PROPOSED RULEMAKING
[58 PA. CODE CHS. 111 AND 115]
Special Regulations Counties and Boats Carrying Passengers for Hire
[29 Pa.B. 3370] The Fish and Boat Commission (Commission) proposes to amend Chapters 111 and 115 (relating to special regulations counties; and boats carrying passengers for hire). The Commission is publishing these amendments as a notice of proposed rulemaking under the authority of 30 Pa.C.S. (relating to the Fish and Boat Code) (code). The proposed amendments relate to boating.
A. Effective Date
The proposed amendments, if approved on final rulemaking, will go into effect on January 1, 2000, or upon publication of an order in the Pennsylvania Bulletin, whichever occurs later.
B. Contact Person
For further information on the proposed changes, contact John F. Simmons, Director, Bureau of Boating and Education, (717) 657-4538, or Laurie E. Shepler, Assistant Counsel, (717) 657-4546, P. O. Box 67000, Harrisburg, PA 17106-7000. This proposal is available electronically through the Commission's Web site (http://www.fish.state.pa.us).
C. Statutory Authority
The proposed amendments are published under the statutory authority of sections 5122(a)(6) and 5124 of the code (relating to registration, licenses, permits, plates and statistics; and particular areas of water).
D. Purpose and Background
The proposed amendments are designed to update, modify and improve Commission regulations pertaining to boating. The specific purpose of the proposed amendments is described in more detail under the summary of proposal. Prior to consideration by the Commission, the Commission's Boating Advisory Board reviewed each proposal and made recommendations to the Commission.
E. Summary of Proposal
(1) Section 111.9 (relating to Bucks County). In 1995, the Commission approved the adoption of slow, minimum height swell speed zones under certain bridge spans over the Delaware River in Bucks County. This proposed change will make the Commonwealth's regulations consistent with Statewide regulations concerning the operation of boats under bridge spans in New Jersey. The Commission now believes that it is appropriate to amend its regulations to include additional bridge spans between this Commonwealth and New Jersey.
(2) Section 111.36 (relating to Lancaster County). In June 1997, the Lancaster Bird Club petitioned the Commission for further regulation of boating on the Susquehanna River in the area between the Washington Boro Islands (Conejohola Flats) and the Lancaster County shoreline. The primary purpose of this request was to protect the shorebird and other migratory bird populations that frequent this area, as well as to provide a safe haven for unpowered boat users. The area affected is approximately 1/2 mile long and 300 yards wide. It is shallow over much of its length and contains numerous snags and other underwater obstructions. The area is also used routinely by personal watercraft operators. The Commission has approved the publication of a notice of proposed rulemaking containing the changes set forth in Annex A.
(3) Section 111.46 (relating to Montgomery County). The National Park Service (NPS) has initiated a Nationwide review of personal watercraft operations on waters within its jurisdiction. On those areas where personal watercraft use is nonexistent or minimal, the Director ordered an immediate prohibition. The Schuylkill River flows through the Valley Forge National Park for a distance of about 1 mile. The Betzwood Access, operated by the Park, currently provides access to this pool for boating and fishing. Because of the shallowness of the water and narrowness of the water course, boating use has been minimal in recent years, although an estimated 24 personal watercraft use the access to launch. According to the Park Superintendent, the operation of personal watercraft is inconsistent with the management goals of the Park, and in August 1998, he prohibited the launching of personal watercrafts from the access and the operation of personal watercrafts within the Park's boundaries.
Subsequent to this action, the Park Superintendent wrote to the Commission requesting consideration of concurrent regulations as well as the establishment of a Slow No Wake zone through the Park. Commission staff met with staff of the Valley Forge National Park and agreed that a Slow No Wake zone was an appropriate management tool for this area.
The Commission has approved the publication of a notice of proposed rulemaking to seek public comment on the establishment of a slow, minimum height swell speed zone on the Schuylkill River from the Route 422 Bridge to Pawling's Road Bridge. This proposed amendment will allow the Commission to help the Park Service reach its management goal without a specific ban on personal watercraft. It will also create an environment for nonpowered craft that is in keeping with the historical significance of the Valley Forge National Park.
(4) Sections 111.52 and 111.64 (relating to Pike County; and Wayne County). The NPS has broad authority to establish regulations on lands and waters within its jurisdiction. 36 CFR 1.1 (relating to purpose) states that units of the NPS may use their regulatory authority to fulfill the statutory purposes of units of the National Park System to conserve scenery, natural and historic objects, and wildlife and to provide for the enjoyment of those resources in a manner that will leave them unimpaired for the enjoyment of future generations. Using this authority and that in the specific enabling legislation that created the Upper Delaware National Recreational and Scenic River, the Superintendent promulgated several regulations in 1991 restricting the operation of boats on the Delaware River. Because enforcement is a joint effort between the Commission and the NPS, the Commission believes that the regulations should be consistent. The Commission therefore proposes to amend these sections.
(5) Sections 115.9 and 115.10 (relating to licenses for operators; and renewal of operator's license). Section 115.9(f) provides that operator certificates issued under this section expire on December 31 of the year for which they are issued, and § 115.10(a) requires operators to renew their licenses by April 1. Over the past years, it has become apparent that owners of passenger for hire vessels have difficulty getting renewal applications with two photos required by § 115.9(e) for all their prospective employes and still meet the April 1 deadline. This is mostly due to the owner hiring students and other part-time employes that are employed beginning mid-June or later. Commission staff also have experienced difficulty in processing an average of 100 certificates (each year) back to the employer in a reasonable time. Again, this is due to late submissions, placing photos on both the certificates and applications, obtaining appropriate signatures and available staff time. The Commission believes that the proposed 5-year certificate will reduce processing time and the employer will have less difficulty staffing his operations prior to the start of the season. Currently, operators renew licenses annually with no more than their signature. No additional requirements are required by the Commission for renewal. The Commission believes that the annual renewal is an unnecessary paperwork burden on this small business and that a 5-year certificate would meet the Commission's needs. Accordingly, the Commission proposes to amend these sections to provide for a 5-year certificate.
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. Comments submitted by facsimile will not be accepted.
Comments also may be submitted electronically at ''regulations@ fish.state.pa.us.'' A subject heading of the proposal and a return name and address must be included in each transmission. In addition, all electronic comments must be contained in the text of the transmission, not in an attachment. If an acknowledgment of electronic comments is not received by the sender within 2 working days, the comments should be retransmitted to ensure receipt.
PETER A. COLANGELO,
Executive DirectorFiscal Note: 48A-97. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 58. RECREATION
PART II. FISH AND BOAT COMMISSION
Subpart C. BOATING
CHAPTER 111. SPECIAL REGULATIONS COUNTIES § 111.9. Bucks County.
* * * * * (e) Delaware River.
* * * * * (2) Boats are limited to slow minimum height swell speed while passing through the following bridge spans:
* * * * * (iv) Lumberville Foot Bridge.
(v) Upper Black Eddy--Milford Bridge.
(vi) Riegelsville Bridge.
(vii) Frenchtown ''Free'' Bridge.
* * * * * § 111.36. Lancaster County.
* * * * * (c) Susquehanna River. Boats are limited to slow, minimum height swell speed:
(1) From the Lancaster County shoreline to the northern point of Shad Island south to the southern point of Green Island and back to the Lancaster County shoreline from January 1 to October 1.
(2) In all areas between and within 200 feet of the islands comprising the Conejohola Flats.
§ 111.46. Montgomery County.
Schuylkill River. Boats are limited to slow, minimum height swell speed between:
(1) Barbadoes Island and the Norristown shore from the Barbadoes Island Bridge downriver to the Norristown Dam.
(2) The Route 422 Bridge and the Pawling's Road Bridge.
§ 111.52. Pike County.
* * * * * (j) Delaware River. The operation of personal watercraft is prohibited in the following areas within the Upper Delaware Scenic and Recreational River:
(1) From the southern terminus of the Park (mile 258.4) to the lower end of Pond Eddy Pool (mile 265).
(2) From the upper end of Pond Eddy Pool (mile 266.5) to the lower end of the Lackawaxen Pool (mile 277.7).
(3) From the upper end of Lackawaxen Pool (mile 278.7) to the lower end of Narrowsburg Pool (mile 289.5).
§ 111.64. Wayne County.
* * * * * (j) Delaware River. The operation of personal watercraft is prohibited in the following areas within the Upper Delaware Scenic and Recreational River:
(1) From the upper end of Narrowsburg Pool (mile 290.5) to the lower end of Long Eddy Pool (mile 315).
(2) From the upper end of Long Eddy Pool (mile 317) to the upper terminus of the Park (mile 330.7).
CHAPTER 115. BOATS CARRYING PASSENGERS FOR HIRE § 115.9. Licenses for operators.
* * * * * (f) Expiration. Operator certificates issued under this section will expire on December 31 [of the year for which they are issued] 5 years from the date of issuance.
§ 115.10. Renewal of operator's license.
(a) [By April 1, the operator shall apply for renewal on the form provided by the Commission. The application shall be accompanied by payment of the fee specified by law.] Operators may apply for a renewal of their licence 60 days prior to its expiration. Applications shall be made on the form provided by the Commission and accompanied by the appropriate fees.
* * * * *
[Pa.B. Doc. No. 99-1051. Filed for public inspection July 2, 1999, 9:00 a.m.]
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