PROPOSED RULEMAKING
[58 PA. CODE CH. 111]
Boating; Special Regulations Counties
[34 Pa.B. 4152] 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). The proposed rulemaking relates to the creation of a slow, no wake zone on the Ohio River, Allegheny County, in the back channel of Neville Island from the Coraopolis Bridge upstream to the Interstate 79 bridge from May 1 through October 1 and the elimination of the slow, no wake zone in the Horseshoe Curve part of the Youghiogheny River Lake, Somerset County.
A. Effective Date
The proposed rulemaking, if approved on final-form, will go into effect on January 1, 2005.
B. Contact Person
For further information on the proposed rulemaking, contact Laurie E. Shepler, Esq., P. O. Box 67000, Harrisburg, PA 17106-7000, (717) 705-7815. This proposed rulemaking is available on the Commission's website: www. fish.state.pa.us.
C. Statutory Authority
The proposed amendments to §§ 111.2 and 111.56 (relating to Allegheny County; and Somerset County) are published under the statutory authority of section 5124 of the code (relating to particular areas of water). A person violating the regulations contained in Chapter 111 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 boating regulations. The specific purpose of the proposed rulemaking is described in more detail under the summary of proposal. The Commission's Boating Advisory Board considered the proposed amendments to §§ 111.2 and 111.56 and recommended that the Commission publish a notice of proposed rulemaking containing the proposed amendments.
E. Summary of Proposal
(1) Section 111.2. In September 2003, Commission staff received a letter and petition to designate a slow, no wake zone, approximately 9/10 mile long in the back channel of the Ohio River at Neville Island on the Ohio River at Coraopolis.
There are four marinas and a restaurant in the section being requested as slow, no wake. Two of the marinas are fairly new and have approximately 80 boats moored. The back channel is rather narrow with several shoals. The area dead-ends at the Emsworth Dam. The letter states that wakes from careless boaters caused more than $1,000 damage to one docked vessel during the 2003 boating season. Other undocumented reports also have been received. Regional law enforcement personnel report an increase in boat traffic in this area resulting in increased complaints, and they recommend that the area be restricted. Commission staff last reviewed this matter in 1992. At that time, sufficient justification did not exist to restrict this area. However, there has been an increase in the number of marinas and the addition of a popular restaurant. The Commission, accordingly, proposes to amend § 111.2 to read as set forth in Annex A.
(2) Section 111.56. The United States Army Corps of Engineers (Corps), Pittsburgh District, has requested that a provision of § 111.56(b)(1) be removed. Corps staff at Youghiogheny Lake state that the regulation is not necessary because the usage in the Horseshoe Curve part of the lake, even during peak usage periods, does not warrant the retention of a slow, no wake zone. In addition, subsection (b) combines personal flotation device requirements in the same subsection as the slow, no wake areas. Separating these subjects into different paragraphs increases the clarity of the regulation. The Commission proposes to amend § 111.56(b) to read as set forth in Annex A.
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 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 to rapfbcregs@ state.pa.us. A subject heading of the proposal and a return name and address must be included in each transmission. In addition, 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.
DOUGLAS J. AUSTEN, Ph.D.,
Executive DirectorFiscal Note: 48A-158. 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 § 111.2. Allegheny County.
* * * * * (e) Ohio River. Boats are limited to slow, no wake speed in the back channel of Neville Island from the Coraopolis Bridge upstream to the Interstate 79 bridge from May 1 through October 1.
§ 111.56. Somerset County.
* * * * * (b) Youghiogheny River Lake. [Persons shall wear a Coast Guard approved personal flotation device at all times when on board boats less than 16 feet in length or any canoe or kayak. Boats are limited to slow, minimum height swell speed within the following areas:
(1) Wilkins Hollow Cove/Horseshoe Curve. Starting at a point at the west bank approaching Wilkins Hollow Cove, within a line which follows the curve about 600--800 feet off the shore to a point about 1,000 feet east of the point where the shoreline turns abruptly northward.]
(1) Persons shall wear a Coast Guard approved personal flotation device at all times when on board boats less than 16 feet in length or any canoe or kayak.
(2) Boats are limited to slow, no wake speed within the following areas:
(i) Wilkins Hollow Cove.
[(2)] (ii) * * *
[(3)] (iii) * * *
[(4)] (iv) * * *
[(5)] (v) * * *
[(6)] (vi) * * *
[(7)] (vii) * * *
[(8)] (viii) * * *
[Pa.B. Doc. No. 04-1442. Filed for public inspection August 6, 2004, 9:00 a.m.]
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