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PA Bulletin, Doc. No. 99-1008

RULES AND REGULATIONS

Title 58--RECREATION

FISH AND BOAT COMMISSION

[58 PA. CODE CHS. 51, 65 AND 111]

Order to Show Cause; Trout Run Reservoir, Berks County--Fishing; Duck Harbor Pond, Wayne County--Boating

[29 Pa.B. 3210]

   The Fish and Boat Commission (Commission) by this order amends Chapters 51, 65 and 111 (relating to administrative provisions; special fishing regulations; and special regulations counties). The Commission is publishing these amendments under the authority of 30 Pa.C.S. (relating to the Fish and Boat Code) (code). The amendments deal with administration, fishing and boating.

A.  Effective Date

   The amendments will go into effect upon publication of an order adopting the amendments in the Pennsylvania Bulletin.

B.  Contact Person

   For further information on the amendments, contact Laurie E. Shepler, Assistant Counsel, (717) 657-4546, P. O. Box 67000, Harrisburg, PA 17106-7000. This final rulemaking is available electronically through the Commission's Web site (http://www.fish.state.pa.us).

C.  Statutory Authority

   The amendments are published under the statutory authority of sections 928(c), 2102 and 5124 of the code (relating to revocation, suspension or denial of license; permit or registration; rules and regulations; and particular areas of water).

D.  Purpose and Background

   The amendments are designed to update, modify and improve the Commission's administrative, fishing and special boating regulations. The specific purpose of the amendments is described in more detail under the summary of changes. Prior to final consideration by the Commission of the amendment to § 111.64 (relating to Wayne County), the Commission's Boating Advisory Board reviewed the proposal and recommended adoption by the Commission.

E.  Summary of Changes

   (1)  Section 51.23 (relating to order to show cause). The Commission's regulations provide that when the Executive Director, after seeking staff input, determines that revocation or suspension proceedings should go forward, he will cause the violator to be served with an order to show cause (why the violator's boating or fishing privileges should not be revoked or suspended). Current regulations provide that service of the order to show cause shall be by certified or registered mail. Many times, however, the violator fails or refuses to claim the certified mail that contains the order to show cause. After three unsuccessful attempts to deliver the certified letter, the post office returns it to the Commission. Staff then, under current practice, resend the letter by means of regular mail. The Commission has amended § 51.23 so that the regulations are consistent with the current practice.

   (2)  Section 65.24 (relating to miscellaneous special regulations). At 21 Pa.B. 3693 (August 31, 1991), the Commission designated Trout Run Reservoir in Berks County as a water to be regulated and managed under § 65.9 (relating to big bass special regulations). At that time, Trout Run Reservoir was closed to public fishing under § 65.24. When the water was added to the Big Bass Special Regulations program, it was intended that it be removed from miscellaneous special regulation. However, due to an oversight, this was never done. The Commission recently discovered this omission and has amended the regulation to correct the error.

   (3)   Section 111.64 (relating to Wayne County). The Commission received a petition requesting that the Commission modify special boating regulations on Duck Harbor Pond. The regulations, in place since 1983, prohibit waterskiing except between 10 a.m. and 6 p.m. on weekdays and between 10 a.m. and 4 p.m. on weekends. The petition requested that the Commission permit waterskiing and other high speed boat operation between the hours of 10 a.m. and 6 p.m. and create a 10 mph speed limit from 6 p.m. until 10 a.m.

   Duck Harbor Pond is located in Wayne County. Due to the shoreline structure and shallow stump areas, the lake has about 150 acres of usable open water. Since the early 1980s a number of cottages have been built on the land surrounding the lake. It is a popular boating lake, and while the fisheries have declined in recent years, it still provides angling opportunities. Most access is gained through private docks and moorings. The Commission maintains a small access area at the west end of the lake. Joe Harcum is the owner of the land under and around most of the lake. He supports the modifications to the special regulations.

   Although the petition sought a speed limit of 10 mph, the Commission's Bureau of Law Enforcement had concerns regarding the enforcement of the limit. Therefore, the Commission has amended the special regulations to limit the speed of boats to slow, minimum height swell speed between the hours of 6 p.m. and 10 a.m.

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 will impose no new costs on the private sector or the general public.

H.  Public Involvement

   A notice of proposed rulemaking was published at 29 Pa.B. 1224 (March 6, 1999). The Commission did not receive any public comments regarding the proposal.

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 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 51, 65 and 111, are amended by amending §§ 51.23, 65.24 and 111.64 to read as set forth at 29 Pa.B. 1224.

   (b)  The Executive Director will submit this order and 29 Pa.B. 1224 to the Office of Attorney General for approval as to legality as required by law.

   (c)  The Executive Director shall certify this order and 29 Pa.B. 1224 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 Director

   Fiscal Note:  Fiscal Note 48A-96 remains valid for the final adoption of the subject regulations.

[Pa.B. Doc. No. 99-1008. Filed for public inspection June 25, 1999, 9:00 a.m.]


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