RULES AND REGULATIONS
Title 58—RECREATION
FISH AND BOAT COMMISSION
[58 PA. CODE CHS. 97 AND 111]
Boating; Operator Provided Equipment; Special Regulations Counties
[54 Pa.B. 1056]
[Saturday, March 2, 2024]The Fish and Boat Commission (Commission) amends Chapters 97 and 111 (relating to operator provided equipment; and 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). These amendments update the Commission's regulations relating to personal floatation devices.
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, Esq., 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 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 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 for section 5124 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
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 flotation devices).'' Commission staff recommends 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 recommends 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 amends §§ 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 to read as set forth at 53 Pa.B. 5505 (September 2, 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. 5505. The Commission received no comments on this proposal.
Findings
The Commission finds that:
(1) Public notice of intention to adopt the amendment 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 comments were received.
(3) The adoption of the amendment 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 Chapters 97 and 111, are amended by amending §§ 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 to read as set forth at 53 Pa.B. 5505, with ellipses referring to the existing text of the regulations.
(B) The Executive Director will submit this order and 53 Pa.B. 5505 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. 5505 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 DirectorFiscal Note: Fiscal Note 48A-349 remains valid for the final adoption of the subject regulations.
[Pa.B. Doc. No. 24-264. Filed for public inspection March 1, 2024, 9:00 a.m.]
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