RULES AND REGULATIONS
Title 58--RECREATION
FISH AND BOAT COMMISSION
[58 PA. CODE CHS. 53, 61, 63, 65, 93 AND 97]
Commission Property; Fishing and Boating
[30 Pa.B. 870] The Fish and Boat Commission (Commission) by this order amends Chapters 53, 61, 63, 65, 93 and 97. The Commission is publishing these amendments under the authority of 30 Pa.C.S. (relating to Fish and Boat Code) (code). The amendments relate to Commission property, fishing and boating.
A. Effective Date
The amendments will go into effect upon publication of this order in the Pennsylvania Bulletin.
B. Contact Person
For further information on the amendments, contact Laurie E. Shepler, Assistant Counsel, (717) 657-4546, P. O. Box 67000, Harrisburg, PA 17106-7000. This final rulemaking is available electronically through the Commission's Web site at http://www.fish.state.pa.us.
C. Statutory Authority
The amendments to § 53.8 (relating to boats) are published under the statutory authority of section 741 of the code (relating to control of property). The amendments to §§ 61.1 and 63.8 (relating to Commonwealth inland waters; and long bows, spears and gigs) are published under the statutory authority of section 2102 of the code (relating to rules and regulations). The amendments to § 65.21 (relating to waters limited to specific purposes--exclusive use fishing areas) are published under the statutory authority of section 2307 of the code (relating to waters limited to specific purposes). The amendments to § 93.5 (relating to display of registration number and validation decal) are published under the statutory authority of section 5122 of the code (relating to registration, licenses, permits, plates and statistics). The amendments to Chapter 97, Appendix A (relating to flotation devices) are published under the statutory authority of section 5123 of the code (relating to general boating regulations).
D. Purpose and Background
The amendments are designed to update, modify and improve Commission regulations relating to Commission property, fishing and boating. The specific purpose of the amendments is described in more detail under the summary of changes. The Commission's Boating Advisory Board considered those amendments relating to boating and recommended adoption by the Commission.
E. Summary of Changes
(1) Section 53.8. The Commission's property regulations require that any boat using a Commission owned lake or access area be registered and display an official registration number and current validation sticker. This regulation is appropriate when the Commonwealth is the state of principal operation. However, other states' requirements for unpowered watercraft vary regarding display of decals and numbers. In fact, many states do not require this display. This may result in visitors to this Commonwealth being unable to utilize Commission facilities.
To accommodate visitors to this Commonwealth and promote tourism in this Commonwealth, the Commission proposed adding three new sentences to subsection (h). On final rulemaking, the Commission adopted the amendments as proposed with certain stylistic changes and with a clarification that unpowered boats participating in events authorized under § 109.6 (relating to special marine events) are exempt from the requirements of subsection (h). The amendments as adopted by the Commission are set forth at Annex A.
(2) Section 61.1. A recent staff review of this regulation revealed that certain corrections were warranted. Therefore, the Commission has adopted amendments to this regulation as proposed.
(3) Section 63.8. Commission staff recently received an inquiry as to whether the use of crossbows by persons other than those with disabilities who are issued permits under § 63.8(e) is permitted. In an effort to clarify that other crossbow use is prohibited, the Commission had amended the regulation as proposed.
(4) Section 65.21. At the July 1999 Commission meeting, the Commission placed a moratorium on the designation of exclusive use areas to give Commission staff an opportunity to review the Commission's regulation in light of the Americans with Disabilities Act of 1990 (42 U.S.C.A. §§ 12101--12213) and regulations promulgated thereunder. Based upon that review, staff made recommendations to the Commission. The Commission has amended this section as proposed.
(5) Section 93.5. Federal law provides that vessels possessing a valid marine document and used for recreational purposes may be registered (but not numbered) in the state of their principal operation. To clarify the issue for owners of documented vessels used for recreational purposes when this Commonwealth is the state of principal operation, the Commission has amended this section as proposed.
(6) Appendix A to Chapter 97. A recent staff review of this appendix revealed that certain corrections were warranted. Therefore, the Commission has adopted amendments to this appendix as proposed.
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 will impose no new costs on the private sector or the general public.
H. Public Involvement
A notice of proposed rulemaking was published at 29 Pa. B. 5725 (November 6, 1999). With the exception of the amendment to § 53.8, the Commission did not receive public comments regarding the proposals. The Commission received one public comment supporting the changes to § 53.8.
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 at 1 Pa. Code §§ 7.1 and 7.2.
(2) A public comment period was provided and the 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 51, 61, 63, 65, 93 and 97 are amended by amending §§ 61.1, 63.8, 65.21 and 93.5 and Chapter 97, Appendix A to read as set forth at 29 Pa.B. 5725 and by amending § 53.8 to read as set forth in Annex A.
(b) The Executive Director will submit this order, 29 Pa.B. 5725 and Annex A to the Office of Attorney General for approval as to legality as required by law.
(c) The Executive Director shall certify this order, 29 Pa.B. 5725 and Annex A and deposit them with the Legislative Reference Bureau as required by law.
(d) This order shall take effect immediately upon publication in the Pennsylvania Bulletin.
PETER A. COLANGELO,
Executive DirectorFiscal Note: Fiscal Note 48A-102 remains valid for the final adoption of the subject regulations.
Annex A
TITLE 58. RECREATION
PART II. FISH AND BOAT COMMISSION
Subpart A. GENERAL PROVISIONS
CHAPTER 53. COMMISSION PROPERTY § 53.8. Boats.
(a) An internal combustion engine may not be used to propel a boat or to provide energy to the motor on Commission lakes. Boats propelled by battery-powered electric motors and nonmechanically propelled boats, subject to restrictions on sailboats and inflatables, may be used either with or without internal combustion engines attached. Notwithstanding this subsection, internal combustion engines may be used in the performance of official duties by persons authorized by the Commission.
(b) Occupants of sculls, shells and racing kayaks are required to carry or wear Coast Guard approved personal flotation devices.
(c) Overnight mooring of boats is permitted at designated mooring areas from April 1 to November 30. A boat utilizing mooring areas shall be registered and display the official registration number and current validation stickers described under Subpart C (relating to boating) and Part III of the code (relating to boats and boating). The mooring is at the sole risk of the owner.
(d) The Commission may refuse to permit the mooring of a boat considered unseaworthy. Boats may not be rented or offered for hire at Commission lakes except for boats owned and moored by authorized concessionaires.
(e) Boats abandoned, sunken, obviously unseaworthy or unidentifiable will be impounded. The district waterways conservation officer will notify the owner, if known, of the impoundment and require the removal of the vessel within 10 days. Impounded vessels will be sold or destroyed if not claimed by the owner within 3 months.
(f) Boats may not remain at boarding piers on Commission lakes or controlled property longer than the time necessary for loading and unloading.
(g) Inflatable boats used on Commission lakes shall be at least 7 feet in length, made of durable reinforced fabric and have at least two separate buoyancy chambers exclusive of any inflatable floor or bottom.
(h) A boat using a Commission lake or access area shall be registered and display the official registration number and current validation stickers described under Subpart C and Part II of the code.
(1) This subsection does not apply to noncommercial users to access areas on the Delaware River and West Branch of the Delaware River bounded by the State of New York.
(2) Exempt from this subsection are public service boats as defined under section 5302(a)(3) of the code (relating to exemptions from registration) and unpowered boats participating in events authorized under § 109.6 (relating to special marine events). Unpowered kayaks, sculls, sailboards and other low volume boats of similar design are exempt from displaying registration numbers, but shall display a current validation sticker.
(3) Unpowered boats with a state of principal operation other than this Commonwealth shall meet the requirements of this subsection if they are in compliance with the registration and display requirements of their state of principal operation. There is a rebuttable presumption that the state of principal operation of any boat using a Commission lake or access area is this Commonwealth. The owner or operator of a boat may overcome this presumption by providing documentary evidence to show the state of principal operation is elsewhere.
[Pa.B. Doc. No. 00-285. Filed for public inspection February 18, 2000, 9:00 a.m.]
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