PROPOSED RULEMAKING
FISH AND BOAT COMMISSION
[ 58 PA. CODE CH. 53 ]
Commission Property
[48 Pa.B. 2655]
[Saturday, May 5, 2018]The Fish and Boat Commission (Commission) proposes to amend Chapter 53 (relating to Commission property) to read as set forth in Annex A. The Commission is publishing this proposed rulemaking under the authority of 30 Pa.C.S. (relating to Fish and Boat Code) (code).
A. Effective Date
This proposed rulemaking, if approved on final-form rulemaking, will go into effect upon final-form publication in the Pennsylvania Bulletin.
B. Contact Person
For further information on this proposed rulemaking, contact Wayne Melnick, P.O. Box 67000, Harrisburg, PA 17106-7000, (717) 705-7827. This proposed rulemaking is available on the Commission's web site at www.fish.state.pa.us.
C. Statutory Authority
The proposed amendments to § 53.11 (relating to off-highway vehicles, snowmobiles and mobility devices) are published under the statutory authority of section 741 of the code (relating to control of property).
D. Purpose and Background
This proposed rulemaking is designed to improve, enhance and update the Commission's property regulations. The specific purpose of the proposed amendments is described in more detail under the summary of proposal.
E. Summary of Proposal
Section 53.11(c) currently allows persons who are exempt from the fishing license requirement under section 2709(b) of the code (relating to exemptions from license requirements) and persons who are deprived of the use of a leg or both legs in a manner that significantly limits mobility to apply for a permit to use an off-road motorized vehicle on Commission property for the purpose of gaining access to fishing or boating opportunities. A recent review of this section and the Commission's application disclosed that both are in need of updating so that they meet current requirements of the Americans with Disabilities Act of 1990 (ADA) (42 U.S.C.A. §§ 12101—12213) and United States Department of Justice regulations implementing the requirements of the ADA. In addition, to give the Commission more flexibility in adapting to future changes in law, the Commission proposes deleting certain language from § 53.11 and relying on the application form and the conditions in the permit. The Commission also proposes housekeeping changes to subsection (a).
The Commission proposes to amend § 53.11 to read as set forth in Annex A.
F. Paperwork
This proposed rulemaking will not increase paperwork and will not create new paperwork requirements.
G. Fiscal Impact
This proposed rulemaking will not have adverse fiscal impacts on the Commonwealth or its political subdivisions. This proposed rulemaking will not impose 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 this 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 proposed rulemaking in the Pennsylvania Bulletin. Comments submitted by facsimile will not be accepted.
Comments also may be submitted electronically by completing the form at www.fishandboat.com/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. Electronic comments submitted in any other manner will not be accepted.
JOHN A. ARWAY,
Executive DirectorFiscal Note: 48A-280. 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 § 53.11. Off-highway vehicles [and], snowmobiles and mobility devices.
(a) General rule. Except as provided in subsection (c), the use of off-road motorized vehicles[, including trail bikes, Tote Gotes, all terrain vehicles (ATVs), air cushioned vehicles, track vehicles, hydrofoils and the like,] is prohibited on Commission-owned or -controlled property. As used in this subsection, ''off-road motorized vehicle'' means a motorized vehicle specifically designed for this use. The term includes trail bikes, Tote Gotes, all-terrain vehicles, air cushioned vehicles, track vehicles and hydrofoils. The term does not include a vehicle licensed or registered for on-road use, such as a 4 by 4 sport utility vehicle, and the like.
(b) Snowmobiles. It is unlawful to operate a snowmobile on Commission-owned or -controlled property except in areas designated for use by the Executive Director and so posted. The Commission will maintain a list of areas when use is permitted. In those areas where use of snowmobiles is permitted, the following conditions apply:
(1) Snowmobiles may be loaded or unloaded in Commission parking areas unless otherwise posted.
(2) Snowmobiles may be operated in parking areas only for the purpose of direct access and egress to other areas where operation is permitted. Parking areas may not be used for general snowmobile operation.
(3) The operation of snowmobiles on Commission-owned and -controlled property is at the sole risk of the operator. The Commission assumes no responsibility for the operations and makes no representations as to the suitability of trails or areas for their use.
(4) The operation of snowmobiles on frozen lakes, ponds, rivers and streams is prohibited.
(c) Persons with disabilities.
(1) Motorized wheelchairs. A person whose disability requires him to use a motorized wheelchair or similar device powered by an electric motor may use the device on Commission property. The Commission does not represent that Commission properties except those specifically marked and designated for access by persons with disabilities are suitable for this use.
[(2) Other motorized vehicles. The Executive Director or a designee may permit persons exempt from the fishing license requirement under section 2709(b) of the code (relating to exemptions from license requirements) and persons who are deprived of the use of a leg or both legs in a manner that significantly limits mobility to use an off-road motorized vehicle on Commission property for the purpose of gaining access to fishing or boating opportunities under the following conditions:
(i) The person applies in writing for permission stating the nature of the disability, the description of the vehicle and the areas for which use is proposed. The application should be sent to:
Director, Bureau of Law Enforcement
Pennsylvania Fish and Boat Commission
Post Office Box 67000
Harrisburg, Pennsylvania 17106-7000The application shall include a statement from a physician or a chiropractor licensed to practice in this Commonwealth describing the disability and certifying that the applicant meets the requirements of this section.
(ii) The vehicle is operated by the person with a disability or a person identified in the application to operate the vehicle for the person with disability.
(iii) The person agrees that he will be responsible for the operation of the vehicle, the suitability of the site for the operation, and for damages caused by operation of the vehicle.
(iv) The person acknowledges that the Commission does not represent that Commission properties, except those specifically marked and designated for access by persons with disabilities, are suitable for any such use.
(d) As used in this section, the term, ''off-road motorized vehicle,'' means a motorized vehicle specifically designed for this use. The term does not include a vehicle licensed or registered for on-road use, such as a 4 by 4 sport utility vehicle and the like.]
(2) Other power-driven mobility devices. The Executive Director or a designee may permit persons who have a disability for which they need to use other power-driven mobility devices to use them on Commission property for the purpose of gaining access to fishing or boating opportunities under all of the following conditions:
(i) The person applies in writing for permission on the form provided by the Commission and sends the application to the Director, Bureau of Law Enforcement, Pennsylvania Fish and Boat Commission, Post Office Box 67000, Harrisburg, Pennsylvania 17106-7000.
(ii) The person who has received permission under subparagraph (i) complies with the written conditions of the permit.
(iii) For purposes of this paragraph, ''other power-driven mobility devices'' means any mobility device, other than a wheelchair, powered by battery, fuel or other engine that is used by persons with a mobility disability for the purpose of locomotion. The term includes golf carts and electronic personal assistance mobility devices such as a Segway or any mobility device designed to operate in areas without defined pedestrian routes, regardless of whether it is designed primarily for use by persons with a mobility disability.
[Pa.B. Doc. No. 18-687. Filed for public inspection May 4, 2018, 9:00 a.m.]
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