PROPOSED RULEMAKING
FISH AND BOAT COMMISSION
[58 PA. CODE CHS. 53, 61, 63, 65, 93 AND 97]
Commission Property; Fishing; and Boating
[29 Pa.B. 5725] The Fish and Boat Commission (Commission) proposes to amend Chapters 53, 61, 65, 93 and 97. 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 to Commission property, fishing and boating.
A. Effective Date
The proposed amendments, if approved on final rulemaking, will 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. This proposal is available electronically through the Commission's Web site (http://www.fish.state.pa.us).
C. Statutory Authority
The proposed amendments to § 53.8 (relating to boats) are published under the statutory authority of section 741 of the code (relating to control of property). The proposed amendments to §§ 61.1 and 63.8 (relating to Commonwealth inland waters; and long bows, spears and gigs) are published under the statutory authority of section 2102 the code (relating to rules and regulations). The proposed amendments to § 65.21 (relating to waters limited to specific purposes--exclusive use fishing areas) are published under the statutory authority of section 2307 of the code (relating to waters limited to specific purposes). The proposed amendments to § 93.5 (relating to display of registration number and validation decal) are published under the statutory authority of section 5122 of the code (relating to registration, licenses, permits, plates and statistics). The proposed amendments to Chapter 97, Appendix A (relating to flotation devices) are published under the statutory authority of section 5123 of the code (relating to general boating regulations).
D. Purpose and Background
The proposed amendments are designed to update, modify and improve Commission regulations relating to Commission property, fishing and boating. The specific purpose of the proposed amendments is described in more detail under the summary of proposal.
E. Summary of Proposal
(1) Section 53.8. The Commission's property regulations require that any boat using a Commission owned lake or access area be registered and display an official registration number and current validation sticker. This regulation is appropriate when the Commonwealth is the State of principal operation. However, other states' requirements for unpowered watercraft vary regarding display of decals and numbers. In fact, many states do not require this display. This may result in visitors to this Commonwealth being unable to utilize Commission facilities.
To accommodate visitors to this Commonwealth and promote tourism in this Commonwealth, the Commission proposes adding two new sentences to subsection (h) to read as set forth in Annex A.
(2) Section 61.1. A recent staff review of this regulation revealed that certain corrections are warranted.
(3) Section 63.8. Commission staff recently received an inquiry as to whether the use of crossbows by persons other than those with disabilities who are issued permits under § 63.8(e) is permitted. To clarify that other crossbow use is prohibited, the Commission proposes to amend the regulation to read as set forth in Annex A.
(4) Section 65.21. At the July 1999 Commission meeting, the Commission placed a moratorium on the designation of exclusive use areas to give Commission staff an opportunity to review the Commission's regulation in light of the Americans with Disabilities Act of 1990 (42 U.S.C.A. §§ 12210--12213) and regulations promulgated thereunder. Based upon that review, staff made recommendations to the Commission. The Commission proposes to amend this section to read as set forth in Annex A.
(5) Section 93.5. Federal law provides that vessels possessing a valid marine document and used for recreational purposes may be registered (but not numbered) in the state of their principal operation. To clarify the issue for owners of documented vessels used for recreational purposes when this Commonwealth is the State of principal operation, the Commission proposes to amend this section to read as set forth in Annex A.
(6) Appendix A to Chapter 97. A recent staff review of this Appendix revealed that certain corrections are warranted.
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 shall 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-102. 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.
* * * * * (h) A boat using a Commission lake or access area shall be registered and display the official registration number and current validation stickers described under Subpart C and Part III of the code, except that this provision does not apply to noncommercial users of access areas on the Delaware River and West Branch of the Delaware River [Bound] bounded by the State of New York. Public service boats as defined under section 5302(a)(3) of the code (relating to exemptions from registration) and boats participating in events authorized under § 109.6 (relating to special marine events) are exempt from this section. Unpowered kayaks, sculls, sailboards and other low volume boats of similar design are exempt from displaying registration numbers, but shall display a current validation sticker. Unpowered boats with a state of principal operation other than this Commonwealth shall meet the requirements of this subsection if they are in compliance with the registration and display requirements of the state of principal operation. There is a rebuttable presumption that the state of principal operation of any boat using a Commission lake or access area is this Commonwealth. The owner or operator of a boat may overcome this presumption by providing documentary evidence to show the state of principal operation is elsewhere.
Subpart B. FISHING
CHAPTER 61. SEASONS, SIZES AND CREEL LIMITS § 61.1. Commonwealth inland waters.
* * * * * **Note: Approved trout waters are closed to fishing from March 1 to opening day of regular trout season in April unless included in the Select Trout Stocked Lake Program. See § 65.10 (relating to Select Trout Stocked Lake Program).
* * * * *
CHAPTER 63. GENERAL FISHING REGULATIONS § 63.8. Long bows, spears and gigs.
* * * * * (d) Restrictions. Spears or gigs may not be mechanically propelled, may not have more than five barbed points, and may not be used in approved trout waters. Except as provided in subsection (e), the use of crossbows is prohibited.
* * * * *
CHAPTER 65. SPECIAL FISHING REGULATIONS § 65.21. Waters limited to specific purposes--exclusive use fishing areas.
(a) The Executive Director, with the approval of the Commission, may designate waters as being for the exclusive use of children or special populations, or both, for the purpose of fishing. The designation [shall be] is effective when the waters are so posted after publication of a notice of designation in the Pennsylvania Bulletin.
* * * * * (d) The Commission will not designate waters under this section:
(1) As being for the exclusive use of children unless the sponsor of the proposed exclusive use area agrees to be responsible for the administration and control of the area, posting signs and assisting in enforcement; the owner of the waters agrees to the designation[,] in writing; and the political subdivision where the area is to be located approves the designation [and agrees to post the area and assist in enforcement. Sponsors shall apply for designation of full-time exclusive use areas on an annual basis prior to June 1 of each year. Sponsors shall apply for designation of temporary exclusive use areas no later than 30 days before the proposed designation is to take effect] in writing. The sponsor also shall establish that the proposed exclusive use area will be used year-round by showing that fishing tournaments/derbies, stocking or special events are planned throughout the year.
(2) As being for the exclusive use of special populations unless the sponsor of the proposed exclusive use area agrees to be responsible for the administration and control of the area, posting of signs and assisting in enforcement; the owner of the waters agrees to the designation in writing; and the political subdivision where the area is to be located approves the designation in writing. The sponsor also shall describe how the proposed exclusive use area is accessible and what accommodations have been made for use by special populations. The sponsor further must certify that the requirements of the Americans with Disabilities Act of 1990 (42 U.S.C.A. §§ 12210--12213 and the regulations promulgated thereunder are currently met and will be met in the future.
(3) As being for the exclusive use of both children and special populations unless the sponsor meets the requirements of paragraphs (1) and (2).
(e) In determining whether to designate areas for the exclusive use of children, special populations or both, the Commission will consider whether the sponsors of the proposed areas have demonstrated the ability to meet the requirements of this section and whether exclusive use areas already exist within the same geographical area as the proposed areas.
(f) If a sponsor of an exclusive use area fails to continue to meet the requirements of this section, the Commission may remove the designation of the area as being for the exclusive use of children or special populations, or both.
[(e)] (g) The provisions of subsection (a) requiring advance approval of the Commission and publication of a notice of designation in the Pennsylvania Bulletin do not apply to temporary designations of exclusive use areas for children or, special [population] populations, or both. Sponsors seeking a temporary designation of an area for the exclusive use of children or special populations, or both, shall apply for a special activities permit in accordance with § 63.40 (relating to fishing tournaments and fishing derbies). Sponsors shall apply for designation of temporary exclusive use areas no later than 30 days before the proposed designation is to take effect. The Executive Director or a designee may approve the temporary designation of waters for exclusive use for [periods of] no more than [30] 60 consecutive days upon application of project sponsors. Temporary designations shall be effective upon posting of the area. Sponsors are responsible for administering and controlling the area, posting signs and assisting in enforcement.
[(f)] (h) * * *
(i) Sponsors of all areas currently designated as being for the exclusive use of children or special populations, or both, shall reapply for designation by December 31, 2003.
Subpart C. BOATING
CHAPTER 93. BOAT REGISTRATION AND NUMBERING
Subchapter A. REGISTRATION OF BOATS § 93.5. Display of registration number and validation decal.
(a) The registration number shall be displayed above the waterline on both sides of the bow of the boat, considered to be any part of a boat's side forward of a point halfway between the front and the back of the boat.
* * * * * (5) Boats possessing a valid marine document, when used for recreational purposes and when Pennsylvania is the state of principal operation, shall display a valid registration decal but may not display the registration number.
CHAPTER 97. OPERATOR PROVIDED EQUIPMENT
APPENDIX A
FLOTATION DEVICES
PFD TYPE BRIEF DESCRIPTION BOATS ON WHICH THE DEVICE NUMBER OF THE DEVICE IS ACCEPTABLE * * * * *
TYPE III Flotation aid with at least 15.5 pounds of buoyancy. Not designed to turn unconscious person face up. All boats. See Note (2). TYPE IV Throwable device such as the ring buoy or buoyant cushion with at least 16.5 pounds of buoyancy. Designed to be grasped not worn. Acceptable as [primary] additional life-saving equipment [on boats less than 16 ft. in length (excluding sailboards & personal watercraft) and for canoes & kayaks]. Required on all boats as specified in § 97.1(b). See Note (1) and (3). TYPE V Special use devices are wearable devices approved only for certain activities and conditions. The label will show its approved uses and limitations. An example would be the work vest. Acceptable on boats engaged in special restricted activities. See Note (2). NOTES: (1) * * * * *
(2) PFD's Type I [and], II, III and V are acceptable on boats carrying passengers for hire which are not subject to Federal law and United States Coast Guard inspection.
(3) Persons on sailboards and personal watercraft shall wear a Type I, II, III or V Coast Guard approved personal flotation device. Inflatable personal flotation devices may not be used to meet this requirement.
[Pa.B. Doc. No. 99-1872. Filed for public inspection November 5, 1999, 9:00 a.m.]
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