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PA Bulletin, Doc. No. 96-1963

RULES AND REGULATIONS

FISH AND BOAT COMMISSION

[58 PA. CODE CHS. 69 AND 111]

Fishing and Boating

[26 Pa.B. 5711]

   The Fish and Boat Commission (Commission) by this order amends Chapters 69 and 111 (relating to fishing in Lake Erie and boundary lakes; and special regulations counties). The Commission is publishing these amendments under the authority of 30 Pa.C.S. (relating to Fish and Boat Code) (code). The amendments deal with fishing and boating.

A.  Effective Date

   These amendments will take effect on January 1, 1997.

B.  Contact Person

   For further information on the amendments, contact Dennis Guise, Chief Counsel, (717) 657-4525, P. O. Box 67000, Harrisburg, PA 17106-7000.

C.  Statutory Authority

   The amendments are published under the statutory authority of sections 2102 and 5124 of the code (relating to rules and regulations; and particular areas of water).

D.  Purpose and Background

   The amendments are designed to update, modify and improve Commission regulations on fishing and boating. The specific purpose for the various amendments is described in more detail under Section E of this Preamble.

E.  Summary of Changes

   (a)  Seasons, sizes and creel limits--Lake Erie and Lake Erie tributaries, §§ 69.12 and 69.13 (relating to seasons, sizes and creel limits--Lake Erie; and seasons, sizes and creel limits--Lake Erie tributaries). The Commission has amended its regulations to change bass size to a minimum of 20" and the daily creel to one from the first Saturday after April 11 through midnight Friday preceding the first Saturday after June 11. The amendments also prohibit bass tournaments during the trophy bass season on Lake Erie and Presque Isle Bay.

   (b)  Bucks County, Delaware River, § 111.9(e) (relating to Bucks County). The New Hope Borough Council and the Solebury Township Supervisors joined forces to request that several slow, minimum height swell speed zones be created on the Delaware River in their respective municipalities. At its July 1995 meeting, the Commission accepted the petition and ordered the publication of a notice of proposed rulemaking to establish slow no wake zones under three Delaware River bridges and a 3,000 foot area near Lumberville. At the same time, staff was directed to investigate and prepare a report on the proposed no wake zone at New Hope Borough. Although there is little in the record that would indicate that the safety of boat operators is inordinately compromised in this area by high speed operation, the character of this historic community deserves consideration. The Delaware River is not a large water body. Boating has traditionally amounted to unpowered and small fishing boats. The influx of personal watercraft and other modified outboard driven boats and the resultant noise and congestion has raised the ire of community residents who are finding lifestyles adversely changed. It was therefore proposed that an additional slow, minimum height swell speed zone be established from the Lambertville wing-dam to the New Hope Lambertville Bridge. The Boating Advisory Board (Board) discussed this item at its January 1996 meeting. The Board recommended approval with one change. The Board recommended that the proposed slow, minimum height swell speed zone be effective from 12:01 a.m. on the Friday before Memorial Day until midnight on Labor Day. The Commission approved the publication of a notice of proposed rulemaking containing this change, and the Commission received considerable public comment. After consideration of the staff recommendation and public comments, the Commission unanimously voted at its July 1996 meeting to table this item for further review and discussion.

   (c)  Luzerne County, Harveys Lake, § 111.40(f) (relating to Luzerne County). The Pennsylvania Marine Trades Association submitted a petition asserting that the current regulations establishing a nighttime speed limit on Harveys Lake unnecessarily restrict the use of their boats and waterways and infringes upon their rights as free and responsible citizens. At its July 1995 meeting, the Commission accepted this petition and directed staff to prepare a report and make recommendations relative to the continuation of these regulations. Staff reviewed the record concerning Harveys Lake and recommended that the operation of boats during nighttime hours at slow, minimum height swell speed be replaced with a speed limit of 25 miles per hour. The Board reviewed this proposal at its January 1996 meeting and recommended approval. The Commission approved the publication of a notice of proposed rulemaking containing this amendment, and the Commission received considerable public comment. After consideration of the public comments, staff recommended at the Commission's July 1996 meeting that the Commission not approve this change. The Commission unanimously accepted the staff recommendation to leave this section unchanged.

   (d)  Susquehanna County, Laurel Lake, § 111.58(d) (relating to Susquehanna County). The Laurel Lake Association, Inc. Boating Committee petitioned the Commission to reconsider the current 60 hp restriction on Laurel Lake, Susquehanna County. The petitioners cited the size of the lake (22 acres), more stringent restrictions on lakes of similar size, environmental concerns regarding the use of gasoline motors on such a small lake, the lack of enforcement by the Commission of current restrictions, and interference with other uses of the lake caused by high speed operation of motorboats as valid reasons for the reconsideration. The Commission accepted the petition for further review at its July 1995 meeting and directed staff to prepare a report with recommendations for further action. After considering the use of Laurel Lake and its physical constraints, staff recommend that additional restrictions on the operation of boats on this lake may be appropriate. The Board reviewed the report and staff recommendations at its January 1996 meeting. The Board voted to recommend that the Commission consider an alternative regulation. The Commission's Boating Committee then recommended that the Commission not approve the staff and Board recommendations. The Commission therefore approved the publication of a notice of proposed rulemaking, amending this regulation to ban the operation of personal watercraft on Laurel Lake. After consideration of the public comments, the Commission approved this amendment on final rulemaking at its July 1996 meeting.

F.  Paperwork

   The amendments will not increase paperwork and will create no new paperwork requirements.

G.  Fiscal Impact

   The amendments will have no adverse fiscal impact on the Commonwealth or its political subdivisions. The amendments impose no new costs on the private sector or the general public.

H.  Public Involvement

   A notice of proposed rulemaking containing the proposed amendments was published at 26 Pa.B. 2328 (May 18, 1996). The four items attracted public comment before, during and after the public comment period.

   At a public hearing on March 19, 1996, in Erie, the Commission also took comments on proposed changes to the bass and tournament regulations. Of the 31 individuals who commented at the hearing, 14 spoke regarding the bass regulation changes. The majority of the commentators (7 out of 14) were in favor of the changes; 2 were generally in favor of an open season--no harvest, catch and release during the spring; and 5 were opposed to the amendments. At the hearing, 13 written comments also were submitted. The majority of the written comments (8 out of 13) were generally in favor of an open season for bass on Lake Erie and Presque Isle Bay; 3 favored the change; and 2 opposed. In addition, the Commission received 8 letters, 7 in favor of the proposed amendments and 1 opposed.

   Regarding the proposed change to § 111.9(e), Bucks County, Delaware River, the Commission received 16 letters, opposing the classification of this area of the river as a no wake zone. The Commission also received petitions with the signatures of 155 individuals who are opposed to the change. The Commission did not receive any comments in favor of the proposed amendment during the public comment period. However, it did receive a few inquiries about the proposal prior to the public comment period. Additional comments, including petitions, were received after the public comment period and were considered by the Commission.

   The Commission received 14 public comments relating to the proposed change to § 111.40(f). Citing safety as their primary concern, the majority of the commentators (11 out of 14) is opposed to the change. The Commission received and considered additional comments after the public comment period.

   With respect to the change to § 111.58(d), the Commission received 43 letters from individuals, all of whom are opposed to the current 60 hp restriction and would like the Commission to reconsider its prior decision. The commentators who addressed the issue, however, favored the proposed ban on the operation of personal watercraft. Additional comments were received and considered after the public comment period.

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) and the regulations promulgated thereunder 1 Pa. Code §§ 7.1 and 7.2.

   (2)  A public comment period was provided and that all comments received were considered.

   (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 Chapters 69 and 111, are amended by amending §§ 69.12, 69.13 and 111.58 to read as set forth at 26 Pa.B. 2328 (May 18, 1996).

   (b)  The Executive Director will submit this order and 26 Pa.B. 2328 to the Office of Attorney General for approval as to legality as required by law.

   (c)  The Executive Director shall certify this order and 26 Pa.B. 2328 and deposit them with the Legislative Reference Bureau as required by law.

   (d)  This order shall take effect Janaury 1, 1997.

PETER A. COLANGELO,   
Executive Director

   (Editor's Note:  The proposal to amend §§ 111.9 and 111.40, included in the proposal at 26 Pa.B. 2328, has been withdrawn by the Commission. See 26 Pa.B. 5701 (November 23, 1996) for additional amendments to §§ 69.12 and 69.13.)

   Fiscal Note:  48A-54. No fiscal impact; (8)  recommends adoption.

[Pa.B. Doc. No. 96-1963. Filed for public inspection November 22, 1996, 9:00 a.m.]


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