PROPOSED RULEMAKING
FISH AND BOAT COMMISSION
[58 PA. CODE CH. 53]
Permits for Unpowered Boats Using Commission Lakes and Access Areas
[31 Pa.B. 1461] The Fish and Boat Commission (Commission) proposes to amend Chapter 53 (relating to Commission property). The Commission is publishing these amendments as a notice of proposed rulemaking under the authority of 30 Pa.C.S. (relating to the Fish and Boat Code) (code). The proposed amendments relate to permits for unpowered boats using Commission lakes and access areas.
A. Effective Date
The proposed amendment to § 53.8 (relating to boats), if approved on final rulemaking, will go into effect upon publication of an order adopting the amendments in the Pennsylvania Bulletin. The proposed regulation set forth in § 53.27 (relating to use permits for unpowered boats), if approved on final rulemaking, will go into effect on December 1, 2001.
B. Contact Person
For further information on the proposed amendments, contact Laurie E. Shepler, Assistant Counsel, (717) 705-7815, P. O. Box 67000, Harrisburg, PA 17106-7000. This proposal is available electronically through the Commission's website (http://www.fish.state.pa.us).
C. Statutory Authority
The proposed amendments are published under the statutory authority of section 742(e) of the code (relating to use of property, use of Commission lakes and access areas by unpowered boats).
D. Purpose and Background
The proposed amendments are designed to update, modify and improve the Commission's regulations pertaining to unpowered boats using Commission lakes and access areas. The specific purpose of the proposed amendments is described in more detail under the summary of proposal.
E. Summary of Proposal
On December 20, 2000, Governor Ridge signed Senate Bill 1117 into law as Act 115 of 2000, effective immediately. Act 115 of 2000 amends the code by adding section 742(e). The amendment provides that the Commission shall, by regulations adopted within 1 year after the effective date of the section, provide for issuance of use permits, valid for 1 or 2 years, for unpowered boats that are not registered in accordance with law, to use Commission property. The amendment also provides that on and after the effective date of the regulations promulgated by the Commission, the owner of an unpowered boat that uses Commission property shall have the option of registering the boat or purchasing a use permit. The amendment further provides that the Commission shall establish fees for use permits and that these fees may not exceed the fees charged by the Department of Conservation and Natural Resources (DCNR) for boat launch permits for State parks lakes. Last, the amendment provides that the Commission shall, in cooperation with the DCNR, provide for reciprocal or joint use/launch permits for unpowered boats to use both Commission and State parks lakes and access areas.
This amendment addresses an issue that has been of some concern to unpowered boat owners for several years. It allows the Commission to issue use permits for boats that use Commission property in lieu of registration. To move forward with timely implementation of this new law, the Commission proposes regulatory amendments that address the following:
(1) Extending reciprocity with the DCNR launch permits. The DCNR already extends reciprocity to unpowered boats registered by the Commission. It is expected that the DCNR will amend its regulations to extend this reciprocity to Commission use permits. Since the DCNR already recognizes the Commission's registrations, it should be unnecessary to condition the effective date of this reciprocity on changes to the DCNR regulations.
(2) Eliminating the exception for out-of-state boats. The Commission changed its regulations, effective February 19, 2000, to provide that out-of-State unpowered boats are in compliance with the Commission's requirements if they comply with the registration requirements of their state of principal use. This change had the effect of exempting most out-of-State unpowered boats from having to register their boats to use Commission property. It was designed to deal with the anomaly whereby out-of-State boats could not use our access areas unless they were registered. It would not have been appropriate to require a boat to register in this Commonwealth since the Commonwealth was not the state of principal use. With the new Commission use permit and reciprocity with DCNR launch permits, owners of out-of-State boats that want to use Commission lakes and access areas have several options and do not have to register their boats. Accordingly, the exception for out-of-State boats is no longer required.
(3) New use permits. The fees for the use permit are set at the same level as that for the DCNR resident launch permits: currently, $10 per year; $18 for 2 years. As proposed, a 1-year permit expires at the end of the calendar year for which it was issued, and a 2-year permit expires at the end of the calendar year following the year for which it was issued. Although it is conceivable that the Commission could issue permits valid for 12 or 24 months from the date of issuance, such a process involves somewhat more administrative complications. As proposed, the regulation permits the Executive Director to adjust the fees whenever the DCNR does so. The new permits are designed to be easy to issue. The information required for issuance of a use permit is considerably less than required for registration of a boat.
The Commission proposes to amend § 53.8 and add § 53.27 to read as set forth in Annex A.
F. Paperwork
The proposed amendments will increase paperwork and create new paperwork requirements because individuals who wish to purchase a use permit for their unpowered boats will have to complete a brief application form. However, the information that they will be required to provide is less than that which is required to register a boat.
G. Fiscal Impact
The proposed amendments will not have an adverse fiscal impact on the Commonwealth or its political subdivisions. It is anticipated that the Commission and its agents will issue approximately 5,000 use permits during the first year of implementation and that these revenues will offset any program costs. The proposed amendments will impose new costs on those members of the general public who wish to use their unpowered boats on Commission lakes and access areas and who wish to purchase a use permit as opposed to registering their unpowered boats. Although the proposed amendments impose a fee for this new permit ($10 for 1 year and $18 for 2 years), this charge should be viewed in light of the current biennial registration fee of $10 for unpowered boats. The proposed amendments will impose no new costs on the private sector.
H. Public Comments
Interested persons are invited to submit written comments, objections or suggestions about the proposed amendments 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 at ''ra-pfbcregs@state.pa.us.'' A subject heading of the proposal and a return name and address must be included in each transmission. In addition, all electronic comments must be contained in the text of the transmission, not in an attachment. If an acknowledgment of electronic comments is not received by the sender within 2 working days, the comments should be retransmitted to ensure receipt.
PETER A. COLANGELO,
Executive DirectorFiscal Note: 48A-116. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 58. RECREATION
PART II. FISH AND BOAT COMMISSION
Subpart A. GENERAL PROVISIONS
CHAPTER 53. COMMISSION PROPERTY § 53.8. Boats.
* * * * * (h) [A boat] The following apply to boats 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) An unpowered boat using a Commission lake or access area shall comply with one of the following conditions:
(i) 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).
(ii) Display an official and valid use permit issued by the Commission under § 53.27 (relating to use permits for unpowered boats).
(iii) Display an official and valid watercraft launch or mooring permit issued by the Department of Conservation and Natural Resources for use of launch or mooring facilities at the Commonwealth's State parks and forests.
(2) This subsection does not apply to [noncommercial]:
(i) Noncommercial users of 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]
(ii) Public service boats as defined under section 5302(a)(3) of the code (relating to exemptions from registration). [and unpowered]
(iii) Unpowered boats participating in events authorized under § 109.6 (relating to special marine events). [Unpowered]
(3) Registered 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.]
§ 53.27. Use permits for unpowered boats.
(a) The Commission and issuing agents designated by the Commission will issue use permits for unpowered boats when their owners choose not to register them to use Commission lakes and access areas.
(b) Use permits will be issued in the form of decals, showing the expiration date. Decals shall be displayed above the waterline on both sides of the bow of the boat for which the permit is issued.
(c) An applicant for a use permit shall provide the following information:
(1) The name, address and telephone number of the applicant.
(2) The name and address of the owner of the boat (if different from the name and address of applicant).
(3) A description of the boat (make, model, year).
(4) The Hull Identification Number (HIN) of the boat (if readily available).
(d) A use permit is issued for a specific boat. It is unlawful to transfer a use permit issued for a specific boat to another boat. A use permit remains effective for the boat for which it is issued even if ownership of the boat is changed during the term of the permit.
(e) Use permits shall be valid for 1 or 2 years. The expiration date of a 1-year use permit shall be December 31 of the year for which it is issued. The expiration date of a 2-year use permit shall be December 31 of the second year for which it was issued.
(f) The initial fees for the use permits shall be $10 for a 1-year permit and $18 for a 2-year permit. The Executive Director may, by notice published in the Pennsylvania Bulletin, adjust these fees so that they remain the same as the resident price for 1-year and 2-year boat launching permits as established in the schedule of fees published, and from time-to-time revised, by the Department of Conservation and Natural Resources for State parks and forests. Whenever a use permit authorized by this section is issued by an issuing agent other than the Commission or the Department of Conservation and Natural Resources, the issuing agent may charge an issuing agent fee not to exceed $1 per transaction for issuing the permit.
[Pa.B. Doc. No. 01-444. Filed for public inspection March 16, 2001, 9:00 a.m.]
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