RULES AND REGULATIONS
FISH AND BOAT COMMISSION
[58 PA. CODE CH. 111]
Boating
[35 Pa.B. 2392] The Fish and Boat Commission (Commission) amends Chapter 111 (relating to special regulations counties). The Commission is publishing this final-form rulemaking under the authority of 30 Pa.C.S. (relating to the Fish and Boat Code) (code). The final-form rulemaking creates a slow, no wake zone in the Kernsville Pool of the Schuylkill River, Berks County, converts the 8 mph zones on the McKean County portion of Willow and Sugar Bays, Allegheny River Reservoir, to slow, no wake and removes the 8 mph restriction on the Warren County portion of the bays.
A. Effective Date
The final-form rulemaking will go into effect immediately upon publication in the Pennsylvania Bulletin.
B. Contact Person
For further information on the final-form rulemaking, contact Laurie E. Shepler, Esq., P. O. Box 67000, Harrisburg, PA 17106-7000, (717) 705-7815. This final-form rulemaking is available on the Commission's website: www.fish.state.pa.us.
C. Statutory Authority
The amendments to §§ 111.6, 111.42 and 111.62 (relating to Berks County; McKean County; and Warren County) are published under the statutory authority of section 5124 of the code (relating to particular areas of water).
D. Purpose and Background
The final-form rulemaking is designed to update, modify and improve the Commission's boating regulations. The specific purpose of the amendments is described in more detail under the summary of changes. The Commission's Boating Advisory Board considered the proposed amendments and recommended that the Commission finally adopt them as set forth in the notice of proposed rulemaking.
E. Summary of Changes
(1) Section 111.6. The Commission received a petition from Blue Mountain Wildlife, Inc. (BMW) to amend this section to prohibit the operation of internal combustion motors on boats using the Schuylkill River behind the Kernsville Dam to encourage the preservation of the peacefulness and beauty of the impoundment. The Kernsville Dam is located in Berks County, near Hamburg, PA. The dam is owned by the Commonwealth and is managed by the Department of Environmental Protection (Department). BMW holds a lease to manage and develop the area around the impoundment for passive recreational use. The Department maintains an access area at the impoundment that has been closed because it falls within a 200-foot restricted area near this dam. Only hand-carry access is currently available.
Commission staff reviewed BMW's petition to ensure that it met the requirements of § 51.6 (relating to petitions or requests for regulations) and determined that it was appropriate for further consideration. In accordance with the Commission's regulations, BMW was afforded an opportunity to make a presentation at a Commission meeting. The Commission accepted the petition for further review and directed staff to prepare a report and recommendations.
The staff completed its report and based upon the recommendations contained in the report, the Commission created a slow, no wake zone in the Kernsville Pool. The Commission adopted the amendment to § 111.6 to read as set forth in the notice of proposed rulemaking.
(2) Sections 111.42 and 111.62. In 1980, the Commission adopted regulations to control the speed of boats on the various bays of the Kinzua Reservoir. All of the larger bays were restricted to 8 mph while the smaller ones were made slow, no wake. These regulations were subsequently modified in 1989 and 1994. Boat speed was restricted to slow, no wake in most of the coves, but in Willow Bay and Sugar Bay, an 8 mph speed limit was retained. This speed was selected because the size of the bays was too large for slow, no wake but not large enough for unrestricted operation.
The Commission reviewed these restrictions and determined that the regulations could be further improved and provide additional boating opportunities by converting the 8 mph zones on the McKean County portion of Willow and Sugar Bays to slow, no wake and by removing the 8 mph restriction on the Warren County portion of these bays. The Commission adopted the amendments to §§ 111.42 and 111.62 to read as set forth in the notice of proposed rulemaking.
F. Paperwork
The final-form rulemaking will not increase paperwork and will create no new paperwork requirements.
G. Fiscal Impact
The final-form rulemaking will have no adverse fiscal impact on the Commonwealth or its political subdivisions. The final-form rulemaking will impose no new costs on the private sector or the general public.
H. Public Involvement
A notice of proposed rulemaking was published at 34 Pa.B. 6546 (December 11, 2004). Prior to the formal public comment period, the Commission received two public comments, one supporting the proposed amendment to § 111.6 and the other opposing it. The Commission did not receive any public comments pertaining to the proposed amendment to this section during the formal public comment period.
Prior to the formal public comment period, the Commission received 17 public comments concerning the proposed amendments to §§ 111.42 and 111.62. Eleven supported the proposal and six opposed it. The Commission received two comments concerning the proposed rulemaking during the formal public comment period. Both comments supported the proposed rulemaking. After the formal public comment period, the Commission received one comment favoring the proposed rulemaking. Copies of all public comments were provided to the Commissioners.
Findings
The Commission finds that:
(1) Public notice of intention to adopt the amendments 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) and the regulations promulgated thereunder, 1 Pa. Code §§ 7.1 and 7.2.
(2) A public comment period was provided, and the comments that were received were considered.
(3) The adoption of the amendments 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 111, are amended by amending §§ 111.6, 111.42 and 111.62 to read as set forth at 34 Pa.B. 6546.
(b) The Executive Director will submit this order and 34 Pa.B. 6546 to the Office of Attorney General for approval as to legality as required by law.
(c) The Executive Director shall certify this order and 34 Pa.B. 6546 and deposit them with the Legislative Reference Bureau as required by law.
(d) This order shall take effect immediately upon publication in the Pennsylvania Bulletin.
DOUGLAS J. AUSTEN, Ph.D.,
Executive DirectorFiscal Note: Fiscal Note 48A-163 remains valid for the final adoption of the subject regulations.
[Pa.B. Doc. No. 05-761. Filed for public inspection April 22, 2005, 9:00 a.m.]
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