PROPOSED RULEMAKING
FISH AND BOAT
COMMISSION
[58 PA. CODE CHS. 53, 105 AND 109]
Commission Property and Boating
[27 Pa.B. 1159] The Fish and Boat Commission (Commission) proposes to amend 58 Pa. Code Chapters 53, 105 and 109 (relating to Commission property; operational conditions; and specialty boats and waterskiing activities). The Commission is publishing these amendments as a notice of proposed rulemaking under 30 Pa.C.S. (relating to Fish and Boat Code) (code). The proposed amendments relate to Commission property and boating.
A. Effective Date
These proposed amendments will, if approved on final rulemaking, go into effect upon publication of an order adopting the amendments in the Pennsylvania Bulletin.
B. Contact Person
For further information on the proposed changes, contact Laurie E. Shepler, Assistant Counsel, (717) 657-4546, P. O. Box 67000, Harrisburg, PA 17106-7000.
C. Statutory Authority
These proposed amendments are published under the statutory authority of sections 741 and 5123 of the code (relating to control of property; and general boating regulations).
D. Purpose and Background
The proposed 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 the Summary of Proposal.
E. Summary of Proposal
(1) Section 53.8 (relating to boats). The Commission has owned and operated lakes for fishing for many years. Boats of any kind were originally prohibited because these lakes were deemed to be for fishing. Over time, these restrictions were relaxed. First, unpowered boats, except sailboats, were permitted. Then the Commission allowed boats with electric motors. Finally, sailboats were permitted but were restricted to boats less than 14 feet on lakes less than 100 acres and less than 17 feet on all other lakes. Sailboats also were not permitted on trout stocked lakes from opening day of trout season until June 1.
The original restrictions were based on the principle that the lakes were fishing lakes and not boating. The actual reasons for the change in direction are lost in the records, but it is assumed that the Commissioners at that time began to realize that fishing from a boat did not hurt the resource and would provide additional enjoyment. Sailboats were considered not to be useful for fishing and therefore were not included. It was further thought that the operation of sailboats would impact the use of the lakes by fishermen. They feared uncontrolled sailboats running over anglers' fishing lines.
The use of Commission lakes by sailboats is limited, but the potential for additional use exists. Since the Commission is charged with providing both fishing and boating opportunities, the Commission proposes to amend the current regulations to accommodate both uses within acceptable management principles. The proposed amendment will provide additional resources for use by sailboats. The Commission therefore proposes that § 58.3(b) be eliminated. The Commission's Boating Advisory Board (Board) previously recommended the publication of a notice of proposed rulemaking containing this change.
(2) Sections 105.3 and 109.3 (relating to unacceptable boating practices; and personal watercraft). At the 1996 annual conference, the National Association of State Boating Law Administrators (NASBLA) adopted changes to the model Personal Watercraft Act. The amendments were directed at further refining the use and operation of these boats. Although the Commission already has implemented several of the changes, staff wished to include several new sections relating to operating in proximity of other boats. Additionally, staff proposed that the age for operating personal watercraft solo be raised to 16. Staff proposed that these changes be incorporated into § 109.3 (relating to personal watercraft).
At its December 20, 1996 meeting, the Board considered these changes and concluded, with the concurrence of staff, that the majority of the discussed restrictions should not apply solely to personal watercraft but to other boats as well. Therefore, the Board recommended that the Commission amend these provisions, with a few changes, into existing unacceptable boating practices in § 105.3. The Board, however, did not recommend that the Commission adopt the staff's recommendation that the age for operating personal watercraft solo be raised to 16 years.
At its January 25, 1997 meeting, the Commission considered these changes. With regard to § 105.3, the Commission approved the publication of a notice of proposed rulemaking consistent with the recommendations of the Board. With regard to § 109.3, the Commission, contrary to the recommendation of the Board, approved the publication of a notice of proposed rulemaking containing a provision that no person 15 years of age or younger may operate a personal watercraft on the waters of this Commonwealth, except a person 12 to 16 years of age may operate a personal watercraft if a person at least 18 years of age is on board the boat.
(3) Sections 109.2--109.4 (relating to sailboards; personal watercraft; and waterskiing, aquaplaning, kite skiing and similar activities). The Coast Guard has adopted regulations that will allow manufacturers to produce fully inflatable personal flotation devices (PFD) for the recreational boating market in 1997. This action is seen by many as a major step forward in boating safety. With these devices, more boaters will be willing to wear a PFD. Wearing a PFD has been shown to be the single most effective factor that boaters can do to increase their chances of surviving a boating accident. However, the fully inflatable PFD is not designed to be the PFD of choice for all activities. While it is ideal for cruising boats and fishing boats, it is not well designed for use on boats where the participant ends up in the water on a routine basis. Examples of this type of boat would be personal watercraft and sailboats. Use by waterskiers also would have the reverse effect than that which is desired.
Some inflatable PFDs are being manufactured so that they automatically inflate when submersed; others must be manually inflated by jerking a cord. Both types will have an oral backup capability. Boaters and waterskiers who are frequently in the water will find an automatic inflatable device an inconvenience as it inflates every time that it falls into the water. A manual inflation device also would not be a good choice because these individuals often end up in the water under conditions that would not allow them to inflate the device in time to save their lives. Manufacturers intend to place a warning label on their packaging about the dangers of using a fully inflatable PFD in the wrong circumstances. This warning to the purchaser will not be enough to prevent unknowledgeable boaters from purchasing or using these devices when they should not.
The Commission is therefore proposing amendments to §§ 109.2--109.4 that clarify that inflatable PFDs may not be used to meet the requirements of these sections. The Commission's Board previously recommended the publication of a notice of proposed rulemaking containing these changes.
F. Paperwork
The proposed amendments will not increase paperwork and will create no new paperwork requirements.
G. Fiscal Impact
The proposed amendments will have no adverse fiscal impact on the Commonwealth or its political subdivisions. The proposed amendments will impose no new costs on the private sector or the general public.
H. 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 Pennsylvania Bulletin.
PETER A. COLANGELO,
Executive DirectorFiscal Note: 48A-64. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 58. RECREATION
PART II. FISH AND BOAT COMMISSION
Subpart A. GENERAL PROVISIONS
CHAPTER 53. COMMISSION PROPERTY § 53.8. Boats.
* * * * * [(b) A sailboat over 17 feet in length may not be used on a Commission lake. On lakes less than 100 acres in size, sailboats may not be over 14 feet in length. On trout stocked lakes, sailboats are not allowed between the date trout season opens and June 1.]
[(c)] (b) ***
[(d)] (c) ***
[(e)] (d) ***
[(f)] (e) ***
[(g)] (f) ***
[(h)] (g) ***
[(i)] (h) ***
[(j)] (i) ***
Subpart C. BOATING
CHAPTER 105. OPERATIONAL CONDITIONS § 105.3. Unacceptable boating practices.
It is unlawful to:
* * * * * (5) Cause a boat to become airborne or completely leave the water while crossing the wake of another boat when within 100 feet of the boat creating the wake.
(6) Weave through congested traffic.
(7) Follow too close to another boat, including personal watercraft. For the purposes of this paragraph, following too close shall be construed as operating in excess of slow, minimum height swell speed within 100 feet to the rear or 50 feet to the side of another boat that is underway, unless the boats are operating in a narrow channel, in which case the boats may operate at the speed and flow of other boat traffic.
(8) Operate within 100 feet of a waterskier being towed by another boat.
CHAPTER 109. SPECIALTY BOATS AND WATERSKIING ACTIVITIES § 109.2. Sailboards.
* * * * * (b) Personal flotation devices. [A person may not] It is unlawful for a person to operate or attempt to operate a sailboard on waters of this Commonwealth unless the person is wearing a Type I, II, III or V United States Coast Guard approved personal flotation device. Inflatable personal flotation devices may not be used to meet this requirement.
§ 109.3. Personal watercraft.
* * * * * (b) It is unlawful for a person to operate, or be a passenger onboard, a personal watercraft on the waters of this Commonwealth unless the person is wearing a Type I, II, III or V United States Coast Guard approved personal flotation device. Inflatable personal flotation devices may not be used to meet this requirement.
* * * * * (h) A person 15 years of age or younger may not operate a personal watercraft on the waters of this Commonwealth, except a person 12 to 16 years of age may operate a personal watercraft if a person at least 18 years of age is on board the boat.
§ 109.4. [Water skiing] Waterskiing, aquaplaning, kite skiing and similar activities.
* * * * * (f) PFDs. [A person may not] It is unlawful for a person to operate a boat on the waters of this Commonwealth for [water skiing] waterskiing unless each person being towed is wearing a Type I, II, III or V United States Coast Guard approved PFD. Inflatable PFDs may not be used to meet this requirement.
[Pa.B. Doc. No. 97-354. Filed for public inspection March 7, 1997, 9:00 a.m.]
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