RULES AND REGULATIONS
FISH AND BOAT COMMISSION
[58 PA. CODE CH. 111]
Boating; Special Regulations Counties
[35 Pa.B. 5125] 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). The final-form rulemaking corrects a minor discrepancy in the description of the slow, no wake zone on the Beaver River in Beaver County and removes a 10 horsepower restriction at the former Connequenessing Creek Dam in Beaver County. The final-form rulemaking also establishes a 45-mile per hour speed limit from sunrise to sunset on weekends and holidays from the Saturday before Memorial Day through Labor Day on Harveys Lake in Luzerne County.
A. Effective Date
The final-form rulemaking will go into effect on January 1, 2006.
B. Contact Person
For further information on the final-form rulemaking, contact Laurie E. Shepler, Chief Counsel, P. O. Box 67000, Harrisburg, PA 17106-7000, (717) 705-7815. This final-form rulemaking is available on the Commission's website at www.fish.state.pa.us.
C. Statutory Authority
The amendments to §§ 111.4 and 111.40 (relating to Beaver County; and Luzerne 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 boating regulations. The specific purpose of the final-form rulemaking is described in more detail under the summary of changes.
E. Summary of Changes
(1) Section 111.4. A review of the Commission's regulations uncovered a minor discrepancy in the description of the special regulation for the Beaver River. The regulation establishes a slow no wake zone for a length of 2 miles, but the regulation also references River Mile 0.0 and River Mile 2.3, a distance of 2.3 miles. The Commission has corrected this discrepancy as set forth in the notice of proposed rulemaking.
The Connequenessing Creek Dam was a wicket dam near Ellwood City. In its early life, the pool behind the dam was used by locals for waterskiing under very strict regulations. These regulations were removed in the mid-1980s, and a 10 horsepower restriction was applied to allow limited use. The dam no longer exists as an operational structure. Without the dam creating an impoundment, there is no reason to retain the current 10 horsepower restriction. Therefore, the Commission has deleted this regulation as set forth in the notice of proposed rulemaking. With the deletion of this regulation, the creek will revert to general unlimited horsepower. However, since the unimpounded depth of the creek is insufficient to support power boats, the change will have no impact on current or potential motor boating activities.
(2) Section 111.40. The Commission received a petition from the Harveys Lake Protective Association to amend the regulations to establish a 45-mile per hour speed limit from sunrise to sunset on weekends and holidays from the Saturday before Memorial Day through Labor Day. As part of staff's review of the petition, they polled other states and found that relatively few states use radar extensively. The states that do, Maryland, Florida and Missouri, primarily use radar on waters with narrow channels or rivers where the boat traffic is relatively constrained. All have indicated that there are limitations on the use of radar on open waters with heavy boat traffic. Nonetheless, speed limits act as a social and psychological deterrent and have some value. Accordingly, the Commission has adopted the 45-mile per hour speed limit on Harveys Lake as set forth in the notice of proposed rulemaking.
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
Notice of proposed rulemaking was published at 35 Pa.B. 2394 (April 23, 2005). The Commission did not receive any public comments regarding the proposed amendments to § 111.4. The Commission received two public comments regarding the proposed speed limit on Harveys Lake, both supporting the proposed rulemaking. After the formal comment period, the Commission received two additional public comments, one supporting and one opposing the speed limit. Copies of all public comments were provided to the Commissioners.
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 the comments that were received were considered.
(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 Chapter 111, are amended by amending §§ 111.4 and 111.40 to read as set forth at 35 Pa.B. 2394.
(b) The Executive Director will submit this order and 35 Pa.B. 2394 to the Office of Attorney General for approval as to legality as required by law.
(c) The Executive Director shall certify this order and 35 Pa.B. 2394 and deposit them with the Legislative Reference Bureau as required by law.
(d) This order shall take effect on January 1, 2006.
DOUGLAS J. AUSTEN, Ph.D.,
Executive DirectorFiscal Note: Fiscal Note 48A-165 remains valid for the final adoption of the subject regulations.
[Pa.B. Doc. No. 05-1713. Filed for public inspection September 16, 2005, 9:00 a.m.]
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