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PA Bulletin, Doc. No. 02-2227

PROPOSED RULEMAKING

[58 PA. CODE CH. 111]

Boating

[32 Pa.B. 6132]

   The Fish and Boat Commission (Commission) proposes to amend Chapter 111 (relating to 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 rulemaking relates to boating.

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 Laurie E. Shepler, Assistant Counsel, P. O. Box 67000, Harrisburg, PA 17106-7000, (717) 705-7815. This proposed rulemaking is available electronically through the Commission's website (http://www.fish.state.pa.us).

C.  Statutory Authority

   The proposed amendments to §§ 111.32, 111.59 and 111.65 (relating to Indiana County; Tioga County; and Westmoreland 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 update, modify and improve the Commission's regulations pertaining to boating. 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 proposals and recommended that the Commission publish a notice of proposed rulemaking containing the proposed amendments.

E.  Summary of Proposal

   (1)  Sections 111.32 and 111.65. The Commission received a letter from the U.S. Army Corps of Engineers (Corps), Pittsburgh District, dated April 22, 2002, requesting that the Conemaugh River Lake be restricted to electric and manual powered boats. The Conemaugh River Lake was created in 1953 as a part of the flood control system for the Allegheny and Ohio Rivers. The project purposes include flood control, water quality, hydropower generation and recreation. Of these purposes, only flood control has storage allocated for its operation. Other purposes are accommodated to the extent feasible. The summer pool is approximately 800 acres.

   Due to historic acid mine drainage pollution, the quality of the water has been highly degraded and water recreational facilities have not been developed. During the past 10 years, agencies have observed a significant improvement in water quality to the point where water recreation is becoming a possibility and demand for shoreline fishing and hand carried boat launching is increasing.

   In 1995, the Corps initiated an analysis of various proposed boating alternatives. An interagency meeting was convened to gather input from State and Federal agencies and a consensus electric/manual boat policy was reached. Because there was no significant access at that time, no action was taken to formalize this restriction beyond the Operations Management Plan. However, access is improving with two hand-carry boat launch sites having been developed by local municipalities and two more in the planning stage for development in the next 2 years. The current Corps policy for boating limits on this lake should be formalized in the Commission's regulations. Accordingly, the Commission proposes to amend these sections to read as set forth in Annex A.

   (2)  Section 111.59. The Commission received a letter from the Corps, Baltimore District, dated August 6, 2002, requesting changes to the boating regulations on Tioga, Hammond and Cowanesque Lakes. These lakes were built in the late 1970s as a part of the flood control system for the Susquehanna River. As the lakes were opened, the Commission and the Corps developed a management plan for boating. This plan was modified in the 1991 when the level of the water at Cowanesque Lake was raised. Since that time, the lakes have increased in popularity, becoming a destination for many people from the northern tiers of this Commonwealth and southern New York. After evaluating the current use of the facilities, the Corps is proposing loosening the restrictions on certain activities to expand boating opportunities.

   The Corps proposes to:

   *  Remove the ''slow no wake'' regulation at Cooks Creek Cove--the area is no more than 200 feet across and is therefore regulated by the general no wake regulations.

   *  Remove the restriction from boating at the dam--no trespassing signs keep people off the dam structure and there is no need to restrict boats in this area.

   *  Eliminate the ''boats keep out'' restriction above the Route 49 Bridge--the original purpose of this restriction was to keep boaters away from Nelson Falls. The Route 49 Bridge provided an easy place to mark this restriction. The Corp has since been able to mark this area by other means and would like to open this area to boats.

   *  Eliminate the two water-skier rules--the original restriction was intended to restrict conventional skiers. The more common use today is inflatable tubes and similar devices many of which are designed for more than two people. Eliminating this rule will allow families greater freedom to use and enjoy the sport.

   *  Eliminate the over the transom exhaust restriction--the Corps believe there is no further need for this rule. The original concern was for noise, and the Commission has other regulations to control the production of excessive noise by boats of this type.

   *  Add a new ''slow no wake'' zone in the vicinity of two heavily used launch ramps--this area is on a narrow part of the lake and is very congested because of the launch ramp use.

   The Commission has reviewed the proposed rulemaking and agrees that the changes will be beneficial to the overall use of the three lakes. Accordingly, the Commission proposes to amend this section 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 at 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.

PETER A. COLANGELO,   
Executive Director

   Fiscal Note: 48A-137. 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

§ 111.32.  Indiana County.

*      *      *      *      *

   (c)  Conemaugh River Lake.

   (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)  The operation of boats powered by internal combustion motors is prohibited.

§ 111.59.  Tioga County.

*      *      *      *      *

   (b)  Cowanesque Lake.

   [(1)]  Boats are limited to slow, minimum height swell speed in the following areas:

   [(i)] (1)  *  *  *

   [(ii)] (2)  *  *  *

   [(iii) Cooks Creek Cove] (3)  Between the buoy lines across the lake in the vicinity of the East and West Boat Launch areas.

   [(iv)] (4)  From the [Day Use Beach] buoy line west of the South Shore Day Use Area upstream to the headwaters of the lake.

   [(2)  Boats are prohibited in the following areas:

   (i)  On a line parallel to the dam approximately 25 yards from the shoreline.

   (ii)  From the Route 49 Bridge at Nelson in the headwaters at Nelson Falls.

   (3)  No more than two waterskiers may be towed behind a boat.]

   (c)  Hammond Lake.

   [(1)]  Boats are limited to slow, minimum height swell speed from a buoy line across the lake in the [approximate] vicinity of [the Lakeside Pavilion at] Ives Run [Recreation Area] to the extreme backwaters of the lake.

   [(2)  No more than one waterskier may be towed behind a boat.

   (3)  It is unlawful to operate boats equipped with over the transom or straight stack type exhaust, wet or dry.]

*      *      *      *      *

   (f)  Tioga Lake.

   [(1)]  Boats are limited to slow, minimum height swell speed in the following areas:

   [(i)] (1)  *  *  *

   [(ii)] (2)  *  *  *

   [(2)  No more than two waterskiers may be towed behind a boat.]

*      *      *      *      *

§ 111.65.  Westmoreland County.

*      *      *      *      *

   (c)  Conemaugh River Lake.

   (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)  The operation of boats powered by internal combustion motors is prohibited.

*      *      *      *      *

[Pa.B. Doc. No. 02-2227. Filed for public inspection December 13, 2002, 9:00 a.m.]



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