations on Perez Lake. One of the University regulations is that only nonpowered and electric-powered boats are permitted on the lake. Because this section is solely a University property regulation, the Commission's enforcement officers cannot enforce it under the code. The Commission amended this section to add a new subsection that prohibits the operation of boats powered by internal combustion motors on Perez Lake.
(7) Section 115.11 (relating to personal flotation devices). The current regulations permit the carriage and use of Type I and Type II personal flotation devices (PFDs) on passenger carrying vessels. This restriction is based on the better performance characteristics of these devices. Other generally approved PFDs have less buoyancy and may not perform as well in certain circumstances. The problem is that Type I and II PFDs are also more uncomfortable to wear. The Commission has been encouraging boaters to wear PFDs. Type III and V PFDs are much more wearable and would be a better choice than Type I and II devices on Pennsylvania inland waters yet cannot be used on passenger for hire boats. The Commission therefore amended the regulation to allow the use of Type III and V PFDs on boats carrying passengers for hire. It should be noted that this regulation applies only to sole State waters.
F. Paperwork
The amendments hereby adopted 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 was published at 26 Pa.B. 6091 (December 21, 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 no comments were received.
(3) The adoption of the regulations 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 91, 97, 99, 111 and 115, are amended by amending §§ 91.2, 97.1, 99.1, 111.31 and 115.11 and adding §§ 91.5 and 91.6 to read as set forth at 26 Pa.B. 6091.
(b) The Executive Director will submit this order and 26 Pa.B. 6091 to the Office of Attorney General for approval as to legality as required by law.
(c) The Executive Director will certify this order and 26 Pa.B. 6091 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: Fiscal Note 48A-59 remains valid for the final adoption of the subject regulations.
[Pa.B. Doc. No. 97-353. Filed for public inspection March 7, 1997, 9:00 a.m.]
No part of the information on this site may be reproduced for profit or sold for profit.This material has been drawn directly from the official Pennsylvania Bulletin full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.
