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PA Bulletin, Doc. No. 02-1251

PROPOSED RULEMAKING

[58 PA. CODE CH. 111]

Boating; Pike County

[32 Pa.B. 3492]

   The Fish and Boat Commission (Commission) proposes to amend Chapter 111 (relating to special regulations counties). The Commission is publishing this amendment as a notice of proposed rulemaking under the authority of 30 Pa.C.S. (relating to the Fish and Boat Code) (code).

A.  Effective Date

   The proposed amendment will go into effect upon publication of an order adopting the amendment in the Pennsylvania Bulletin.

B.  Contact Person

   For further information on the proposed amendment, contact Laurie E. Shepler, Assistant Counsel, P. O. Box 67000, Harrisburg, PA 17106-7000, (717) 705-7815. This proposal is available electronically through the Commission's website (http://www.fish.state.pa.us).

C.  Statutory Authority

   The proposed amendment to § 111.52 (relating to Pike County) is published under the statutory authority of section 5124 of the code (relating to particular areas of water).

D.  Purpose and Background

   The proposed amendment is designed to update, modify and improve the Commission's regulations pertaining to boating.

E.  Summary of Proposal

   Under § 111.52(c)(5), floating docks and mooring buoys shall be removed from Lake Wallenpaupack, Pike County, prior to December 1 of each year. Commission staff believe that the Commission adopted this regulation in the early 1970s at the request of PP&L, which wanted to make Lake Wallenpaupack safer for snowmobiles. From a boating safety perspective, the regulation does not serve any purpose. In addition, the Department of Environmental Protection, Bureau of Watershed Management, has prepared a draft general permit specific to Lake Wallenpaupack for docks, access paths and ramps, boat launching ramps and shoreline stabilization and protection projects at Lake Wallenpaupack. One of the permit conditions will be that floating docks must be removed from the water by December 1 of each year. Therefore, the special boating regulation is no longer necessary, and the Commission proposes removing it.

F.  Paperwork

   The proposed amendment will not increase paperwork and will create no new paperwork requirements.

G.  Fiscal Impact

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

H.  Public Comments

   Interested persons are invited to submit written comments, objections or suggestions about the proposed amendment 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 to 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 Director

   Fiscal Note:  48A-130. No fiscal impact; (8) recommends adoption.

Annex A

TITLE 58.  RECREATION

PART II.  FISH AND BOAT COMMISSION

Subpart C.  BOATING

CHAPTER 111.  SPECIAL REGULATIONS COUNTIES

§ 111.52.  Pike County.

*      *      *      *      *

   (c)  Lake Wallenpaupack.

*      *      *      *      *

   (5)  [Floating docks and mooring buoys shall be removed from the lake prior to December 1 of the year.

   (6)]  Boats are limited to 45 miles per hour from sunrise to sunset on weekends and holidays from the Saturday before Memorial Day to Labor Day.

   [(7)]  (6) * * *

[Pa.B. Doc. No. 02-1251. Filed for public inspection July 19, 2002, 9:00 a.m.]


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