PROPOSED RULEMAKING
[ 58 PA. CODE CHS. 53, 95 AND 111 ]
General Provisions and Boating
[40 Pa.B. 7239]
[Saturday, December 18, 2010]The Fish and Boat Commission (Commission) proposes to amend Chapters 53, 95 and 111 (relating to Commission property; manufacturer installed equipment; and special regulations counties) to read as set forth in Annex A. 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 modify and update the Commission's boating regulations.
A. Effective Date
The proposed rulemaking, if approved on final-form rulemaking, will go into effect upon publication in the Pennsylvania Bulletin.
B. Contact Person
For further information on the proposed rulemaking, contact Wayne Melnick, Esq., P. O. Box 67000, Harrisburg, PA 17106-7000, (717) 705-7810. This proposed rulemaking is available on the Commission's web site at www.fish.state.pa.us.
C. Statutory Authority
The proposed amendment to § 53.16 (relating to special use) is published under the statutory authority of section 741 of the code (relating to control of property). The proposed amendment to § 95.3 (relating to lights for boats) is published under the statutory authority of section 5123 of the code (relating to general boating regulations). The proposed addition of § 111.16 (relating to Clarion County) and the proposed amendment to § 111.20 (relating to Crawford County) 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 improve, enhance and update the Commission's administrative and boating regulations. The specific purpose of the proposed amendments is described in more detail under the summary of proposal. On June 15, 2010, the Commission's Boating Advisory Board considered each of the proposals and recommended that the Commission approve the publication of a notice of proposed rulemaking containing the amendments.
E. Summary of Proposal
(1) Section 53.16 currently restricts the number of watercraft that may be launched or retrieved by livery operators at a Commission access to eight watercraft or less in a 1-hour period except with the advance written approval of the Commission's Executive Director. Livery operators typically introduce new boaters to recreational boating and routinely provide new and existing boaters with safety instruction. The Commission therefore proposes that this section be amended to allow less restrictive use of its accesses by livery operators and their customers. The Commission does not anticipate that user conflicts will result from this change. The Commission therefore proposes that § 53.16 be amended to read as set forth in Annex A.
(2) Section 95.3 currently provides boaters with detailed information on the requirements for types, configurations and locations of navigation lights on boats. Section 95.3(a) states, in part, that ''A boat from sunset to sunrise and during periods of restricted visibility shall carry and exhibit the lights prescribed by the Inland Navigation Rules. . . .'' Inland Navigation Rule 20, Part C—Lights and Shapes states that ''The rules concerning lights shall be complied with from sunset to sunrise, and during such times no other lights shall be exhibited, except such lights as cannot be mistaken for the lights specified in these Rules do not impair their visibility or distinctive character, or interfere with the keeping of a proper look-out.''
Many boaters assume that docking lights may be used while a vessel is underway (when lights are required). Since docking lights can easily be mistaken for stern lights or all-round white lights, docking lights may not be displayed while a vessel is underway. However, it is clear that there is a need for boaters to use docking lights to safely approach a dock, a mooring buoy or even the shoreline. The Commission proposes that the existing section be modified to clarify when it is illegal to use docking lights. The Commission proposes that § 95.3 be amended to read as set forth in Annex A.
(3) The Commission proposes creating a slow, no-wake zone for just over 2 miles at the very uppermost limit to power boating and skiing activities created by the Piney Dam on the Clarion River. The Commission received input from anglers that boats have been traveling at high speeds through the indicated section of the Clarion River causing problems with angling on this narrow section. Parts of the Clarion River in this stretch are less than 200 feet across and, therefore, in essence, are already slow, no-wake. The Commission's Northwest Region Manager reports that the proposed area is upstream of the very uppermost limit to where unlimited horse power boating is appropriate. Proposed § 111.16 makes it clear to the boating public that this section is in fact slow, no-wake and makes enforcement of the restriction feasible by Commission law enforcement personnel. The Commission proposes that § 111.16 be added to read as set forth in Annex A.
(4) Section 111.20 currently prohibits the anchoring of boats in the area along the western shoreline of Conneaut Lake commonly referred to as the ''sand bar'' and further provides that the no anchor zone will extend along the shoreline to a line of buoys approximately 75 feet out from the end of the steel cribs at either end of the zone. Over the years there have been changes to the shoreline on Conneaut Lake. Waterways conservation officers are concerned about enforcing the existing regulation because the contours of the shoreline vary in the designated area and the end parameters (steel cribs) referred to in the regulation are no longer visible or present. The Commission proposes that § 111.20 be amended to read as set forth in Annex A.
F. Paperwork
The proposed rulemaking will not increase paperwork and will not create new paperwork requirements.
G. Fiscal Impact
The proposed rulemaking will not have adverse fiscal impact on the Commonwealth or its political subdivisions. The proposed rulemaking will not impose 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 proposed rulemaking in the Pennsylvania Bulletin. Comments submitted by facsimile will not be accepted.
Comments also may be submitted electronically by com- pleting the form at www.fishandboat.com/regcomments. If an acknowledgment of electronic comments is not received by the sender within 2 working days, the comments should be retransmitted to ensure receipt. Electronic comments submitted in any other manner will not be accepted.
JOHN A. ARWAY,
Executive DirectorFiscal Note: 48A-222. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 58. RECREATION
PART II. FISH AND BOAT COMMISSION
Subpart A. GENERAL PROVISIONS
CHAPTER 53. COMMISSION PROPERTY § 53.16. Special use.
* * * * * (d) Commission-owned and -controlled access areas are for the use of the fishing and boating public and may not be converted to a commercial use that impairs free public use of the areas. [The Commission finds that the commercial practice of renting or loaning large numbers of watercraft, including boats, canoes, kayaks and other devices, for launching and retrieval at Commission access areas does impair general free public use of the public facilities. It is unlawful for a commercial enterprise to use Commission-owned or -controlled access areas for the launch or retrieval of more than eight watercraft rented, loaned or supplied from one source within a 1 hour period except with the advance written approval of the Executive Director. The commercial enterprise that rents, loans or otherwise provides watercraft for launch or retrieval at Commission-owned or -controlled access areas shall be responsible to ensure that the watercraft are not used in violation of this subsection. This subsection does not apply to persons who operate an authorized concession at Commission-owned or -controlled access areas. As used in this subsection, the term ''commercial enterprise'' means a business that rents or loans watercraft for consideration.] Limited commercial use relating to fishing and boating that does not interfere with free public use of the access will be permitted subject to the following conditions:
(1) Boats launched or retrieved from Commission-owned and -controlled access areas must be currently registered or display current launch permit decals.
(2) The commercial enterprise may not interfere in any way with the free public use of the ramp, parking or other facilities at the access area.
(i) For Commission-owned and -controlled access areas with eight parking spaces or less, no more than one of the available parking spaces may be used by the commercial enterprise.
(ii) For Commission-owned and -controlled access areas with nine to 20 parking spaces, no more than three of the available parking spaces may be used by the commercial enterprise.
(iii) For Commission-owned and -controlled access areas of 21 parking spaces or more, no more than five of the available parking spaces may be used by the commercial enterprise.
(iv) Pretrip instructions provided by the commercial enterprise to its customers shall be conducted in an area at the access area away from the launch ramp so as to not interfere with other parties launching boats.
(3) The commercial enterprise shall yield at all times to other public users of the boat ramp when launching or retrieving boats.
(4) The use of a Commission-owned and -controlled access area shall be based on the facility in its current condition. The Commission will not add amenities or make improvements at the access based on increased commercial use of the access.
(5) This subsection does not apply to persons who operate an authorized concession at Commission-owned or -controlled access areas.
(6) This subsection does not apply to accesses on the upper Delaware River where Commercial Use Authorization Provisions for Guides are in force by the National Park Service.
(7) As used in this subsection, the term ''commercial enterprise'' means a business that rents or loans boats for consideration.
Subpart C. BOATING
CHAPTER 95. MANUFACTURER INSTALLED EQUIPMENT § 95.3. Lights for boats.
* * * * * (g) Docking lights. It is unlawful for a boat operator to use docking lights while underway except when docking and the boat is traveling at slow, no wake speed and is within 100 feet of approaching a dock, a mooring buoy or the shoreline. For purposes of this subsection, a docking light is a flood or spotlight type of light permanently installed or permanently mounted on a motorboat that is used to illuminate a boat's forward course of travel.
CHAPTER 111. SPECIAL REGULATIONS COUNTIES § 111.16. Clarion County.
Clarion River. Boats are limited to slow, no-wake speed from the mouth of McGourvey Run to the mouth of Blyson Run.
§ 111.20. Crawford County.
* * * * * (b) Conneaut Lake. The anchoring of boats is prohibited in the area along the western shoreline of the lake commonly referred to as the ''sand bar.'' The no anchor zone will extend along the shoreline to a line of buoys [approximately 75 feet out from the end of the steel cribs at either end of the zone].
* * * * *
[Pa.B. Doc. No. 10-2405. Filed for public inspection December 17, 2010, 9:00 a.m.]
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