PROPOSED RULEMAKING
[58 PA. CODE CH. 111]
Special Boating Counties
[30 Pa.B. 4819] The Fish and Boat Commission (Commission) proposes to amend Chapter 111 (relating to special regulations counties). 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, 2001, or upon publication of an order adopting the amendments in the Pennsylvania Bulletin, whichever occurs later.
B. Contact Person
For further information on the proposed amendments, contact Laurie E. Shepler, Assistant Counsel, (717) 705-7815, P. O. Box 67000, Harrisburg, PA 17106-7000. This proposal is available electronically through the Commission's website (http://www.fish.state.pa.us).
C. Statutory Authority
The proposed amendments are published under the statutory authority of section 5124 of the code (relating to particular areas of water).
D. Purpose and Background
The proposed amendments are designed to update, modify and improve the Commission's special boating regulations. The specific purpose of the proposed amendments is described in more detail under the summary of proposal. The Commission's Boating Advisory Board (Board) has considered the proposals and has recommended that the Commission approve the publication of a notice of proposed rulemaking containing the amendments.
E. Summary of Proposal
(1) Sections 111.3, 111.20, 111.24, 111.26, 111.27, 111.32, 111.42, 111.43, 111.56, 111.62 and 111.65 (relating to Armstrong County; Crawford County; Elk County; Fayette County; Forest County; Indiana County; McKean County; Mercer County; Somerset County; Warren County; and Westmoreland County). At a recent meeting, the Board recommended that the Commission adopt regulations to require the wearing of personal flotation devices by persons on board boats on Pittsburgh District Corps of Engineers lakes. The Corps of Engineers put this requirement in place in 1990 to address a concern it had with the safety of boaters in small boats. The Commission did not adopt concurrent regulations, thus leaving enforcement up to Corps of Engineers rangers. This disparity has caused some confusion for the boaters, although compliance has been high and enforcement has not been a significant problem. The Commission believes that incorporating these regulations will enhance public understanding and assist enforcement and compliance, thus improving safety. Accordingly, the Commission proposes to amend these sections to read as set forth in Annex A.
(2) Sections 111.52 and 111.64 (relating to Pike County; and Wayne County). During 1999, the Commission considered amendments to the regulations governing the operation of boats on the Upper Delaware Scenic and Recreational River that were intended to bring the regulations in substantial compliance with Federal regulations for enforcement purposes. The Commission adopted these changes at its September 1999 meeting. The Superintendent of the UDSRR has recently informed the Commission that the Interior Department has banned the operation of personal watercraft from all waters under the jurisdiction of the National Park Service. Consequently, the recently enacted regulations no longer are in conformance with the Federal requirements.
In a letter dated April 12, 2000, the Superintendent requested that the Commission further amend its regulations to ban the operation of personal watercraft from all Delaware River waters within the boundaries of the Upper Delaware Scenic and Recreational River. In the spirit of cooperation with the National Park Service, the Commission proposes to amend these sections to read as set forth in Annex A.
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, Pennsylvania 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-109. 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 § 111.3. Armstrong County.
(a) Crooked Creek Lake.
* * * * * (5) Persons shall wear a Coast Guard approved personal flotation device at all times when on board boats less than 16 feet in length or any canoe or kayak.
* * * * * (c) Mahoning Creek Lake.
(1) The use of motors in excess of 10 horsepower is prohibited.
(2) Persons shall wear a Coast Guard approved personal flotation device at all times when on board boats less than 16 feet in length or any canoe or kayak.
§ 111.20. Crawford County.
* * * * * (f) Woodcock Creek Lake.
* * * * * (4) Persons shall wear a Coast Guard approved personal flotation device at all times when on board boats less than 16 feet in length or any canoe or kayak.
§ 111.24. Elk County.
East Branch Clarion River Lake--Elk State Park.
* * * * * (4) Persons shall wear a Coast Guard approved personal flotation device at all times when on board boats less than 16 feet in length or any canoe or kayak.
§ 111.26. Fayette County.
* * * * * (c) Youghiogheny River Lake. Persons shall wear a Coast Guard approved personal flotation device at all times when on board boats less than 16 feet in length or any canoe or kayak.
§ 111.27. Forest County.
Tionesta Lake. Persons shall wear a Coast Guard approved personal flotation device at all times when on board boats less than 16 feet in length or any canoe or kayak.
§ 111.32. Indiana County.
* * * * * (c) Conemaugh River Lake. Persons shall wear a Coast Guard approved personal flotation device at all times when on board boats less than 16 feet in length or any canoe or kayak.
§ 111.42. McKean County.
Allegheny River Reservoir (Kinzua Dam).
* * * * * (3) Persons shall wear a Coast Guard approved personal flotation device at all times when on board boats less than 16 feet in length or any canoe or kayak.
§ 111.43. Mercer County.
* * * * * (b) Shenango River Lake.
* * * * * (5) Persons shall wear a Coast Guard approved personal flotation device at all times when on board boats less than 16 feet in length or any canoe or kayak.
§ 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)] from mile 258.4 to mile 289.5.
§ 111.56. Somerset County.
* * * * * (b) Youghiogheny River Lake. Persons shall wear a Coast Guard approved personal flotation device at all times when on board boats less than 16 feet in length or any canoe or kayak. Boats are limited to slow, minimum height swell speed within the following areas:
* * * * * § 111.62. Warren County.
(a) Allegheny River Reservoir (Kinzua Dam).
* * * * * (3) Persons shall wear a Coast Guard approved personal flotation device at all times when on board boats less than 16 feet in length or any canoe or kayak.
* * * * * § 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)] from mile 289.5 to mile 330.7.
§ 111.65. Westmoreland County.
* * * * * (c) Conemaugh River Lake. Persons shall wear a Coast Guard approved personal flotation device at all times when on board boats less than 16 feet in length or any canoe or kayak.
(d) Loyalhanna River Lake. All persons shall wear a Coast Guard approved personal flotation device at all times when on board boats less than 16 feet in length or any canoe or kayak.
[Pa.B. Doc. No. 00-1591. Filed for public inspection September 15, 2000, 9:00 a.m.]
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