PROPOSED RULEMAKING
FISH AND BOAT COMMISSION
[58 PA. CODE CHS. 97 AND 111]
Boating; Operator Provided Equipment; Special Regulations Counties
[53 Pa.B. 5505]
[Saturday, September 2, 2023]The Fish and Boat Commission (Commission) proposes to amend Chapters 97 and 111 (relating to operator provided equipment; and 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 relating to personal floatation devices.
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, 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 § 97.1 (relating to personal flotation devices), is published under the statutory authority of section 5123 of the code (relating to general boating regulations). The proposed amendments to §§ 111.3, 111.20, 111.24, 111.26, 111.27, 111.32, 111.42, 111.43, 111.56, 111.62 and 111.65 are published under the statutory authority of section 5124 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
Over the past decade, paddleboarding has been gaining popularity. Paddleboards are now widely available, affordable and relatively easy to transport. Paddleboards resemble oversized surfboards and models are designed for use on various waterways and conditions. They are primarily operated by a person standing on the board using a paddle in a manner similar to a canoe. Paddleboards are frequently used on lakes and rivers throughout this Commonwealth.
On October 3, 2008, the United States Coast Guard (USCG) issued a determination that, when beyond the narrow limits of a swimming, surfing or bathing area, the device known as a ''paddleboard'' is a vessel under 46 U.S.C. § 2101 (relating to general definitions). This classification means that no person may use a paddleboard unless in compliance with the Navigation Rules and applicable carriage requirements for this type of vessel. The Commission adopted the USCG's definition of paddleboard and associated life jacket carriage requirements in § 109.2 (relating to paddleboards and sailboards), effective January 1, 2015. This section states that a wearable life jacket must be carried on board for each person, ''unless otherwise required to be worn in accordance with § 97.1 (relating to personal life jackets).'' Commission staff recommend amendments to § 97.1 to provide clarification regarding life jacket wear requirements, since paddleboards are generally included with canoes and kayaks for recreational boating purposes. Commission staff also recommend amendments to incorporate paddleboards into Chapter 111 regulations for United States Army Corps of Engineers Pittsburgh District lakes where life jacket wear is required on boats less than 16 feet in length or any canoe, kayak or paddleboard.
The Commission proposes that §§ 97.1, 111.3, 111.20, 111.24, 111.26, 111.27, 111.32, 111.42, 111.43, 111.56, 111.62 and 111.65 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-349. No fiscal impact; recommends adoption.
Annex A
TITLE 58. RECREATION
PART II. FISH AND BOAT COMMISSION
Subpart C. BOATING
CHAPTER 97. OPERATOR PROVIDED EQUIPMENT § 97.1. Personal flotation devices.
* * * * * (h) Children 12 years of age and younger shall wear an approved wearable PFD while underway on any boat 20 feet or less in length and all canoes [and], kayaks and paddleboards. The operator of the watercraft violates this subsection if he does not cause a child 12 years of age or younger to wear a PFD as required by this subsection.
(i) Beginning November 1 until midnight April 30 of the following year, a person shall wear a Coast Guard approved wearable PFD while underway or at anchor on boats less than 16 feet in length or any canoe [or], kayak or paddleboard.
CHAPTER 111. SPECIAL REGULATIONS COUNTIES § 111.3. Armstrong County.
(a) Crooked Creek Lake.
* * * * * (5) 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 or paddleboard.
* * * * * (c) Mahoning Creek Lake.
(1) The use of motors in excess of 10 horsepower is prohibited.
(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 or paddleboard.
§ 111.20. Crawford County.
* * * * * (e) Woodcock Creek Lake.
* * * * * (4) 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 or paddleboard.
§ 111.24. Elk County.
East Branch Clarion River Lake—Elk State Park.
* * * * * (3) 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 or paddleboard.
§ 111.26. Fayette County.
Youghiogheny River Lake. 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 or paddleboard.
§ 111.27. Forest County.
Tionesta Lake.
(1) 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 or paddleboard.
(2) Boats are limited to slow, no wake speed upstream from the confluence of Little Piney Run.
§ 111.32. Indiana County.
(a) Conemaugh River Lake.
(1) Persons shall wear a Coast Guard approved personal flotation device at all times when on board boatsless than 16 feet in length or any canoe [or], kayak or paddleboard.
* * * * * § 111.42. McKean County.
Allegheny River Reservoir (Kinzua Dam).
* * * * * (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 or paddleboard.
§ 111.43. Mercer County.
(a) Shenango River Lake.
* * * * * (5) 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 or paddleboard.
* * * * * § 111.56. Somerset County.
Youghiogheny River Lake.
(1) 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 or paddleboard.
* * * * * § 111.62. Warren County.
Allegheny River Reservoir (Kinzua Dam).
* * * * * (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 or paddleboard.
§ 111.65. Westmoreland County.
(a) Conemaugh River Lake.
(1) 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 or paddleboard.
* * * * * (b) Loyalhanna River Lake. All 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 or paddleboard.
[Pa.B. Doc. No. 23-1176. Filed for public inspection September 1, 2023, 9:00 a.m.]
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