PROPOSED RULEMAKING
FISH AND BOAT
COMMISSION
[58 PA. CODE CHS. 53 AND 93]
Access Areas and Marinas; Registration and Titling of Boats
[32 Pa.B. 1217] The Fish and Boat Commission (Commission) proposes to amend Chapters 53 and 93 (relating to Commission property; and registration and numbering). 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 Commission property and the registration and titling of boats.
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 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 proposed 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 registration, licenses, permits, plates and statistics). The proposed 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 proposed 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 proposed amendments is described in more detail under the summary of proposal.
E. Summary of Proposal
(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 currently 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 proposes to amend this section to read as set forth in Annex A.
(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.
Because these nontraditional outlets are not familiar with documentation requirements, purchasers frequently are not provided with the manufacturer's certificate of origin (MCO). Under current 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 proposes that the MCO requirement be eliminated for boats that are registered voluntarily under section 5303 of the code (relating to voluntary and special registrations) when the boat has a retail value of less than $2,000. The Commission also proposes that the regulation be reorganized to read as set forth in Annex A.
(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 changes 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 are required so that these regulations conform with the revised Division 9. Accordingly, the Commission proposes amending §§ 93.113--93.116 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, 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 by e-mail to ra-pfbcregs@state.pa.us. A subject heading of the proposal and a return name and address must be included in each transmission. 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-124. 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 § 53.12a. Access areas and marinas.
(a) General provisions.
* * * * * (5) Boats have the right-of-way over fishing from boat launch areas or boat docks. It is unlawful for persons fishing from a boat launch area or boat dock to permit their fishing activity to interfere with boat traffic into and out of the boat launch area or boat dock. It is unlawful to fish from a boat launch area or boat dock when posted at the site.
* * * * *
Subpart C. BOATING
CHAPTER 93. REGISTRATION AND NUMBERING
Subchapter A. REGISTRATION OF BOATS § 93.14. Proof of ownership for initial registration.
(a) [Proof of ownership for initial registration shall be established by a manufacturer's certificate of origin indicating transfer of ownership from the manufacturer, distributor or dealer to the applicant if the boat was manufactured after January 1, 1993. When registering a new boat for the first time, the original manufacturer's certificate of origin shall be attached to the Form REV-336 and submitted to the Commission.] This section applies only to the initial registration of a boat in this Commonwealth. It does not apply to registration of boats previously or currently registered in this Commonwealth.
(b) [If a manufacturer's certificate of origin is not available, proof of ownership shall be established by one of the following:
(1) A bill of sale or invoice executed by the seller showing the following:
(i) The name and address of the seller.
(ii) The name and address of the purchaser.
(iii) The name and address of the legal owner.
(iv) The location, date of sale and description of the boat, including the hull identification number if the boat was built after October 31, 1972.
(v) Any other serial number on the boat if it was built prior to October 31, 1972.
(2) A properly endorsed document indicating title if the boat has been registered and issued a title by another state.] An applicant for initial registration shall establish proof of ownership as follows:
(1) For a boat manufactured after January 1, 1993, a manufacturer's certificate of origin indicating transfer of ownership from the manufacturer, distributor or dealer to the applicant. The original manufacturer's certificate of origin shall be attached to the Form REV-336 and submitted to the Commission.
(2) For a boat manufactured before January 1, 1993, or when the manufacturer's certificate of origin is not available, a bill of sale or invoice issued or prepared by the seller showing all of the following:
(i) The name and address of the seller.
(ii) The name and address of the purchaser.
(iii) The name and address of the legal owner.
(iv) The location, date of sale and description of the boat, including the hull identification number for boats built after October 31, 1972, or other serial number for boats built prior to October 31, 1972.
(3) For a boat that was registered and issued a title by another state, a properly endorsed document indicating title.
(c) [If neither a manufacturer's certificate of origin nor the documents described in subsection (b) are available, the applicant shall submit an executed Form PFBC-734 (Affidavit of Purchase/Ownership) fully setting forth the facts to support the applicant's claim of ownership in the boat. Applications seeking to prove ownership of homemade boats shall be supported with bills of sale for the major components of the boat. Affidavits are executed under penalty of law.] If none of the documents described in subsection (b)(1) and (2) are available, the applicant shall submit an executed Form PFBC-734 (Affidavit of Purchase/Ownership) fully setting forth the facts to support the applicant's claim of ownership in the boat. Applications seeking to prove ownership of homemade boats shall be supported with bills of sale for the major components of the boat. Affidavits are executed under penalty of law.
(d) [A manufacturer, dealer or other person may not sell or otherwise transfer a new watercraft to a dealer for the purposes of display or resale without delivering to the dealer a completed manufacturer's certificate of origin. A dealer may not purchase or acquire a new watercraft without obtaining from the seller thereof the manufacturer's certificate.] An applicant for initial registration of a boat with a retail value of less than $2,000 that is being registered voluntarily under section 5303 of the code (relating to voluntary and special registrations) may substitute the original receipt issued by a dealer or other retailer for the manufacturer's certificate of origin.
(e) [This section applies to initial registration of a boat. It does not apply to registration of boats previously or currently registered in this Commonwealth.] A manufacturer, dealer or other person may not sell or otherwise transfer a new boat to a dealer for the purposes of display or resale without delivering to the dealer a completed manufacturer's certificate of origin. A dealer may not purchase or acquire a new boat without obtaining from the seller thereof the manufacturer's certificate.
Subchapter B. TITLING OF BOATS § 93.113. Creation and perfection of security interests in boats.
(a) [An owner creates a security interest in a boat when the owner signs a note, agreement or other instrument containing terms that create a security interest.] When an owner creates a security interest in a boat:
(1) The owner shall [provide lienholder information on the space on the title or on a separate form that the Commission prescribes. The information provided shall include the name and address of the secured party and the date of the security agreement. The owner shall have the title, application and fee to be delivered to the Commission], at the request of the secured party, immediately execute an application on a form prescribed by the Commission including the name and address of the secured party. The owner shall tender the existing certificate of title, if any, the application and the required fee to the Commission.
(2) The security interest is perfected [as of the time of its creation if delivery and payment to the Commission are completed within 20 days of the date of its creation; otherwise, perfection shall be as of the time of its delivery and payment] at the time that the application, existing certificate of title and an amount equal to or greater than the required fee are received by the Commission.
(3) Upon receipt of the title, application and the required filing fee, the Commission will endorse on the existing title or on a new title that it then issues, the name and address of all secured parties, and mail or deliver the title to the first secured party named on the certificate of title.
(b) [A] Except as provided in 13 Pa.C.S. § 9311(d), 9315(c) and (d) and 9316(d) and (e) (relating to perfection of security interests in property subject to certain statutes, regulations and treaties; secured party's rights on disposition of collateral and in proceeds; and continued perfection of security interest following change in governing law), a security interest in a boat is not valid against creditors of the owner or subsequent transferees or secured parties of the boat until perfected as provided by this subchapter.
[(c) The issuance of a title, other than in the case of the initial issuance to a purchaser from a dealer, does not invalidate a previously perfected security interest under 13 Pa.C.S. (relating to Uniform Commercial Code), other than a dealer's security interest in inventory.]
§ 93.114. Assignments of security interests.
* * * * * (b) [The] An assignee who desires to become the secured party of record shall deliver to the Commission the title, if available, and an assignment by the secured party named in the title in the form the Commission may prescribe, accompanied by the filing fee required by law. [The assignee's security interest is perfected as of the time of its creation if delivery and payment to the Commission are completed within 20 days of the date of its creation; otherwise, perfection is as of the time of its delivery and payment.]
(c) The provisions of this section are subject to 13 Pa.C.S. § 9308(c) (relating to when security interest or agricultural lien is perfected; continuity of perfection).
§ 93.115. Satisfaction of security interests.
(a) [Within] Unless otherwise agreed by the owner, within 20 days of the satisfaction of a security interest in a boat, the secured party shall mail or deliver the title with the release to the owner and notify the Commission of the release of security interest.
(b) [A lien shall be deemed satisfied within 10 years of issuance, unless the lienholder otherwise notifies the Commission.] Perfection of a security interest under this subchapter is effective for 10 years, dating from the time of perfection as provided in § 93.113 (relating to creation and perfection of security interests in boats) unless renewed as provided in subsection (c).
(c) The effectiveness of perfection lapses on the expiration of the period specified in subsection (b) unless a renewal form signed by the secured party of record is filed within the 6 months immediately preceding expiration. Upon the timely filing of the renewal form and the tender of the required fee, the effectiveness of perfection continues for 5 years from the date on which perfection would have become ineffective in the absence of renewal. Perfection may be successively renewed.
§ 93.116. Exemptions.
The provisions of this subchapter relating to procedures for creating, perfecting, assigning and satisfying security interests do not apply to the following:
* * * * * (3) A security interest in a boat [created by a manufacturer or dealer who holds the boat for sale, but a buyer in the ordinary course of trade from the manufacturer or dealer takes free of the security interest] held by a manufacturer or a dealer as described in 13 Pa.C.S. § 9311(d) (relating to perfection of security interests in property subject to certain statutes, regulations and treaties).
* * * * * (5) [A security interest claimed on proceeds, if the original security interest did not have to be noted on the title in order to be perfected.
(6)] A boat for which a title is not issued under this subchapter.
[Pa.B. Doc. No. 02-343. Filed for public inspection March 1, 2002, 9:00 a.m.]
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