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PA Bulletin, Doc. No. 23-1688

RULES AND REGULATIONS

Title 58—RECREATION

FISH AND BOAT COMMISSION

[ 58 PA. CODE CH. 111 ]

Boating; Special Regulations Counties

[53 Pa.B. 7598]
[Saturday, December 9, 2023]

 The Fish and Boat Commission (Commission) amends Chapter 111 (relating to special regulations counties). The Commission is publishing this final-form rulemaking under the authority of 30 Pa.C.S. (relating to Fish and Boat Code) (code). The amendment updates 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 final-form rulemaking will go into effect upon publication in the Pennsylvania Bulletin.

B. Contact Person

 For further information on this final-form rulemaking, contact Renae Kluk Kiehl, Esquire, P.O. Box 67000, Harrisburg, PA 17106-7000, (717) 705-7810. This final-form rulemaking is available on the Commission's web site at www.fishandboat.com.

C. Statutory Authority

 The 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 amendments are described in more detail under the summary of changes.

E. Summary of Changes

 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 allows USACE to respond quickly to areas that become problematic by marking them accordingly.

 The Commission amends §§ 111.42 and 111.62 as set forth at 53 Pa.B. 5179 (August 19, 2023).

F. Paperwork

 This final-form rulemaking will not increase paperwork and will not create new paperwork requirements.

G. Fiscal Impact

 This final-form rulemaking will have no adverse fiscal impact on the Commonwealth or its political subdivisions.

H. Public Comments

 A notice of proposed rulemaking was published at 53 Pa.B. 5179. The Commission did not receive any public comments regarding the proposal.

Findings

 The Commission finds that:

 (1) Public notice of intention to adopt the amendments adopted by this order has been given under sections 201 and 202 of the act of July 31, 1968 (P.L. 769, No. 240) (45 P.S. §§ 1201 and 1202), referred to as the Commonwealth Documents Law, and the regulations promulgated thereunder, 1 Pa. Code §§ 7.1 and 7.2 (relating to notice of proposed rulemaking required; and adoption of regulations).

 (2) A public comment period was provided and no public comments were received.

 (3) The adoption of the amendments of the Commission in the manner provided in this order is necessary and appropriate for administration and enforcement of the authorizing statutes.

Order

 The Commission, acting under the authorizing statutes, orders that:

 (A) The regulations of the Commission, 58 Pa. Code Chapter 111, are amended by amending §§ 111.42 and 111.62 to read as set forth at 53 Pa.B. 5179.

 (B) The Executive Director will submit this order and 53 Pa.B. 5179 to the Office of Attorney General for approval as to legality and form as required by law.

 (C) The Executive Director shall certify this order and 53 Pa.B. 5179 and deposit them with the Legislative Reference Bureau as required by law.

 (D) This order shall take effect upon publication in the Pennsylvania Bulletin.

TIMOTHY D. SCHAEFFER, 
Executive Director

 Fiscal Note: Fiscal Note 48A-345 remains valid for the final adoption of the subject regulations.

[Pa.B. Doc. No. 23-1688. Filed for public inspection December 8, 2023, 9:00 a.m.]


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