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PA Bulletin, Doc. No. 02-2056

RULES AND REGULATIONS

FISH AND BOAT COMMISSION

[58 PA. CODE CH. 111]

Boating; Pike County

[32 Pa.B. 5662]

   The Fish and Boat Commission (Commission) by this orders amends Chapter 111 (relating to special regulations counties). The Commission is publishing this amendment under the authority of 30 Pa.C.S. (relating to the Fish and Boat Code) (code).

A.  Effective Date

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

B.  Contact Person

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

C.  Statutory Authority

   The 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

   This final-form rulemaking is designed to update, modify and improve the Commission's regulations pertaining to boating. The specific purpose of this final-form rulemaking is described in more detail under the summary of changes.

E.  Summary of Changes

   Under § 111.52(c)(5), floating docks and mooring buoys shall be removed from Lake Wallenpaupack, Pike County, prior to December 1 of the year. Commission staff believe that the Commission adopted this regulation in the early 1970s at the request of PP&L, which wanted to make the lake safer for snowmobiles. From a boating safety perspective, the regulation did 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 the lake. 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 removed it, as proposed.

F.  Paperwork

   This final-form rulemaking will not increase paperwork and will create no new paperwork requirements.

G.  Fiscal Impact

   This final-form rulemaking will have no adverse fiscal impact on the Commonwealth or its political subdivisions. This final-form rulemaking will impose no new costs on the private sector or the general public.

H.  Public Involvement

   A notice of proposed rulemaking was published at 32 Pa.B. 3492 (July 20, 2002). The Commission did not receive any public comments regarding the 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) and the regulations promulgated thereunder, 1 Pa. Code §§ 7.1 and 7.2.

   (2)  A public comment period was provided, and no comments were received.

   (3)  The adoption of the final-form rulemaking by 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 Chapter 111, are amended by amending § 111.52 to read as set forth in 32 Pa.B. 3492.

   (b)  The Executive Director will submit this order and 32 Pa.B. 3492 to the Office of Attorney General for approval as to legality as required by law.

   (c)  The Executive Director shall certify this order and 32 Pa.B. 3492 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 Director

   Fiscal Note:  Fiscal Note 48A-130 remains valid for the final adoption of the subject regulation.

[Pa.B. Doc. No. 02-2056. Filed for public inspection November 15, 2002, 9:00 a.m.]


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