PROPOSED RULEMAKING
FISH AND BOAT COMMISSION
[58 PA. CODE CHS. 103, 105, 107 AND 111]
Boating
[34 Pa.B. 4466] The Fish and Boat Commission (Commission) proposes to amend Chapters 103, 105, 107 and 111. 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 amendments relate to the definition of ''slow, no wake speed'' and eliminating the term ''slow, minimum height swell speed'' as used throughout the Commission's regulations.
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 proposal is available on the Commission's website: www.fish.state.pa.us.
C. Statutory Authority
The proposed amendments to §§ 103.2, 103.3, 103.16, 105.3 and 107.5 are published under section 5123 of the code (relating to general boating regulations). The proposed amendments to §§ 111.2--111.4, 111.6, 111.9, 111.13, 111.14, 111.17, 111.20--111.25, 111.27, 111.30, 111.31, 111.36, 111.40--111.43, 111.46, 111.49, 111.52, 111.56, 111.58, 111.59, 111.62, 111.64 and 111.66 are published under the statutory authority of section 5124 of the code (relating to particular areas of water).
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 amendments is described in more detail under the summary of proposal. The Commission's Boating Advisory Board considered the proposed changes and recommended that the Commission publish a notice of proposed rulemaking containing the proposed amendments.
E. Summary of Proposal
Historically, the Commission's regulations have used the term ''slow, minimum height swell speed,'' as opposed to the more common term ''slow, no wake speed.'' Section 103.2 (relating to definitions) defines ''slow, minimum height swell speed'' as the ''lowest engagement speed for the engine and that the wake or wash creates a minimum disturbance.'' The section also provides that ''Buoys and signs marked 'slow, no wake' shall mean operation at slow, minimum height swell speed.''
The current definition does not adequately describe what the Commission means by ''slow, no wake speed.'' There have been misunderstandings by the boating public and problems when citations by Commission officers for wake violations have been challenged in court. Staff have reviewed the definitions for ''slow, no wake speed'' in other states and by the National Park Service. Other states and the Federal government do not use the term ''slow, minimum height swell speed.''
The Commission therefore proposes that the term ''slow, minimum height swell speed'' be replaced with ''slow, no wake speed'' so the public better understands the term. In addition, the Commission proposes to amend the definition to reflect the accepted standards in other states. The Commission proposes that § 103.2 be amended to read as set forth in Annex A.
In addition, there are several references to ''slow, minimum height swell speed'' throughout the Commission's regulations. The Commission proposes that these references in §§ 103.3, 103.16, 105.3, 107.5, 111.2--111.4, 111.6, 111.9, 111.13, 111.14, 111.17, 111.20--111.25, 111.27, 111.30, 111.31, 111.36, 111.40--111.43, 111.46, 111.49, 111.52, 111.56, 111.58, 111.59, 111.62, 111.64 and 111.66 be amended to reflect the new term 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 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.
DOUGLAS J. AUSTEN, Ph.D.,
Executive DirectorFiscal Note: 48A-157. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 58. RECREATION
PART II. FISH AND BOAT COMMISSION
Subpart C. BOATING
CHAPTER 103. RULES OF THE ROAD § 103.2. Definitions.
[(a) Definitions.] The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
* * * * * [Slow, minimum height swell speed--The lowest engagement speed for the engine and that the wake or wash creates a minimum disturbance.]
Slow, no wake speed--The slowest possible speed of a motorboat required to maintain maneuverability so that the wake or wash created by the motorboat on the surface of the water is minimal.
[(b) Buoys and signs marked ''slow, no wake'' shall mean operation at slow, minimum height swell speed.]
§ 103.3. Restriction for special areas.
* * * * * (b) Boats are limited to [slow, minimum height swell] slow, no wake speed when within 100 feet of the shore line; docks; launching ramps; swimmers or downed skiers; persons wading in the water; anchored, moored or drifting boats; floats, except for ski jumps and ski landing floats; or other areas so marked. This subsection does not apply in a zoned ski area or authorized ski return areas when those areas are found within the areas described in this subection.
* * * * * § 103.16. Speed restrictions.
* * * * * (b) Specific speed restrictions. In addition to the general restriction on speed of watercraft set forth in subsection (a), the Commission may by general or special boating regulations set forth specific restrictions such as ''[slow, minimum height swell] slow, no wake speed'' restrictions. The observation of an officer authorized to enforce this part shall be evidence of violation of nonnumercial specific speed restrictions.
* * * * *
CHAPTER 105. OPERATIONAL CONDITIONS § 105.3. Unacceptable boating practices.
It is unlawful to:
(1) Operate a motorboat not equipped with railings or other safeguards at greater than a [slow, minimum height swell] slow, no wake speed while a person is riding on bow decking, gunwales, transom or motor cover. It is not a violation of this paragraph to ride on the motor cover of an inboard motorboat while underway at that speed if the motor cover is designed by the manufacturer for the operator or a passenger to ride on it.
(2) Operate a motorboat--less than 20 feet in length--at greater than [slow, minimum height swell] slow, no wake speed while a person is standing on or in the boat. It is not a violation of this paragraph if the boat is designed for the operator or a passenger, or both, to stand while underway at that speed.
* * * * * (7) Follow too close to another boat, including personal watercraft. For the purposes of this paragraph, following too close shall be construed as operating in excess of [slow, minimum height swell] slow, no wake speed within 100 feet to the rear or 50 feet to the side of another boat that is underway, unless the boats are operating in a narrow channel, in which case the boats may operate at the speed and flow of other boat traffic.
* * * * *
CHAPTER 107. BOATING RESTRICTIONS § 107.5. Streams less than 200 feet across.
(a) A boat may not exceed [slow, minimum height swell] slow, no wake speed on an area of a stream that measures less than 200 feet across except where special regulations have been promulgated by the Commission that provide for zoned areas where higher speeds are permitted under controlled conditions.
* * * * *
CHAPTER 111. SPECIAL REGULATIONS COUNTIES § 111.2. Allegheny County.
(a) Allegheny River. The following special regulations apply to the Allegheny River:
(1) Boats are limited to [slow, minimum height swell] slow, no wake speed from Miles 12.8 to Lock and Dam Number 2 at Mile 14.5 in the back channel of Twelve and Fourteen Mile Islands.
(2) The area behind Nine Mile Island, Mile 10.0 to Mile 10.4 is a designated ski zone. Boats not actively engaged in towing water skiers are limited to [slow, minimum height swell] slow, no wake speed.
* * * * * (c) Allegheny, Monongahela and Ohio Rivers (City of Pittsburgh). Boats are limited to [slow, minimum height swell] slow, no wake speed from the Fort Pitt Bridge over the Monongahela River and the Fort Wayne (Norfolk Southern) Bridge over the Allegheny River to the West End Bridge over the Ohio River. This zone shall be in effect on weekends from May 1 to October 1 from 3 p.m. Friday until midnight Sunday and from 3 p.m. on the day preceding Memorial Day, July 4 and Labor Day until midnight of the holiday.
(d) Youghiogheny River. Boats are limited to [slow, minimum height swell] slow, no wake speed from the mouth of the Youghiogheny River to the McKeesport Access Area, a distance of about 200 yards.
§ 111.3. Armstrong County.
(a) Crooked Creek Lake.
* * * * * (4) Boats are limited to [slow, minimum height swell] slow, no wake speed in the following areas:
* * * * * § 111.4. Beaver County.
(a) Beaver River. Boats are limited to [slow, minimum height swell] slow, no wake speed from the mouth of the Beaver River (Mile 0.0) to a point 2 miles upstream (Mile 2.3).
(b) Connoquenessing Creek Dam.
* * * * * (2) The speed of boats is restricted to [slow, minimum height swell] slow, no wake speed upstream from a marked point 8/10 of a mile above the Route 65 bridge.
* * * * * § 111.6. Berks County.
(a) Blue Marsh Lake. The following special regulations apply to Blue Marsh Lake:
* * * * * (2) Boats are limited to a [slow, minimum height swell] slow, no wake speed in the two arms of the lake formed by Spring Creek and Tulpehocken Creek.
* * * * * § 111.9. Bucks County.
* * * * * (b) Neshaminy Creek. Boats are limited to [slow, minimum height swell] slow, no wake speed from the mouth of Neshaminy Creek to a point approximately 200 yards upstream from the Route 13 Bridge, a distance of approximately 1.5 miles.
* * * * * (d) Delaware River.
(1) Boats are limited to [slow minimum height swell] slow, no wake speed in the following areas:
* * * * * (2) Boats are limited to [slow minimum height swell] slow, no wake speed while passing through the following bridge spans:
* * * * * § 111.13. Carbon County.
(a) Beltzville Lake--Beltzville State Park. The following regulations apply to Beltzville Lake:
(1) Boats are limited to [slow, minimum height swell] slow, no wake speed at Pine Run, Wild Creek and Pohopoco Creek Bays.
* * * * * § 111.14. Centre County.
* * * * * (d) Foster Joseph Sayers Lake--Bald Eagle State Park.
(1) Boats are limited to [slow, minimum height swell] slow, no wake speed in the following areas:
* * * * * § 111.17. Clearfield County.
* * * * * (b) Treasure Lake.
(1) Boats are limited to [slow, minimum height swell] slow, no wake speed from the established buoy line at the following areas:
* * * * * § 111.20. Crawford County.
* * * * * (f) Woodcock Creek Lake.
* * * * * (3) Boats are limited to [slow, minimum height swell] slow, no wake speed in a zone defined by the area east of the L. R. 20063 Causeway.
* * * * * § 111.21. Cumberland County.
* * * * * (c) Power Company Dam (Cove Hill) Conodoguinet Creek.
* * * * * (5) Boats are limited to [slow, minimum height swell] slow, no wake speed in the channel behind the island from the breast of the dam to the inlet.
§ 111.22. Dauphin County.
Susquehanna River, Lake Frederick. Boats are limited to [slow, minimum height swell] slow, no wake speed between Bashore Island and the York County shoreline.
§ 111.23. Delaware County.
(a) Delaware River. Boats are limited to [slow, minimum height swell] slow, no wake speed between Tinicum Island and the Pennsylvania shoreline.
(b) Tinicum Lagoons. Boats are limited to [slow, minimum height swell] slow, no wake speed.
§ 111.24. Elk County.
East Branch Clarion River Lake--Elk State Park.
* * * * * (2) Boats are limited to [slow, minimum height swell] slow, no wake speed in the following areas:
* * * * * § 111.25. Erie County.
(a) Lake Erie and Presque Isle Bay.
(1) Boats are limited to [slow, minimum height swell] slow, no wake speed in the following areas:
* * * * * (b) Lake Leboeuf. It is unlawful to operate a boat in excess of [slow, minimum height swell] slow, no wake speed.
* * * * * § 111.27. Forest County.
Tionesta Lake.
* * * * * (2) Boats are limited to [slow minimum height swell] slow, no wake speed upstream from the confluence of Little Piney Run.
§ 111.30. Greene County.
* * * * * (b) Ten Mile Creek. It is unlawful to operate a boat in excess of [slow, minimum height swell] slow, no wake speed.
§ 111.31. Huntingdon County.
(a) Lake Raystown.
(1) Boats are limited to [slow, minimum height swell] slow, no wake speed in the following areas:
* * * * * § 111.36. Lancaster County.
(a) Lake Aldred--Susquehanna River. Boats are limited to [slow, minimum height swell] slow, no wake speed from the York County shoreline to the northern point of Urey Islands to the southern tip of Blair Island, and back to the York County shoreline. The area is about 1 mile in length.
* * * * * (c) Susquehanna River. Boats are limited to [slow, minimum height swell] slow, no wake speed for both of the following:
* * * * * § 111.40. Luzerne County.
* * * * * (c) Lily Lake.
* * * * * (2) Boats are limited to [slow, minimum height swell] slow, no wake speed except those operating within the buoyed high speed operating zone, between noon and sunset between the Saturday preceding Memorial Day and September 30.
* * * * * (f) Harveys Lake. The speed of boats is limited to [slow, minimum height swell] slow, no wake speed between sunset and sunrise.
§ 111.41. Lycoming County.
* * * * * (c) Susquehanna River. Boats are limited to [slow, minimum height swell] slow, no wake speed between Swimmers Island and the south shore of the Susquehanna River.
* * * * * § 111.42. McKean County.
Allegheny River Reservoir (Kinzua Dam).
* * * * * (2) Boats are limited to [slow, minimum height swell] slow, no wake speed in the following areas:
* * * * * § 111.43. Mercer County.
Shenango River Lake.
* * * * * (4) Boats are limited to [slow, minimum height swell] slow, no wake speed in the following areas:
* * * * * § 111.46. Montgomery County.
Schuylkill River. Boats are limited to [slow, minimum height swell] slow, no wake speed between Barbadoes Island and the Norristown shore from the Barbadoes Island Bridge downriver to the Norristown Dam.
§ 111.49. Northumberland County.
Susquehanna River. Boats are limited to [slow, minimum height swell] slow, no wake speed from the vicinity of the Shikellamy State Park boat launch on the south side of Packard's Island upriver a distance of 1/3 mile.
§ 111.52. Pike County.
* * * * * (c) Lake Wallenpaupack.
* * * * * (4) Boats are limited to [slow, minimum height swell] slow, no wake speed in the following areas:
* * * * * (i) Fairview Lake. Boats are limited to [slow, minimum height swell] slow, no wake speed from the Commission boat launch to the head of the cove.
* * * * * § 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] slow, no wake speed within the following areas:
* * * * * § 111.58. Susquehanna County.
* * * * * (d) Laurel Lake.
* * * * * (3) Restrictions on operation of boats powered by internal combustion motors. Operation of boats powered by internal combustion motors is subject to the following restrictions:
* * * * * (ii) Upper Lake. Boat speed is limited to [slow, minimum height swell] slow, no wake speed except that, during the period from noon until 6 p.m., no more than two boats powered by internal combustion motors may, at any one time, operate at speeds greater than [slow, minimum height swell] slow, no wake speed in the marked boat operating zone. Boats operating in the marked zone shall circle in a counter-clockwise direction and shall be subject to the restrictions in this subsection and the code and this subpart. It is unlawful to waterski or to operate a boat at greater than [slow, minimum height swell] slow, no wake speed at any location on the upper lake from 6 p.m. until noon of the following day.
(iii) Lower Lake. It is unlawful to water ski or to operate a boat at greater than [slow, minimum height swell] slow, no wake speed at any time at any location on the lower lake.
* * * * * (4) Restrictions on competing uses of marked boat operating zone. Boats powered by internal combustion motors operating at authorized speeds greater than [slow, minimum height swell] slow, no wake speed in the marked boat operating zone shall have priority during the time periods when the operation is authorized under paragraph (3)(ii). It is unlawful to operate or stop a boat in the marked boat operating zone in a manner that interferes with authorized operation of internal combustion powered motorboats in the zone.
* * * * * § 111.59. Tioga County.
* * * * * (b) Cowanesque Lake. Boats are limited to [slow, minimum height swell] slow, no wake speed in the following areas:
* * * * * (c) Hammond Lake. Boats are limited to [slow, minimum height swell] slow, no wake speed from a buoy line across the lake in the vicinity of Ives Run to the extreme backwaters of the lake.
* * * * * (f) Tioga Lake. Boats are limited to [slow minimum height swell] slow, no wake speed in the following areas:
* * * * * § 111.62. Warren County.
(a) Allegheny River Reservoir. (Kinzua Dam).
* * * * * (2) Boats are limited to [slow, minimum height swell] slow, no wake speed in the following areas:
* * * * * § 111.64. Wayne County.
* * * * * (b) Duck Harbor Pond.
* * * * * (2) The speed of boats is limited to [slow, minimum height swell] slow, no wake speed between the hours of 6 p.m. and 10 a.m.
(c) Long Pond.
* * * * * (3) The speed of boats is limited to [slow, minimum height swell] slow, no wake speed from sunset until sunrise.
* * * * * § 111.66. Wyoming County.
* * * * * (b) Lake Winola.
* * * * * (2) The speed of boats is limited to [slow, minimum height swell] slow, no wake speed from sunset to sunrise, 7 days a week, year-round, and from sunrise to 11 a.m. on Sundays from the day before Memorial Day until Labor Day.
* * * * *
[Pa.B. Doc. No. 04-1493. Filed for public inspection August 13, 2004, 9:00 a.m.]
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