RULES AND REGULATIONS
FISH AND BOAT COMMISSION
[58 PA. CODE CH. 111]
Boating
[33 Pa.B. 1231] The Fish and Boat Commission (Commission) amends Chapter 111 (relating to special regulations counties). The Commission is publishing this final-form rulemaking under the authority of 30 Pa.C.S. (relating to the Fish and Boat Code) (code).
A. Effective Date
The final-form rulemaking will go into effect upon publication of this order adopting the amendments in the Pennsylvania Bulletin.
B. Contact Person
For further information on the final-form rulemaking, 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 amendments to §§ 111.32, 111.59 and 111.65 (relating to Indiana County; Tioga County; and Westmoreland County) are published under the statutory authority of section 5124 of the code (relating to particular areas of water).
D. Purpose and Background
The final-form rulemaking is designed to update, modify and improve the Commission's regulations pertaining to boating. The specific purpose of the final-form rulemaking is described in more detail under the summary of changes. The Commission's Boating Advisory Board considered the proposed rulemaking and recommended that the Commission adopt them on final-form rulemaking.
E. Summary of Changes
(1) Sections 111.32 and 111.65. The Commission received a letter from the U.S. Army Corps of Engineers (Corps), Pittsburgh District, dated April 22, 2002, requesting that the Conemaugh River Lake be restricted to electric and manual powered boats. The Conemaugh River Lake was created in 1953 as a part of the flood control system for the Allegheny and Ohio Rivers. The project purposes include flood control, water quality, hydropower generation and recreation. Of these purposes, only flood control has storage allocated for its operation. Other purposes are accommodated to the extent feasible. The summer pool is approximately 800 acres.
Due to historic acid mine drainage pollution, the quality of the water has been highly degraded and water recreational facilities have not been developed. During the past 10 years, agencies have observed a significant improvement in water quality to the point where water recreation is becoming a possibility and demand for shoreline fishing and hand carried boat launching is increasing.
In 1995, the Corps initiated an analysis of various proposed boating alternatives. An interagency meeting was convened to gather input from State and Federal agencies and a consensus electric/manual boat policy was reached. Because there was no significant access at that time, no action was taken to formalize this restriction beyond the Operations Management Plan. However, access is improving with two hand-carry boat launch sites having been developed by local municipalities and two more in the planning stage for development in the next 2 years. Current Corps' policy for boating limits on this lake should be formalized in the Commission's regulations. Accordingly, the Commission amended these sections as proposed.
(2) Section 111.59. The Commission received a letter from the Corps, Baltimore District, dated August 6, 2002, requesting changes to the boating regulations on Tioga, Hammond and Cowanesque Lakes. These lakes were built in the late 1970s as a part of the flood control system for the Susquehanna River. As the lakes were opened, the Commission and the Corps developed a management plan for boating. This plan was modified in 1991 when the level of the water at Cowanesque Lake was raised. Since that time, the lakes have increased in popularity, becoming a destination for many people from the northern tiers of this Commonwealth and southern New York. After evaluating the current use of the facilities, the Corps is proposing loosening the restrictions on certain activities in order to expand boating opportunities.
The Corps proposes to:
* Remove the ''slow no wake'' regulation at Cooks Creek Cove--the area is no more than 200 feet across and is therefore regulated by the general no wake regulations.
* Remove the restriction from boating at the dam--no trespassing signs keep people off the dam structure and there is no need to restrict boats in this area.
* Eliminate the ''boats keep out'' restriction above the Route 49 Bridge--the original purpose of this restriction was to keep boaters away from Nelson Falls. The Route 49 Bridge provided an easy place to mark this restriction. The Corps has since been able to mark this area by other means and would like to open this area to boats.
* Eliminate the two water skier rules--The original restriction was intended to restrict conventional skiers. The more common use today is inflatable tubes and similar devices many of which are designed for more than two people. Eliminating this rule will allow families greater freedom to use and enjoy the sport.
* Eliminate the over the transom exhaust restriction--the Corps believe there is no further need for this rule. The original concern was for noise, and the Commission has other regulations to control the production of excessive noise by boats of this type.
* Add a new ''slow no wake'' zone in the vicinity of two heavily used launch ramps--this area is on a narrow part of the lake and is very congested because of the launch ramp use.
The Commission has reviewed the proposed rulemaking and agrees that the changes will be beneficial to the overall use of the three lakes. Accordingly, the Commission amended this section as proposed.
F. Paperwork
The final-form rulemaking will not increase paperwork and will create no new paperwork requirements.
G. Fiscal Impact
The final-form rulemaking will have no adverse fiscal impact on the Commonwealth or its political subdivisions. The final-form rulemaking 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. 6132 (December 14, 2002). Prior to the formal public comment period, the Commission received a letter on behalf of the Conemaugh Valley Conservancy and the Kiski-Conemaugh River Basin Alliance supporting the change on the Conemaugh River Lake. The Commission did not receive public comments regarding the proposed rulemaking during the formal comment period.
Findings
The Commission finds that:
(1) Public notice of intention to adopt the amendments 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 rulemaking 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 §§ 111.32, 111.59 and 111.65 to read as set forth at 32 Pa.B. 6132.
(b) The Executive Director will submit this order and 32 Pa.B. 6132 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. 6132 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-137 remains valid for the final adoption of the subject regulation.
[Pa.B. Doc. No. 03-394. Filed for public inspection March 7, 2003, 9:00 a.m.]
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