RULES AND REGULATIONS
Title 58—RECREATION
FISH AND BOAT COMMISSION
[58 PA. CODE CH. 107]
Boating; Boating Restrictions
[54 Pa.B. 1057]
[Saturday, March 2, 2024]The Fish and Boat Commission (Commission) amends Chapter 107 (relating to boating restrictions). The Commission is publishing this final-form rulemaking under the authority of 30 Pa.C.S. (relating to Fish and Boat Code) (code). This amendment updates the Commission's regulations pertaining to allowable electric motor speeds and clarifies horsepower restrictions.
A. Effective Date
This final-form rulemaking will go into effect upon publication in the Pennsylvania Bulletin.
B. Contact Person
For further information on this final-form rulemaking, contact Renae Kluk Kiehl, Esq., P.O. Box 67000, Harrisburg, PA 17106-7000, (717) 705-7810. This final-form rulemaking is available on the Commission's web site at www.fishandboat.com.
C. Statutory Authority
The amendments to §§ 107.1 and 107.2 (relating to horsepower restrictions; and electric motors) are published under the statutory authority of section 5124(a) of the code (relating to particular areas of water).
D. Purpose and Background
The specific purpose and background of the amendments are described in more detail under the summary of changes.
E. Summary of Changes
Current regulations limit boat propulsion to electric motors only on Commission-owned or Commission-controlled lakes, some State park lakes and water bodies specified in Chapter 111 (relating to special regulations counties). These regulations were originally intended to reduce noise, excessive wakes, shoreline erosion and property damage, and the risk of petroleum-based water pollution on certain water bodies. Boats powered by small electric motors (such as trolling motors) and unpowered boats are popular on Commonwealth bodies of water with electric motor-only restrictions.
Some exceptions exist for State park lakes and certain other waters specified in Chapter 111 where internal combustion motors are permitted but with horsepower (HP) limitations. Boats propelled by small gas outboard motors and unpowered boats are popular on these waterways.
Recent technological advancements with battery-powered electric boat motors have produced a variety of higher-powered options up to 180 HP and 60 miles per hour. While these new units are currently expensive and have limited battery capacity, it is anticipated they will become more affordable and widely available in the future. Boating stakeholders, partner organizations, other State agencies and Commission staff have expressed concern that high-powered electric motors could be legally operated on waters that are currently regulated as electric motor-only waters, which is inconsistent with the original intent of this restriction. Additionally, Commission law enforcement staff have expressed concern about the complexity of enforcing HP limitations for electric motors to meet the original intent of current regulations.
Manufacturer and retailer specifications for electric motors frequently refer to kilowatt (kW) rather than HP, whereas Commission regulations refer only to HP. In enforcing HP limitations, Waterways Conservation Officers (WCO) typically rely on HP ratings that are marked on the boat's cowling (motor cover). If the HP rating is not marked on the cowling or the marking is not legible, WCOs may instead rely on documentation provided by the boat operator (such as an owner's manual), the results of an Internet search of motor make and model or, if the kW rating is known, use a conversion calculation to determine HP. The widely accepted conversion calculation is kW × 1.341 = HP. For example, a 15 kW electric motor converts to approximately 20 HP, which is a common HP limitation across this Commonwealth.
To address these issues, Commission staff recommended amending Chapter 107 to limit the speed at which electric motors may be operated and clarify that horsepower restrictions apply to both electric and internal combustion motors.
On June 21, 2022, the Boating Advisory Board considered this proposal and recommended that the Commission approve the publication of a notice of proposed rulemaking containing the amendments.
On July 26, 2022, the Commission approved the publication of a notice of proposed rulemaking containing these amendments. The notice was published at 52 Pa.B. 5651 (September 3, 2022). The Commission did not receive any public comments regarding the proposal; however, during the comment period, it was discovered that other complementary changes in Chapter 107 were necessary to effect the changes in the proposal.
These additional recommended changes were incorporated into a final-form rulemaking agenda item for Commission action. These changes were not published in the Pennsylvania Bulletin but were made public as part of the agenda for the October 24, 2022, Commission meeting. On October 24, 2022, the Commission voted to adopt the amendments as set forth in the notice of proposed rulemaking, which did not include the necessary additional changes presented at the meeting. The final-form rulemaking was published at 52 Pa.B. 7381 (December 3, 2022) and went into effect on January 1, 2023.
The additional changes to §§ 107.1 and 107.2 were included in a proposed rulemaking published at 53 Pa.B. 7604 (December 9, 2023). In this final-form rulemaking, the Commission amends §§ 107.1 and 107.2 to read as set forth at 53 Pa.B. 7604.
F. Paperwork
This final-form rulemaking will not increase paperwork and will not create new paperwork requirements.
G. Fiscal Impact
This final-form rulemaking will have no adverse fiscal impact on the Commonwealth or its political subdivisions.
H. Public Comments
A notice of proposed rulemaking was published at 53 Pa.B. 7604. The Commission received one comment in favor of this 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), referred to as the Commonwealth Documents Law, and the regulations promulgated thereunder, 1 Pa. Code §§ 7.1 and 7.2 (relating to notice of proposed rulemaking required; and adoption of regulations).
(2) A public comment period was provided and one public comment was received in favor of the proposal.
(3) The adoption of the amendment of 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 107, are amended by amending §§ 107.1 and 107.2 to read as set forth at 53 Pa.B. 7604.
(B) The Executive Director will submit this order and 53 Pa.B. 7604 to the Office of Attorney General for approval as to legality and form as required by law.
(C) The Executive Director shall certify this order and 53 Pa.B. 7604 and deposit them with the Legislative Reference Bureau as required by law.
(D) This order shall take effect upon publication in the Pennsylvania Bulletin.
TIMOTHY D. SCHAEFFER,
Executive DirectorFiscal Note: Fiscal Note 48A-347 remains valid for the final adoption of the subject regulations.
[Pa.B. Doc. No. 24-265. Filed for public inspection March 1, 2024, 9:00 a.m.]
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