PROPOSED RULEMAKING
FISH AND BOAT COMMISSION
[58 PA. CODE CHS. 103, 105, 109 AND 111]
Boating
[52 Pa.B. 3435]
[Saturday, June 18, 2022]The Fish and Boat Commission (Commission) proposes to amend Chapters 103, 105, 109 and 111. The Commission is publishing this proposed rulemaking under the authority of 30 Pa.C.S. (relating to Fish and Boat Code) (code). The proposed amendments update the Commission's regulations relating to boat-towed watersports.
A. Effective Date
This proposed rulemaking, if approved on final-form rulemaking, shall take effect January 1, 2023.
B. Contact Person
For further information on this proposed rulemaking, contact Wayne Melnick, Esq., P.O. Box 67000, Harrisburg, PA 17106-7000, (717) 705-7810. This proposed rulemaking is available on the Commission's web site at www.fishandboat.com.
C. Statutory Authority
The proposed amendment to § 105.1 (relating to conditions requiring immediate corrective action), is published under the statutory authority of section 5123 of the code (relating to general boating regulations). The proposed amendments to §§ 103.3 and 105.3 (relating to restrictions for special areas; and unacceptable boating practices) are published under the statutory authority of section 5123(a) of the code. The proposed amendment to § 109.4 (relating to waterskiing, aquaplaning, kiteskiing and similar activities) is published under the statutory authority of section 5123(a)(5) of the code. The proposed amendments to §§ 111.2, 111.3, 111.6, 111.13, 111.58, 111.64 and 111.66 are published under the statutory authority of section 5124(a) of the code (relating to particular areas of water).
D. Purpose and Background
The specific purpose and background of the proposed amendments are described in more detail under the summary of proposal.
E. Summary of Proposal
On September 28, 2021, the National Association of State Boating Law Administrators (NASBLA) membership adopted a model act for safe boating practices for boat-towed watersports. This act was originally adopted in 2003, then modified in 2004, 2005 and 2007 to reflect safety issues and current trends in recreational boating activity. In February 2020, the NASBLA Enforcement and Training Committee accepted a charge to examine and update an earlier version of the act, based on new equipment and technologies in towed watersports activities. The revised model act was presented to the NASBLA membership and voted upon at the 2021 annual conference in Pittsburgh, Pennsylvania. The Commission has reviewed and selected relevant portions of the act to incorporate and modernize its regulations in §§ 103.3, 105.1, 105.3, 109.4, 111.2, 111.3, 111.6, 111.13, 111.58, 111.64 and 111.66. These proposed amendments also include corrections to inconsistent wording relating to these changes.
The Commission proposes that §§ 103.3, 105.1, 105.3, 109.4, 111.2, 111.3, 111.6, 111.13, 111.58, 111.64 and 111.66 be amended 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 have no adverse fiscal impact on the Commonwealth or its political subdivisions.
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 notice 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.
TIMOTHY D. SCHAEFFER,
Executive DirectorFiscal Note: 48A-329. 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. Restrictions for special areas.
(a) Boats are limited to slow, no wake speed when within 100 feet of the shore line; docks; launching ramps; swimmers or downed skiers or other boat-towed watersports participants; persons wading in the water; anchored, moored, or drifting boats; floats, except for ski jumps and ski landing floats; or other areas so marked. This subsection does not apply in a zoned ski area or authorized ski return areas when those areas are found within the areas described in this subsection.
* * * * *
CHAPTER 105. OPERATIONAL CONDITIONS § 105.1. Conditions requiring immediate corrective action.
A condition requiring immediate corrective actions shall exist when a boat:
* * * * * (8) Is pulling a [water skier] water-skier or other boat-towed watersports participant without the required observer aboard.
* * * * * § 105.3. Unacceptable boating practices.
It is unlawful to:
* * * * * (8) Operate within 100 feet of a water-skier or other boat-towed watersports participant being towed by another boat.
* * * * * (11) Operate a motorboat at any speed when towing a person on [waterskis] water skis or other boat-towed devices using a tow rope of 20 feet or less as measured from the transom of the boat. This prohibition does not apply to wake surfing as defined in § 109.4 (relating to waterskiing[, aquaplaning, kiteskiing and similar activities] and other boat-towed watersports).
* * * * *
CHAPTER 109. SPECIALTY BOATS AND [WATERSKIING ACTIVITIES] BOAT-TOWED WATERSPORTS § 109.4. Waterskiing[, aquaplaning, kiteskiing, and similar activities] and other boat-towed watersports.
(a) Definitions. The following words and terms, when used in this section, have the following meanings, unless the context clearly indicates otherwise:
Boat-towed device—An inflatable tube or other device designed to be sat, stood, kneeled or laid upon while being towed through or on water behind a boat. The term includes water skis, aquaplanes, kneeboards, inner tubes, inflatable hot dogs, air mattresses, parasails, kite skis and similar devices.
Boat-towed watersports—Activities that involve being towed by a boat or riding in or on the wake of a boat such as, but not limited to, waterskiing, wake surfing and tubing.
Competent observer—A person who has the ability to assess when a [skier] person being towed behind a boat is in trouble, knows and understands the waterskiing hand signals, and is capable of helping [a skier] a person being towed.
PFD—Personal Flotation Device as defined in § 97.1 (relating to personal flotation devices).
* * * * * Water ski—A [device] single or pair of long flat runners designed to be used by a person [to be towed through or on] for planing over water while being towed behind a boat. [The term includes conventional water skis, aquaplanes, kneeboards, inner tubes, inflatable hot dogs, air mattress, parasails, kite skis and similar devices.]
Waterskiing—A competitive or recreational water sport in which a person is towed across the water's surface behind a boat in any fashion on a water ski as defined in this subsection or on [his] their bare feet.
(b) [Skiing hours. Ski activities] Hours. Waterskiing and other boat-towed watersports are prohibited between the hours of sunset and sunrise.
(c) Observer required. The following conditions apply:
(1) General rule. Except as otherwise provided in this subsection, it is unlawful for a person to operate a boat towing or otherwise assisting a person on water skis or other boat-towed watersports unless there is at least one competent observer in the boat in addition to the operator of the boat. The observer shall be positioned in the boat to observe the progress of the person being towed. It is unlawful for a person to water ski or ride a towed device being towed by a watercraft or device not containing an operator and observer as required by this subsection.
(2) Special conditions. The Executive Director, or a designee, may issue a permit to allow a limited exception to paragraph (1). A permit issued under this paragraph will permit operation of a boat towing a [water skier] water-skier without an observer, in addition to the operator, on board the boat. These operations will be permitted only under the following conditions:
(i) Both the operator of the boat and the [water skier] water-skier meet safety training requirements as evidenced by documented completion of a safe boating course and active membership in a State or National waterskiing organization, which provides members with information on waterskiing safety.
* * * * * (vii) The waterskiing takes place before the hour of 10 a.m. on a day other than a weekend or holiday. The Executive Director, for good cause shown, may permit waterskiing under this section on a Saturday or Sunday before the hour of 10 a.m. if the Executive Director finds that other boating activities on the waters at the same time will not interfere with the [water-skiing] waterskiing.
(viii) The waterskiing takes place on waters described and approved for the operations in the permit.
(ix) The waterskiing takes place when the Executive Director or a designee indicates in the permit.
(x) The boat towing the [water skier] water-skier displays a special water ski flag of a size and design approved by the Commission.
(xi) The permittee carries the permit onboard while operating the boat towing a [water skier] water-skier without an observer.
(d) Umbilical or remote controls. A person may not operate a device which is controlled by a person connected to the power source by means of an umbilical or remote control, or both, which tows the person on or through the water.
(e) [Ski tow ropes. Ski tow ] Tow ropes. Tow ropes may not exceed the following lengths:
(1) Conventional water skis and [similar] other devices, unless listed below—80 feet.
(2) Nonreleasable kite ski—150 feet.
(3) Releasable kite ski—500 feet.
(4) Parasails—300 feet.
(5) Commercial winch boat parasails—600 feet.
(f) PFDs. It is unlawful for a person to operate a boat on the waters of this Commonwealth for:
(1) Waterskiing and other boat-towed watersports (except wake surfing) unless each person being towed is wearing a United States Coast Guard approved wearable PFD in accordance with § 97.1 [(relating to personal flotation devices)]. Inflatable PFDs may not be used to meet this requirement.
* * * * * (g) Water ski wetsuits. A person engaged in slalom skiing on a marked course or a person engaged in barefoot, jump or trick skiing, or wake surfing may elect to wear a wetsuit designed specifically for the activity in lieu of the United States Coast Guard approved wearable PFD required in § 97.1. A United States Coast Guard approved wearable [PDF] PFD described in § 97.1 shall be carried in the tow boat for each skier electing to wear a water ski wetsuit. The nonapproved water ski wetsuit device shall meet the following criteria:
* * * * * (h) Starting and returning from shore or dock. Notwithstanding the slow, no wake restrictions contained in § 103.3(b) (relating to restriction for special areas), skiers are permitted to start from the shore or dock if the traffic situation permits this to be done safely and in accordance with other water ski regulations. A [water skier] water-skier is not permitted to be returned to dock or shore under power. The skier shall release outside the 100-foot limit. The skier may then coast or glide toward the shore or dock, if the skier does not endanger life and property in so doing and steers clear of swimmers, docks and boats.
* * * * *
CHAPTER 111. SPECIAL REGULATIONS COUNTIES § 111.2. Allegheny County.
(a) Allegheny River. The following special regulations apply to the Allegheny River:
* * * * * (2) The area behind Nine Mile Island, Mile 10.0 to Mile 10.4 is a designated ski zone. Boats not actively engaged in towing [water skiers] water-skiers or other boat-towed watersport participants are limited to slow, no wake speed.
(b) Monongahela River. Waterskiing [is] and other boat-towed watersports are prohibited from the Glassport Bridge (Mile 19.4) to the Union Railroad Bridge (Mile 21.1) at Clairton.
* * * * * § 111.3. Armstrong County.
(a) Crooked Creek Lake.
(1) A boat may not tow more than one [water-skier] boat-towed device on weekends and holidays from the Saturday preceding Memorial Day through Labor Day.
* * * * * § 111.6. Berks County.
(a) Blue Marsh Lake.
* * * * * (3) A boat may not tow more than one [water ski] boat-towed device.
* * * * * § 111.13. Carbon County.
(a) Beltzville Lake—Beltzville State Park.
* * * * * (3) Waterskiing [is] and other boat-towed watersports are 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 and other boat-towed watersports shall remain outside the ski zone area while waterskiing [is] and other boat-towed watersports are in progress. A boat may not tow more than one [water ski] boat-towed device on weekends and holidays from the Saturday preceding Memorial Day through Labor Day.
* * * * * § 111.58. Susquehanna County.
* * * * * (d) Laurel Lake.
* * * * * (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] Towed devices. A boat may not tow more than one [water ski] boat-towed device.
(ii) Upper Lake. Boat speed is limited to slow, no wake speed except that, during the period from noon until 6 p.m., no more than two boats powered by internal combustion motors may, at any one time, operate at speeds greater than slow, no wake speed in the marked boat operating zone. Boats operating in the marked zone shall circle in a counter-clockwise direction and shall be subject to the restrictions in this subsection and the code and this subpart. It is unlawful to water ski or tow any other boat-towed device or to operate a boat at greater than slow, no wake speed at any location on the upper lake from 6 p.m. until noon of the following day.
(iii) Lower Lake. It is unlawful to water ski or tow any other boat-towed device or to operate a boat at greater than slow, no wake speed at any time at any location on the lower lake.
* * * * * § 111.64. Wayne County.
(a) Duck Harbor Pond.
* * * * * (2) A boat may not tow more than one [water ski] boat-towed device on weekends and holidays from the Saturday preceding Memorial Day through Labor Day.
* * * * * (b) Long Pond.
* * * * * (2) Waterskiing [is] and other boat-towed watersports are permitted from 10 a.m. until 5 p.m. on weekends and holidays and from 10 a.m. until sunset on weekdays other than holidays.
(3) A boat may not tow more than one [water ski] boat-towed device on weekends and holidays from the Saturday preceding Memorial Day through Labor Day.
* * * * * § 111.66. Wyoming County.
Lake Winola.
* * * * * (2) A boat may not tow more than one [water ski] boat-towed device on weekends and holidays from the Saturday preceding Memorial Day through Labor Day.
* * * * *
[Pa.B. Doc. No. 22-897. Filed for public inspection June 17, 2022, 9:00 a.m.]
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