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PA Bulletin, Doc. No. 03-2316

PROPOSED RULEMAKING

[58 PA. CODE CH. 111]

General Provisions; Boating

[33 Pa.B. 5929]

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

A.  Effective Date

   The proposed rulemaking, if approved on final-form, will go into effect upon publication of an order in the Pennsylvania Bulletin.

B.  Contact Person

   For further information on the proposed rulemaking, 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 § 111.48 (relating to Northampton County) is published under the statutory authority of section 5124 of the code (relating to particular areas of water). A person violating this regulation commits a summary offense of the third degree for which a $50 fine is imposed.

D.  Purpose and Background

   The proposed rulemaking is designed to update, modify and improve the Commission's regulations by imposing a ''slow, minimum height swell speed'' zone on the Lehigh River in the vicinity of the Route 33 access ramp, Northampton County. The specific purpose of the proposed amendment is described in more detail under the summary of proposal. The Commission's Boating Advisory Board considered the proposed changes to § 111.48 and recommended that the Commission publish a notice of proposed rulemaking containing the proposed amendment.

E.  Summary of Proposal

   A new Route 33 access launch area in Northampton County on the Lehigh River is now open. The Commission's District Waterways Conservation Officer (Officer) reports that wakes from boat traffic could potentially cause difficulties for boaters using the ramp. There are currently three slow-no-wake buoys at the access ramp placed approximately 100 feet from the shoreline. According to the Officer, this provides only limited protection to the ramp, boaters launching and retrieving watercraft and shoreline anglers. The Officer reports that boaters passing through this area outside of the buoys still create large enough wakes to impact the shoreline with sufficient force to do damage. The Officer has suggested that an expanded ''slow, minimum height swell speed'' zone be established on the river immediately in front of the Commission's ramp.

   The Commission is proposing that this zone extend across the main channel of the Lehigh River to the shoreline of Turkey Island directly opposite the ramp. The zone is proposed to extend 150 feet upstream and 150 feet downstream from the boat ramp. The zone will have little impact on the unlimited horsepower boating in the area and should do a lot to protect boaters and anglers at the access area. Accordingly, the Commission proposes to amend this section to read as set forth in Annex A. The Commission will seek public comments regarding this proposal during an extended comment period of 60 days.

F.  Paperwork

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

G.  Fiscal Impact

   The proposed rulemaking will have no adverse fiscal impact on the Commonwealth or its political subdivisions. The proposed rulemaking 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 rulemaking to the Deputy Executive Director, Fish and Boat Commission, P. O. Box 67000, Harrisburg, PA 17106-7000 within 60 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.

DENNIS T. GUISE,   
Deputy Executive Director

   Fiscal Note:  48A-151. 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

§ 111.48.  Northampton County.

*      *      *      *      *

   (d)  Lehigh River. Boats are limited to slow, minimum height swell speed in the main channel 150 feet upstream and 150 feet downstream from the Route 33 access ramp.

[Pa.B. Doc. No. 03-2316. Filed for public inspection December 5, 2003, 9:00 a.m.]


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