RULES AND REGULATIONS
FISH AND BOAT COMMISSION
[58 PA. CODE CH. 111]
Boating; Special Regulations Counties
[52 Pa.B. 7386]
[Saturday, December 3, 2022]
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 Fish and Boat Code) (code). The amendment updates the Commission's regulations pertaining to Treasure Lake, located in Clearfield County.
A. Effective Date
This final-form rulemaking will go into effect on January 1, 2023.
B. Contact Person
For further information on this final-form rulemaking, contact Vienna Vasquez, 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 amendment to § 111.17 (relating to Clearfield County) is 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 amendment is described in more detail under the summary of changes.
E. Summary of Changes
Treasure Lake is a 379-acre lake within the grounds of a semi-private resort-style residential development of the same name. It is the largest of three lakes on the property and is designated for motorboats. It has a speed limit of 35 miles per hour. Treasure Lake is popular for boat-towed watersports, as well as fishing and kayaking. The lake has a marina with 200 boat rental slips and four boat launches.
In March 2022, the Treasure Lake Board of Directors voted to amend its policies to extend the maximum boat length on Treasure Lake from 25 feet to 26 feet, consistent with the United States Coast Guard's definition of a Class 1 vessel (16 feet to 25.9 feet). The Treasure Lake Board of Directors has requested the Commission adopt the same regulatory amendment in the Pennsylvania Code so that Waterways Conservation Officers can continue to assist in enforcement of this boating regulation.
During the comment period, a minor edit was suggested to the description of length to better align the change with the references to Class 1 vessels found elsewhere in Title 58 (relating to recreation).
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 52 Pa.B. 5652 (September 3, 2022). The Commission did not receive any public comments regarding the proposal.
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), 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 no public comments were received.
(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 § 111.17 to read as set forth in Annex A, with ellipses referring to the existing text of the regulations.
(B) The Executive Director will submit this order and Annex A 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 Annex A and deposit them with the Legislative Reference Bureau as required by law.
(D) This order shall take effect on January 1, 2023.
TIMOTHY D. SCHAEFFER,
Fiscal Note: Fiscal Note 48A-337 remains valid for the adoption of the subject regulation.
TITLE 58. RECREATION
PART II. FISH AND BOAT COMMISSION
SUBPART C. BOATING
CHAPTER 111. SPECIAL REGULATIONS COUNTIES
§ 111.17. Clearfield County.
(a) Treasure Lake.
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(3) Boats 26 feet in length or longer are prohibited.
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[Pa.B. Doc. No. 22-1865. Filed for public inspection December 2, 2022, 9:00 a.m.]
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