RULES AND REGULATIONS
FISH AND BOAT COMMISSION
[ 58 PA. CODE CH. 111 ]
Boating; Special Regulations Counties
[37 Pa.B. 6404]
[Saturday, December 8, 2007]
The Fish and Boat Commission (Commission) amends 58 Pa. Code 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).
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 Jason E. Oyler, Esq., P. O. Box 67000, Harrisburg, PA 17106-7000, (717) 705-7827. This final-form rulemaking is available on the Commission's website at www.fish.state.pa.us.
C. Statutory Authority
The amendments to §§ 111.20 and 111.33 (relating to Crawford County; and Jefferson 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 improve, enhance and update the Commission's boating regulations. The specific purpose of the amendments is described in more detail under the summary of changes.
E. Summary of Changes
(1) Section 111.20. The Commission received a petition to amend the regulations to increase the horsepower limit on Sugar Lake, Crawford County, from the current 6 horsepower to 10 horsepower. The Commission directed staff to prepare a report with recommendations concerning the merits of the petition. The staff report was considered and reviewed by the Boating Advisory Board (Board), and the Board recommended that the horsepower be increased as proposed by the petitioner. The increase in horsepower is consistent with other lakes in Crawford County. At a subsequent meeting, the Board again considered this item and recommended that the Commission adopt the amendment on final rulemaking. On final-form rulemaking, the Commission adopted the proposed amendment as set forth in the notice of proposed rulemaking.
(2) Section 111.33. Cloe Lake, Jefferson County, is a Commission-owned lake. Under § 53.8(a) (relating to boats), the operation of internal combustion engines is prohibited on Commission lakes. In accordance with this regulation, Cloe Lake has been regulated as an electric motors only lake. A recent review of the Commission's regulations in Chapter 111 revealed that they do not include Cloe Lake as being electric motors only, which would be made explicit by the amendment. The Board considered this item and recommended that the Commission adopt the amendment on final rulemaking. On final-form rulemaking, the Commission adopted the proposed amendment as set forth in the notice of proposed rulemaking.
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 37 Pa.B. 1218 (March 17, 2007). With respect to the proposed amendment for Sugar Lake, the Commission received the following comments: two public comments before the official public comment period opposing the proposed amendment; two public comments during the official public comment period opposing it; and 39 public comments well after the official public comment period, two of which supported it and 37 of which were opposed. The majority of the comments in opposition cited negative environmental impacts and increased boat traffic on a small lake as the reason for their opposition. No comments were received with respect to the proposed amendment for Cloe Lake. Copies of all public comments were provided to the Commissioners.
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.
The Commission, acting under the authorizing statutes, orders that:
(a) The regulations of the Commission, 58 Pa. Code Chapter 111, are amended by amending §§ 111.20 and 111.33 to read as set forth at 37 Pa.B. 1218.
(b) The Executive Director will submit this order and 37 Pa.B. 1218 to the Office of Attorney General for approval as to legality as required by law.
(c) The Executive Director shall certify this order and 37 Pa.B. 1218 and deposit them with the Legislative Reference Bureau as required by law.
(d) This order shall take effect on immediately upon publication in the Pennsylvania Bulletin.
DOUGLAS J. AUSTEN, Ph.D.,
Fiscal Note: Fiscal Note 48A-189 remains valid for the final adoption of the subject regulations.
[Pa.B. Doc. No. 07-2200. Filed for public inspection December 7, 2007, 9:00 a.m.]
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