PROPOSED RULEMAKING
FISH AND BOAT COMMISSION
[ 58 PA. CODE CH. 111 ]
Boating; Special Regulations Counties
[53 Pa.B. 5179]
[Saturday, August 19, 2023]The Fish and Boat Commission (Commission) proposes to amend Chapter 111 (relating to special regulations counties). 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 pertaining to Allegheny River Reservoir, also known as Kinzua Dam located in both McKean County and Warren County.
A. Effective Date
This proposed rulemaking, if approved on final-form rulemaking, will go into effect upon publication in the Pennsylvania Bulletin.
B. Contact Person
For further information on this proposed rulemaking, contact Renae Kluk Kiehl, Esquire, 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 amendments to §§ 111.42 and 111.62 (relating to McKean County; and Warren County) 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
Allegheny River Reservoir, also known as Kinzua Dam, is a 7,647-acre impoundment in McKean County and Warren County operated by the United States Army Corps of Engineers (USACE). Many of the controlled areas on the lake are indicated in the Commission's regulations and are marked with aids to navigation (that is buoys) by the USACE. The area near Elijah Run, in the southeastern portion of the reservoir in McKean County, is currently marked by USACE as slow, no wake to protect the boat launch area; however, it is not part of the Commission's regulations. Adding this location to the existing regulations for Allegheny River Reservoir in the Pennsylvania Code will assist with enforcement of this restriction. Commission staff also recommend adding §§ 111.42(1)(vii) and 111.62(1)(viii) to the McKean County and Warren County regulations that appear in regulations on other USACE waters which allow USACE to respond quickly to areas that become problematic by marking them accordingly.
The Commission proposes that §§ 111.42 and 111.62 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 to RA-pfbcregulations@pa.gov. Electronic comments submitted in any other manner will not be accepted.
TIMOTHY D. SCHAEFFER,
Executive DirectorFiscal Note: 48A-345. No fiscal impact; recommends adoption.
Annex A
TITLE 58. RECREATION
PART II. FISH AND BOAT COMMISSION
Subpart C. BOATING
CHAPTER 111. SPECIAL REGULATIONS COUNTIES § 111.42. McKean County.
Allegheny River Reservoir (Kinzua Dam).
(1) Boats are limited to slow, no wake speed in the following areas:
(i) Chappel Bay.
(ii) Morrison Run Bay.
(iii) From the sewer plant at Kiasutha to the headwaters above Red Bridge.
(iv) Willow Bay.
(v) Sugar Bay.
(vi) Elijah Run boat launch.
(vii) Other coves, bays, inlets, arms and areas marked with slow, no-wake buoys.
(2) Persons shall wear a Coast Guard approved personal flotation device at all times when on board boats less than 16 feet in length or any canoe or kayak.
§ 111.62. Warren County.
Allegheny River Reservoir (Kinzua Dam).
(1) Boats are limited to slow, no wake speed in the following areas:
(i) In the vicinity of camping areas and boat launch areas.
(ii) Dew Drop Bay.
(iii) Wolf Run Bay.
(iv) Hodge Bay, North and South Branch.
(v) Cornplanter Bay.
(vi) Billies Bay.
(vii) Willow Bay beginning at the boat launch ramp.
(viii) Other coves, bays, inlets, arms and areas marked with slow, no-wake buoys.
(2) Persons shall wear a Coast Guard approved personal flotation device at all times when on board boats less than 16 feet in length or any canoe or kayak.
[Pa.B. Doc. No. 23-1118. Filed for public inspection August 18, 2023, 9:00 a.m.]
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