PROPOSED RULEMAKING
[58 PA. CODE CHS. 103 AND 111]
Boating
[35 Pa.B. 3423] The Fish and Boat Commission (Commission) proposes to amend Chapters 103 and 111 (relating to rules of the road; and special regulations counties). The Commission is publishing this proposed rulemaking under the authority of 30 Pa.C.S. (relating to the Fish and Boat Code) (code). The proposed amendments remove the requirement that all boat traffic operate in a counterclockwise fashion and limit the number of water ski devices on certain Commonwealth lakes.
A. Effective Date
The proposed amendments, if approved on final-form, will go into effect on January 1, 2006.
B. Contact Person
For further information on the proposed rulemaking, contact Jason E. Oyler, Esq., P. O. Box 67000, Harrisburg, PA 17106-7000, (717) 705-7827. This proposal is available electronically through the Commission's website at www.fish.state.pa.us.
C. Statutory Authority
The proposed amendment to § 103.3 (relating to restriction for special areas) is published under the statutory authority of section 5123 of the code (relating to general boating regulations). The proposed amendments to §§ 111.3, 111.6, 111.13, 111.58, 111.64 and 111.66 are published under the statutory authority of sections 322 and 5124 of the code (relating to rules and regulations; and particular areas of water).
D. Purpose and Background
The proposed rulemaking is designed to improve and update the Commission's boating regulations to enhance the recreational boating experience. The specific purpose of the proposed amendments is described in more detail under the summary of proposals. The Commission's Boating Advisory Board (BAB) considered the proposed changes and recommended that the Commission publish a notice of proposed rulemaking containing the proposed amendments.
E. Summary of Proposals
(1) Section 103.3. This section, which requires motorboats to operate in a counterclockwise fashion insofar as reasonably possible, has been in place for many years and was promulgated in an attempt to regulate boating traffic patterns on our inland waters. While the regulation has been successful in establishing an operational pattern, its language is ambiguous in that it allows for operation ''insofar as reasonably possible.'' This caveat was included to allow deviation from the rule in some (or most) circumstances. It establishes an operational pattern but makes strict enforcement problematic.
The regulation presents several issues or questions for enforcement purposes. For example, if someone wants to go directly across a lake, rather than follow the shoreline in a counterclockwise direction, is that legal? On some lakes, counterclockwise operation is impossible because of obstructions. On large lakes, strict compliance with the regulation forces boaters to travel miles out of their way. If every boat were to operate under this counterclockwise operation rule, other rules concerning crossing situations and head-on passing would be unnecessary since no one would ever cross or meet another boat head on. The Navigation Rules are in place to enhance safety in crossing and passing situations.
A survey of other states' boating regulatory agencies reveals that they do not believe this type of regulation should be universally applied as it is here in this Commonwealth. If they have a similar regulation at all, it is only for specific waterways or for water skiing in specific areas.
The Navigation Rules in the Inland Steering and Sailing Rules, Rule 9, Narrow Channels state (in part): ''(a)(i) A vessel proceeding along the course of a narrow channel or fairway shall keep as near to the outer limit of the channel or fairway which lies on her starboard side as is safe and practicable.'' The Rules are silent concerning the operation of boats in other than narrow channels. The Rules assume that the rules with regard to crossing, overtaking and passing are sufficient to control operation on these waters.
Accordingly, the Commission proposes that § 103.3(a) be deleted as shown in Annex A.
(2) Sections 111.3, 111.6, 111.13, 111.58, 111.64 and 111.66. The BAB requested a review of the existing water skiing regulations that limit the number of water skiers or water skiing devices that may be towed behind a boat to identify those special regulations targeting single skier restrictions and recommend changes to these regulations to improve recreational opportunities. The original intention of most of these special regulations was to limit the number of water ski ropes rather than the number of persons on the skis. (In some cases, such as at Blue Marsh Lake, there was an intention to limit the number of persons.) A review of the regulations revealed inconsistency in language across the regulations that should be corrected. Additionally, since towed inflatables are regulated the same as water skis, the number of persons that can be towed on an inflatable is also limited to one. This creates problems for people whose device is manufactured to carry multiple persons and who wish to ride on the inflatable with younger children.
The Commission finds little justification in not allowing more than one skier if the number of water ski devices is limited. Also, since these regulations were put in place for safety on crowded lakes, the current restrictions do not seem appropriate for nonweekend and nonholidays or during the early or late season for most waterways. The Commission recommends that where the number of skiers needs to be restricted because of safety concerns, the number of tow lines should be restricted rather than the number of persons on the ski device. The Commission also recommends that the restriction be placed only on weekends and holidays during the primary boating season.
Accordingly, the Commission proposes to amend these various sections to read as set forth in Annex A.
F. Paperwork
The proposed rulemaking will not increase paperwork and will create no new paperwork requirements.
G. Fiscal Impact
The proposed rulemaking will have no adverse fiscal impact on the Commonwealth or its political subdivisions. The proposed rulemaking 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 rulemaking 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 by com- pleting the form at www.state.pa.us/Fish/regcomments. If an acknowledgment of electronic comments is not received by the sender within 2 working days, the comments should be retransmitted to ensure receipt.
DOUGLAS J. AUSTEN, Ph.D.,
Executive DirectorFiscal Note: 48A-172. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 58. RECREATION
PART II. FISH AND BOAT COMMISSION
Subpart C. BOATING
CHAPTER 103. RULES OF THE ROAD § 103.3. Restriction for special areas.
(a) [To provide for an orderly flow of boat traffic, motorboats shall operate in a counterclockwise fashion insofar as reasonably possible on all waters of this Commonwealth.
(b)] * * *
[(c)] (b) * * *
[(d)] (c) * * *
CHAPTER 111. SPECIAL REGULATIONS COUNTIES § 111.3. Armstrong County.
(a) Crooked Creek Lake.
(1) [A boat may not tow more than one water skier.] A boat may not tow more than one water ski device on weekends and holidays from the Saturday preceding Memorial Day through Labor Day.
* * * * * § 111.6. Berks County.
(a) Blue Marsh Lake. [The following special regulations apply to Blue Marsh Lake:]
* * * * * (3) [No more than one water skier may be towed behind a boat.] A boat may not tow more than one water ski device.
* * * * * § 111.13. Carbon County.
(a) Beltzville Lake--Beltzville State Park. [The following regulations apply to Beltzville Lake:]
* * *
(2) Waterskiing is prohibited except between sunrise and sunset in the designated ski zone. Boats in this zoned area shall operate in a counter-clockwise direction. Boats not engaged in waterskiing shall remain outside the ski zone area while waterskiing is in progress. [On weekdays, it is unlawful for a boat to tow more than two water-skiers at a time. On weekends--Saturdays and Sundays--and Federal holidays, it is unlawful for a boat to tow more than one water-skier at a time.] A boat may not tow more than one water ski device on weekends and holidays from the Saturday preceding Memorial Day through Labor Day.
* * * * * § 111.58. Susquehanna County.
* * * * * (d) Laurel Lake.
(1) Internal combustion motors are prohibited. [After April 1, 1997, the operation of boats powered by internal combustion motors is prohibited] Internal combustion motors are prohibited except as otherwise provided in this subsection.
* * *
(3) Restrictions on operation of boats powered by internal combustion motors. Operation of boats powered by internal combustion motors is subject to the following restrictions:
(i) Ski devices. [No more than one water ski device with a maximum of one skier may be towed by a boat.] A boat may not tow more than one water ski device.
* * * * * § 111.64. Wayne County.
* * * * * (b) Duck Harbor Pond.
(1) [A boat may tow only one water skier at a time.] A boat may not tow more than one water ski device on weekends and holidays from the Saturday preceding Memorial Day through Labor Day.
* * * * * (c) Long Pond.
* * * * * (2) [The operation of boats using more than one water ski tow rope or towing more than two skiers is prohibited.] A boat may not tow more than one water ski device on weekends and holidays from the Saturday preceding Memorial Day through Labor Day.
* * * * * § 111.66. Wyoming County.
* * * * * (b) Lake Winola.
(1) [No more than two waterskiers may be towed behind a boat.] A boat may not tow more than one water ski device on weekends and holidays from the Saturday preceding Memorial Day through Labor Day.
* * * * *
[Pa.B. Doc. No. 05-1175. Filed for public inspection June 17, 2005, 9:00 a.m.]
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