PROPOSED RULEMAKING
FISH AND BOAT COMMISSION
[58 PA. CODE CH. 111]
Boating; Horsepower Limits
[32 Pa.B. 3951] 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 horsepower limits at six State park lakes.
A. Effective Date
The proposed amendments, if approved on final-form 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 amendments, contact Laurie E. Shepler, Assistant Counsel, P. O. Box 67000, Harrisburg, PA 17106-7000, (717) 705-7815. This proposed rulemaking is available electronically through the Commission's website (http://www.fish.state.pa.us).
C. Statutory Authority
The proposed amendments to §§ 111.9--111.11, 111.32, 111.43 and 111.67 are published under 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 regulations pertaining to boating. The specific purpose of the proposed amendments is described in more detail under the summary of proposal. The Commission's Boating Advisory Board (BAB) has considered the proposal and has recommended that the Commission publish a notice of proposed rulemaking containing the proposed amendments.
E. Summary of Proposal
The Department of Conservation and Natural Resources (Department) announced on March 14, 2002, that boating horsepower limits at six State park lakes have been changed in a pilot program seeking better enforcement and the best protection of the environment. Under the pilot program, outboard motor limits have been increased from 10 horsepower to 18 horsepower at the following lakes: Lake Marburg, Codorus State Park, York County; Lake Wilhelm, Maurice K. Goddard State Park, Mercer County; Lake Arthur, Moraine State Park, Butler County; Lake Nockamixon, Nockamixon State Park, Bucks County; Glendale Lake, Prince Gallitzin State Park, Cambria County; and Yellow Creek Lake, Yellow Creek State Park, Indiana County. The pilot program went into effect immediately.
These changes, however, may not be permanent. Managers at each of the affected parks will closely monitor their lakes for signs of increased shoreline erosion or other adverse effects. The Department will continue to entertain public comments.
At the Department's request, the Commission has, in the past, adopted special boating regulations for State park lakes. These regulations maintained unlimited horsepower at seven State park lakes; motors not larger than 10 horsepower at seven State park lakes (including the six where the test program has been implemented); and electric motors only at 35 State parks lakes.
With regard to the lakes included in the pilot program, staff of the Commission believe that the special regulations governing them should be rescinded until the Department has made a final determination as to horsepower limits. In the meantime, the Commission's Bureau of Law Enforcement will defer to the Department with regard to the enforcement of horsepower limits.
In this notice of proposed rulemaking, the Commission also is proposing an amendment to § 111.11(a) (relating to Cambria County) to add text that previously was inadvertently omitted.
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 ra-pfbcregs@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-127. 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.
* * * * * (c) [Nockamixon Lake--Nockamixon State Park. The use of motors in excess of 10 horsepower is prohibited.
(d)] Tyler State Park. * * *
[(e)] (d) Delaware River. * * *
§ 111.10. Butler County.
[(a) Lake Arthur--Moraine State Park. The use of motors in excess of 10 horsepower is prohibited.
(b)] Glade Run Lake. * * *
§ 111.11. Cambria County.
[(a)] Duman Lake. The operation of boats powered by internal combustion motors is prohibited.
[(b) Glendale Lake--Prince Gallitzin State Park. The use of motors in excess of 10 horsepower is prohibited.]
§ 111.32. Indiana County.
* * * * * (b) [Yellow Creek Lake--Yellow Creek State Park. The use of motors in excess of 10 horsepower is prohibited.
(c)] Conemaugh River Lake. * * *
§ 111.43. Mercer County.
[(a) Lake Wilhelm--M. K. Goddard State Park. The use of a motor in excess of 10 horsepower is prohibited.
(b)] Shenango River Lake. * * *
§ 111.67. York County
* * * * * (b) [Lake Marburg--Codorus Sate Park. The use of motors in excess of 10 horsepower is prohibited.
(c)] Lake Redman. * * *
[(d)] (c) Lake Williams. * * *
[Pa.B. Doc. No. 02-1375. Filed for public inspection August 9, 2002, 9:00 a.m.]
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