PROPOSED RULEMAKING
GAME COMMISSION
[58 PA. CODE CHS. 131 AND 135]
Preliminary Provisions; Definitions; Lands and Buildings; State Game Lands
[52 Pa.B. 6870]
[Saturday, November 5, 2022]To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) proposed at its September 24, 2022, meeting to amend §§ 131.2 and 135.41 (relating to definitions; and State game lands) to restrict the operation of boats propelled by electric motors on waterways owned or controlled by the Commission to slow, no-wake speed.
This proposed rulemaking will not have an adverse impact on the wildlife resources of this Commonwealth.
The authority for this proposed rulemaking is 34 Pa.C.S. (relating to Game and Wildlife Code) (code).
This proposed rulemaking was made public at the September 24, 2022, meeting of the Commission. Comments can be sent until January 28, 2023, to the Director, Information and Education, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797.
1. Purpose and Authority
With the advancements being made in the use of electric marine motors and the batteries that they use, it is time to revisit the Commission's regulations relating to their use on waterways owned or controlled by the Commission. Today's electric motors are more powerful than the electric motors that existed when the regulations were created. The Commission's applicable regulations were created with the intent to allow boaters to safely use our waterways with little conflict with other users and to limit the noise and the impact of gasoline motors have on the environment through gasoline spills and erosion issues. New electric motors are now offered in higher horsepower (HP) sizes than has historically been available with older, more traditional electric trolling motors. Current costs of the newer electric motors are high. (Example: 50 HP electric outboard motor is currently around $8,500, plus a matching deep cycle battery costs of around $5,000.) While the new technology costs are usually high, those costs are expected to come down and their use and availability more prolific. In an effort to be proactive, the Commission is proposing to amend §§ 131.2 and 135.41 to restrict the operation of boats propelled by electric motors on waterways owned or controlled by the Commission to slow, no-wake speed. The Fish and Boat Commission has recently proposed similar changes to their regulations on electric motors by limiting the operation of electric motors to slow, no-wake speeds.
Section 721(a) of the code (relating to control of property) provides ''The administration of all lands and waters owned, leased or otherwise controlled by the commission shall be under the sole control of the Director, and the commission shall promulgate regulations consistent with the purpose of this title for its use and protection as necessary to properly manage these lands or waters.'' The amendments to §§ 131.2 and 135.41 are proposed under this authority.
2. Regulatory Requirements
This proposed rulemaking will amend §§ 131.2 and 135.41 to restrict the operation of boats propelled by electric motors on waterways owned or controlled by the Commission to slow, no-wake speed.
3. Persons Affected
Persons wishing to use boats propelled by electric motors on waterways owned or controlled by the Commission will be affected by this proposed rulemaking.
4. Cost and Paperwork Requirements
This proposed rulemaking should not result in any additional cost or paperwork.
5. Effective Date
This proposed rulemaking will be effective upon final-form publication in the Pennsylvania Bulletin and will remain in effect until changed by the Commission.
6. Contact Person
For further information regarding this proposed rulemaking, contact Jason L. DeCoskey, Director, Bureau of Wildlife Protection, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717) 783-6526.
BRYAN J. BURHANS,
Executive DirectorFiscal Note: 48-490. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 58. RECREATION
PART III. GAME COMMISSION
CHAPTER 131. PRELIMINARY PROVISIONS § 131.2. Definitions.
In addition to the definitions contained in section 102 of the act (relating to definitions), the following words and terms, when used in this part or in the act, have the following meanings, unless the context clearly indicates otherwise:
* * * * * Regular small game hunting season—The designated period of time when resident small game species may be hunted and taken.
Slow, no wake speed—The slowest possible speed of a motorboat required to maintain maneuverability so that the wake or wash created by the motorboat on the surface of the water is minimal.
Special firearms deer season—Any firearms deer season, except muzzleloader season, that precedes the regular firearms deer season.
* * * * *
CHAPTER 135. LANDS AND BUILDINGS
Subchapter C. STATE GAME LANDS § 135.41. State game lands.
* * * * * (c) Additional prohibitions. In addition to the prohibitions contained in the act pertaining to State game lands and § 135.2, except with the written permission of the Director, it is unlawful to:
* * * * * (7) Drive motor vehicles with or without attachments having a registered gross vehicle weight in excess of 12,000 pounds.
(8) Use [boats] a boat propelled by a motor or operate a boat in excess of slow, no wake speed. [Battery powered electric motors may be used on waterways unless posted otherwise] Boats propelled by electric motors are authorized for use on waterways when operated at slow, no-wake speed unless the waterway is otherwise posted closed to all boats or all boats propelled by a motor.
(9) Consume, possess or transport any alcohol, liquor, beer, malt or brewed alcoholic beverage.
* * * * *
[Pa.B. Doc. No. 22-1693. Filed for public inspection November 4, 2022, 9:00 a.m.]
No part of the information on this site may be reproduced for profit or sold for profit.This material has been drawn directly from the official Pennsylvania Bulletin full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.
