RULES AND REGULATIONS
Title 58--RECREATION
FISH AND BOAT COMMISSION
[58 PA. CODE CHS. 53 AND 93]
Access Areas and Marinas; Registration and Titling of Boats
[32 Pa.B. 3488] The Fish and Boat Commission (Commission) by this order amends Chapters 53 and 93 (relating to Commission property; and registration and numbering). The Commission is publishing these final-form amendments under the authority of 30 Pa.C.S. (relating to the Fish and Boat Code) (code).
A. Effective Date
The amendments will go into effect upon publication of an order adopting the final-form amendments in the Pennsylvania Bulletin.
B. Contact Person
For further information on the final-form amendments, contact Laurie E. Shepler, Assistant Counsel, P. O. Box 67000, Harrisburg, PA 17106-7000, (717) 705-7815. This final-form rulemaking is available electronically through the Commission's website (http://www.fish.state.pa.us).
C. Statutory Authority
The final-form amendment to § 53.12a (relating to access areas and marinas) is published under the statutory authority of section 741 of the code (relating to control of property). The final-form amendment to § 93.14 (relating to proof of ownership for initial registration) is published under the statutory authority of section 5122 of the code (relating to registrations, licenses, permits, plates and statistics). The amendments to §§ 93.113--93.116 are published under the statutory authority of section 5325 of the code (relating to rules and regulations).
D. Purpose and Background
The final-form amendments are designed to update, modify and improve the Commission's regulations pertaining to its property and the registration and titling of boats. The specific purpose of the amendments is described in more detail under the summary of changes.
E. Summary of Changes
(1) Section 53.12a. The Commission's regional law enforcement offices from time to time receive complaints from boaters that anglers are blocking boat launch areas (docks, in particular). Although § 53.12a provides that the Executive Director may impose additional restrictions on the use of Commission access areas and marinas and that these restrictions will be effective when posted at the site, the Commission believes that it would be desirable to have a regulation in place that expressly states that boats have the right-of-way over fishing from boat launch areas and that it is unlawful to fish from boat launch areas when posted. Accordingly, the Commission has amended this section as proposed.
(2) Section 93.14. With the continued popularity of canoes and kayaks, sales of these boats have been strong. Also, because of their relatively small size and low cost, they are readily available from many distribution outlets besides traditional boat dealers. These other outlets include sporting goods and discount type retail stores.
In part because these nontraditional outlets are not familiar with documentation requirements, purchasers frequently are not provided with the manufacturer's certificate of origin (MCO). Under the Commission's regulations, the original MCO is required for the initial registration of a boat. This requirement for nonpowered boats, such as canoes and kayaks, sold from retail establishments is causing significant delays in registration, imposing unreasonable ''paper chase'' requirements on applicants and raising frustration and customer service issues.
Accordingly, the Commission has amended this section, as proposed, to eliminate the MCO requirement for boats that are registered voluntarily under section 5303 of the code (relating to voluntary and special registrations) where the boat has a retail value of less than $2,000. The Commission also has reorganized this section as proposed.
(3) Sections 93.113--93.116. On July 1, 2001, revised 13 Pa.C.S. Division 9 (relating to secured transactions) went into effect in this Commonwealth. Also going into effect on July 1, 2001, were amendments to sections 5323 and 5327 of the code (relating to content and effect of certificate of title; and fees). These amendments were made so that the code conforms with the revised Division 9. Changes to the Commission's titling regulations that pertain to security interests also were required so that these regulations conform with the revised Division 9. Accordingly, the Commission has amended §§ 93.113--93.116 as proposed.
F. Paperwork
The final-form amendments will not increase paperwork and will create no new paperwork requirements.
G. Fiscal Impact
The final-form amendments will have no adverse fiscal impact on the Commonwealth or its political subdivisions. The final-form 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 32 Pa.B. 1217 (March 2, 2002). The Commission did not receive any public comments concerning these proposals.
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 (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 53 and 93, are amended by amending §§ 53.12a, 93.14 and 93.113--93.116 to read as set forth at 32 Pa.B. 1217.
(b) The Executive Director will submit this order and 32 Pa.B. 1217 to the Office of Attorney General for approval as to legality as required by law.
(c) The Executive Director shall certify this order and 32 Pa.B. 1217 and deposit the same 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: 48A-124. No fiscal impact; (8) recommends adoption.
[Pa.B. Doc. No. 02-1249. Filed for public inspection July 19, 2002, 9:00 a.m.]
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