PROPOSED RULEMAKING
[ 58 PA. CODE CHS. 53, 97, AND 111 ]
General Provisions; Boating
[41 Pa.B. 2978]
[Saturday, June 11, 2011]The Fish and Boat Commission (Commission) proposes to amend Chapters 53, 97 and 111 (relating to Commission property; operator provided equipment; and special regulations counties). 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 property and boating regulations.
A. Effective Date
The proposed rulemaking, if approved on final-form, will go into effect upon publication of an order 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 § 53.2 (relating to camping and cooking) is published under the statutory authority of section 741 of the code (relating to control of property). The proposed amendments to §§ 97.3 and 97.5 (relating to sound producing devices; and visual distress signals) are published under the statutory authority of section 5123(a)(5) of the code (relating to general boating regulations). The proposed amendment to §§ 111.31 and 111.43 (relating to Huntingdon County; and Mercer 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 property and boating regulations. The specific purpose of the proposed amendments is described in more detail under the summary of proposals. On February 8, 2011, the Commission's Boating Advisory Board considered each of the proposals and recommended that the Commission approve the publication of a proposed rulemaking containing the amendments.
E. Summary of Proposals
(1) Section 53.2(b) currently provides for primitive access areas. On October 4, 1976, the Commission established the Natural Access Area Program (Program) to make available public fishing and boating opportunities to some of the most scenic and inaccessible waterways within this Commonwealth. The Program consisted of two distinct types of natural access areas: low development or mini-accesses; and primitive rest stop accesses. The Commission established regulations for access areas designated under this program and a special use permit for overnight camping at a cost of $2 per boat.
On July 29, 1977, the Commission entered into an agreement with the Department of Environmental Resources (DER) (now the Department of Conservation and Natural Resources) to establish its recently-acquired Allegheny River State Park in Venango County as a primitive rest stop access under the Program. Although the agreement held the Commission responsible for development and maintenance of the site, improvements and maintenance has been conducted by DER personnel and funds. The Commission has never actively managed or operated the site. The site is still functional today and is known as the Kennerdell Tract of Clear Creek State Forest.
The Commission has not entered into any other agreements or established any other properties under the Program nor has it collected any permit fees from this Program. A variety of agencies and organizations currently offer primitive access opportunities across this Commonwealth with accompanying regulations, enforcement and management. The Commission will continue to provide assistance for the development of primitive access (often referred to as geo-cell ramps) for unpowered boats. Therefore, it is unnecessary for the Commission to maintain the Program and to continue the regulation regarding primitive access areas.
The Commission therefore proposes that § 53.2 be amended to read as set forth in Annex A.
(2) Section 97.3 requires sound producing devices in boats. Inland Navigation Rule 32, Part D—Sound and Light Signals, does not make a distinction in terms of required sound equipment for powered versus unpowered vessels. Length of the vessel is the characteristic that determines the type of sound producing device required. Section 97.3 is consistent with the Inland Navigation Rule and specifically refers to unpowered boats for ease of reference. However, the use of ''oral'' in describing the requirement for unpowered boats may be misconstrued as meaning shouting or whistling as being an acceptable sound signal. The Commission therefore proposes clarifying the requirement by adding a statement indicating that an athletic coach's whistle is an acceptable sound producing device for unpowered boats. Additionally, the Commission proposes including a prohibition against the use of sound signals except in the case of an emergency.
The Commission proposes that § 97.3 be amended to read as set forth in Annex A.
(3) Section 97.5 requires visual distress signals (VDS) to be carried onboard boats operating on Lake Erie. This regulation is consistent with 33 CFR 175.125 (relating to serviceability) requiring that VDS must be in serviceable condition. However, there is not a definition for ''serviceable'' as it relates to inspecting VDS. Unlike life jacket regulations that do provide examples of ''serviceable condition,'' VDS requirements lack these examples. Therefore, the Commission proposes adopting the standards used by the United States Coast Guard, Boating Safety Division.
The Commission proposes that § 97.5 be amended to read as set forth in Annex A.
(4) During the summer of 2010, a joint meeting was held between representatives of the Commission, the United States Army Corps of Engineers (Corps), the United States Coast Guard Auxiliary and Raystown Concessionaires concerning the current zoning on Raystown Lake. The Corps' goal for Lake Raystown is to reduce the costs of the buoy program by transferring costs to parties who benefit, eliminating buoys that are redundant to Commission regulations, replacing buoys with signage and analyzing existing lake zoning versus observed usage patterns. As a result of the meeting and subsequent discussions, the Corps developed a plan that recommends changes to enhance recreation on the lake. Specifically, the plan recommends eliminating the ''slow, no wake speed'' designation in the areas of Hawns Run Cove and Anderson Bay.
The narrow geography of Hawns Run Cove already restricts a portion of the cove to slow, no wake according to Commission regulations. The Corps recommends removing the regulation currently restricting the entire cove, thereby eliminating the need for the three buoys at the entrance to the cove.
The Corps' plan also states that Anderson Bay is rarely used by recreational boaters and is more frequently used by trolling anglers. Therefore, based on usage of the bay, there is not a need to designate the bay as a slow, no wake zone. This proposal would eliminate approximately 15 buoys.
The Commission proposes that § 111.31 be amended to read as set forth in Annex A.
(5) State Game Lands 270 contains approximately 300 acres of Lake Wilhelm. In 2006, electric motors were permitted on a sizeable part of Lake Wilhelm that runs through State Game Lands 270 from the old log boom to the State Propagation Area above the Sheakleyville Bridge. The area is fairly shallow and filled with stumps. Currently, the area is posted with ''Electric Motors Only'' posters at the boat launches, Sheakleyville Bridge and at the old boom which is now just a line of buoys. There is currently not a Commission regulation prohibiting the operation of boats powered by internal combustion motors in this area. The remainder of the lake is owned by the Department of Conservation and Natural Resources, Bureau of State Parks, and has a 20-horsepower restriction on it.
Waterways conservation officers have received numerous complaints from anglers that individuals are using gasoline powered motors in the ''Electric Motors Only'' area. The Game Commission was contacted and it supports the proposed amendment. Currently, if an individual is caught running a gasoline motor in this area, the individual's information shall be turned over to the Game Commission for enforcement.
The Commission proposes that § 111.43 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 notice 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-229. 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 § 53.2. Camping and cooking.
[(a) General.] Except as otherwise provided in subsection (b), it is unlawful for a person to camp overnight on or in Commission-owned or -controlled property or waters, to erect a tent or other device used for or capable of being used for cooking or sleeping or to build or maintain open fires on the property.
[(b) Primitive access areas. Overnight camping is permitted on properties designated as primitive access areas subject to the following terms and conditions:
(1) Access to the access area may be gained only by boat, which boat is properly and currently registered under applicable statutes and regulations.
(2) Small fires for cooking and warming purposes are permitted only at places where adequate precautions are taken to prevent the spread of fire which may damage adjacent areas. Fires shall be attended to at all times; unattended fires are prohibited. Open fires are prohibited when the forest fire danger in the area of the primitive access area is rated high or extreme.
(3) Sanitary facilities are primitive only. Human wastes shall be deposited away from normal camp sites and water courses and shall be covered with natural materials.
(4) The following area is designated as a primitive access area—Venango County, Allegheny River, Allegheny River State Park at about mile 109.]
Subpart C. BOATING
CHAPTER 97. OPERATOR PROVIDED EQUIPMENT § 97.3. Sound producing devices.
* * * * * (c) Unpowered boats. Unpowered boat operators are required to [have some means of making an efficient oral or mechanical sound signal] carry a device capable of sounding a prolonged blast for 4-6 seconds that can be heard by another boat operator in time to avoid a collision. An athletic coach's whistle is an acceptable sound producing device for unpowered boats. It is unlawful to use a sound producing device on the water under any circumstance except in the following situations:
(1) Assistance is needed because of immediate or potential danger to the persons onboard.
(2) It is necessary to attract the attention of another boat.
* * * * * § 97.5. Visual distress signals.
* * * * * (g) It is unlawful to operate a boat unless each signal required [by] under subsection (b) or (c) is in serviceable condition and the service life of the signal, if indicated by a date marked on the signal, has not expired. As used in this subsection, the term ''serviceable'' means that the device is fully functional to carry out the purpose for which it was designed and is free of damage and defects.
* * * * *
CHAPTER 111. SPECIAL REGULATIONS COUNTIES § 111.31. Huntingdon County.
(a) Lake Raystown.
(1) Boats are limited to slow, no wake speed in the following areas:
(i) [Hawns Run Cove,] Seven Points, Yocum Bay, [Anderson Bay,] Woodcock Valley Cove, James Creek Cove, Great Trough Creek Cove, Coffee Run Cove and Shy Beaver Cove.
* * * * * § 111.43. Mercer County.
(a) Shenango River Lake.
* * * * * (b) Lake Wilhelm. The operation of boats powered by internal combustion motors is prohibited from a point approximately 200 yards north of the Interstate 79 causeway over Lake Wilhelm upstream to the Game Commission Propagation Area above the Sheakleyville Causeway (State Route 1018, Mill-edgeville Road).
[Pa.B. Doc. No. 11-968. Filed for public inspection June 10, 2011, 9:00 a.m.]
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