RULES AND REGULATIONS
FISH AND BOAT COMMISSION
[58 PA. CODE CH. 111]
Special Boating Counties
[31 Pa.B. 1369] The Fish and Boat Commission (Commission) by this order amends Chapter 111 (relating to 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 relate to boating.
A. Effective Date
The amendments will go into effect upon publication of this order adopting the amendments in the Pennsylvania Bulletin.
B. Contact Person
For further information on the amendments, contact Laurie E. Shepler, Assistant Counsel, (717) 705-7815, P. O. Box 67000, Harrisburg, PA 17106-7000. This final-form rulemaking is available electronically through the Commission's website (http://www.fish.state.pa.us).
C. Statutory Authority
The amendments are published under the statutory authority of section 5124 of the code (relating to particular areas of water).
D. Purpose and Background
The amendments are designed to update, modify and improve the Commission's special boating regulations. The specific purpose of the amendments is described in more detail under the summary of changes. The Commission's Boating Advisory Board (Board) considered the amendments and recommended that the Commission adopt them on final rulemaking.
E. Summary of Changes
(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. 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 they 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 amended these sections as proposed.
(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 (UDSRR) 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 UDSRR. In the spirit of cooperation with the National Park Service, the Commission proposed to amend these sections. The Commission, on final rulemaking, simplified the amendments to § 111.52 in light of the fact that in Pike County, personal watercraft are prohibited on the Delaware River for its entire length with the exception of an 8-mile stretch in the vicinity of Matamoras, Pennsylvania. The Commission, on final rulemaking, also simplified the amendments to § 111.64 in light of the fact that the UDSRR encompasses the entire length of the Delaware River in Wayne County. Accordingly, the Commission amended §§ 111.52 and 111.64 to read as set forth in Annex A.
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 30 Pa.B. 4819 (September 16, 2000). The Commission received one public comment opposing the proposal that requires the wearing of personal flotation devices by persons on boats less than 16 feet in length and kayaks and canoes on Pittsburgh District Army Corps of Engineer lakes. During the public comment period, the Commission did not receive any comments concerning the proposal to prohibit personal watercraft within the boundaries of the UDSRR. After the public comment period, the Commission received one comment from the Upper Delaware Council that supported the changes. Copies of all public comments were provided to the Commissioners.
Findings
The Commission finds that:
(1) Public notice of intention to adopt the amendment 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 in 1 Pa. Code §§ 7.1 and 7.2.
(2) A public comment period was provided, and all comments that were received were considered.
(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 Chapter 111, are amended by amending §§ 111.3, 111.20, 111.24, 111.26, 111.27, 111.32, 111.42, 111.43, 111.56, 111.62 and 111.65 to read as set forth in 30 Pa.B. 4819 and by amending §§ 111.52 and 111.64 to read as set forth in Annex A, with ellipses referring to the existing text of the regulations.
(b) The Executive Director will submit this order, Annex A and 30 Pa.B. 4819 to the Office of Attorney General for approval as to legality as required by law.
(c) The Executive Director shall certify this order, Annex A and 30 Pa.B. 4819 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 DirectorFiscal Note: Fiscal Note 48A-109 remains valid for the final adoption of the subject regulations.
Annex A
TITLE 58. RECREATION
Part II. FISH AND BOAT COMMISSION
Subpart C. BOATING
CHAPTER 111. SPECIAL REGULATIONS COUNTIES § 111.52. Pike County.
* * * * * (j) Delaware River. The operation of personal watercraft is prohibited within the Upper Delaware Scenic and Recreational River upstream from mile 258.4.
* * * * * § 111.64. Wayne County.
* * * * * (j) Delaware River. The operation of personal watercraft is prohibited within the Upper Delaware Scenic and Recreational River.
[Pa.B. Doc. No. 01-402. Filed for public inspection March 9, 2001, 9:00 a.m.]
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