3844 PROPOSED RULEMAKING carriage requirements as wearable or throwable PFDs, as FISH AND BOAT appropriate, as long as they remain in serviceable condi- COMMISSION tion. The Commission therefore proposes to amend §§ 97.1, [58 PA. CODE CHS. 97, 109, 111 AND 115 ] 109.3, 109.4 and 115.11 to read as set forth in Annex A. Boating (2) Currently, the Commonwealth’s boating regulations require that a personal watercraft (PWC) must have a The Fish and Boat Commission (Commission) proposes passenger capacity of three or more to be utilized in to amend Chapters 97, 109, 111 and 115. The Commission waterskiing/towing activities and that the PWC must is publishing this proposed rulemaking under the author- have a competent observer onboard in addition to its ity of 30 Pa.C.S. (relating to Fish and Boat Code) (code). operator. Additionally, no more than one person may be towed behind a PWC (regardless of whether the towed A. Effective Date implement may be capable of holding multiple individu- The proposed rulemaking, if approved on final-form als). At the time that these regulations were adopted, it is rulemaking, will go into effect on January 1, 2016. likely that the largest PWCs manufactured and on the market had a maximum passenger capacity of three. B. Contact Person Since 1999, major manufacturers have produced larger For further information on the proposed rulemaking, four-person PWCs that are on average 12 feet long by 4 contact Laurie E. Shepler, Esq., P.O. Box 67000, Harris- feet to 5 feet wide, weighing about 800 pounds. The power burg, PA 17106-7000, (717) 705-7810. This proposed rule- and stability of these larger PWCs is comparable to open making is available on the Commission’s web site at motorboats that are also used for towed watersports. www.fish.state.pa.us. Commission regulations do not limit the number of C. Statutory Authority persons that may legally be towed behind boats other than PWCs, except that the boat’s maximum passenger The proposed amendments to §§ 97.1, 109.3, 109.4 and capacity may not be exceeded. 115.11 are published under the statutory authority of In 2005, the National Association of State Boating Law section 5123 of the code (relating to general boating Administrators (NASBLA) revised and adopted model regulations). The proposed amendments to Chapter 111 acts for personal watercraft and maximum loading and (relating to special regulations counties) are published horsepower capacity compliance. The model acts are under the statutory authority of section 5124 of the code intended to establish requirements for the safe operation (relating to particular areas of water). of PWCs and prohibit the operation of recreational vessels D. Purpose and Background when they exceed the capacity limits identified on the vessel’s capacity label or through calculations presented The proposed rulemaking is designed to simplify and in the Code of Federal Regulations. In 2007, NASBLA improve the Commission’s boating regulations. The spe- revised and adopted a model act for safe practices for cific purpose of the proposed amendments is described in boat-towed watersports providing best practices for water more detail under the summary of proposals. On Febru- skiing, wake surfing and tubing activities, and consistent ary 12, 2015, the Boating Advisory Board considered language for adoption. The model acts do not limit the these proposals and recommended that the Commission number of individuals to be towed by a PWC as long as approve the publication of a proposed rulemaking con- the vessel’s passenger capacity is not exceeded by the taining the amendments. total number of persons operating, observing and being E. Summary of Proposals towed. (1) On September 22, 2014, the United States Coast As defined in § 91.2 (relating to definitions), individu- Guard (USCG) issued a final rule to delete references to als being towed behind a boat (for example, conventional type codes in its regulations on the carriage and labeling waterskiing, tubing, kneeboarding, parasailing, and the of USCG-approved personal flotation devices (PFD). Re- like) are considered to be passengers of the vessel and moving these type codes from USCG regulations facili- must be counted in regard to the boat’s maximum tates future incorporation by reference of new industry passenger capacity. Under § 105.4 (relating to overload- consensus standards for PFD labeling that more effec- ing and improper loading), a boat may not be operated tively convey safety information. It is also a step toward when it is loaded with passengers or cargo beyond its safe harmonization of the regulations of the United States carrying capacity. with PFD requirements in Canada and other countries. The Commission therefore proposes eliminating the The final rule went into effect on October 22, 2014. PWC towing regulation since passenger carrying capacity is addressed in other sections of the Commission’s regula- The USCG final rule deleted references to type codes in tions. For all boats, the total number of persons being USCG regulations on the carriage and labeling of USCG- towed, when added to the occupants onboard the boat approved PFDs. This final rule deleted type code lan- (that is, the operator, observer and other passengers), guage from USCG carriage requirements and from USCG cannot exceed the maximum passenger capacity of the regulations for labeling of new PFDs, but it did not make boat. The Commission proposes to delete § 109.3(f) (relat- changes to the number of wearable or throwable PFDs ing to personal watercraft) and renumber the remaining required. It also did not require changes to existing subsection to read as set forth in Annex A. approved PFDs already purchased and in use. In the final rule, the USCG acknowledged that PFDs are typically (3) The Little Beaver Creek originates in Ohio and carried on boats for several years and reaffirms that there are two short sections that cross the border into approved PFDs marked with type codes will still meet western Beaver County. The uppermost section of the

PENNSYLVANIA BULLETIN, VOL. 45, NO. 29, JULY 18, 2015 PROPOSED RULEMAKING 3845 creek in this Commonwealth is less than 200 feet wide in front of the Ridley Township Marina and another and shallow. The lower section of the creek in this lagoon area at the mouth of Long Hook Creek. The Commonwealth, from the State line to the creek’s mouth Commission is responsible for installation and mainte- on the Ohio River, flows through the Borough of Ohioville nance of the buoys which are in place from Memorial Day and varies in width. Some portions of this lower section through October of each year. The area upstream of Long are more than 200 feet wide and boats are not restricted Hook Creek is less than 200 feet wide. Therefore, boats to operating at slow, no wake speed. This lower section is are prohibited from operating at greater than slow, no used mostly for fishing, paddling and accessing the Ohio wake speed. Approximately 1.5 miles upstream of Long River by use of the Ohioville Borough access area. Since Hook Creek is the refuge waters of the John Heinz it is difficult for boaters to determine the width of this at Tinicum. The refuge waters lower section and whether they may operate at greater are tidal and navigable only within 2 hours before and than slow, no wake speed, the Commission proposes after high tide. designating the lower section (from the mouth upstream The section of Darby Creek between the mouth and the to the State line) as a slow, no wake zone to minimize lagoons is barely wider than 200 feet and can be con- conflicts among the various user groups. gested with boat traffic from the Ridley Township Marina. The Commission also proposes adding a provision in Additionally, there are four sets of bridge piers in the § 111.4 (relating to Beaver County) that the operation of water in this section (that is, railroad, drawbridge, Route boats powered by internal combustion motors is prohib- 291 and I-95). The Commission therefore proposes that ited on Bradys Run Lake to conform with county regula- § 111.23(b) (relating to Delaware County) be amended to tions. Bradys Run Lake is a 28-acre lake in the center of be consistent with the area delineated in the Permit to the county, owned and operated by the Beaver County Install Floating Structures and Private Aids to Naviga- Recreation and Tourism Department. tion and that the entire length of Darby Creek be designated as slow, no wake. This clarification does not The Commission proposes to amend § 111.4 to read as significantly extend the current slow, no wake restric- set forth in Annex A. tions. Commission staff preliminarily consulted with the (4) Current § 111.9(b) (relating to Bucks County) is refuge manager at John Heinz National Wildlife Refuge confusing since there is not a landmark or distinguishing at Tinicum who has indicated support for the slow, no characteristic (other than buoys during the boating sea- wake designation on Darby Creek. son) to delineate the upstream boundary of the slow, no The Commission therefore proposes to amend § 111.23 wake zone. The remainder of the stream is less than 200 to read as set forth in Annex A. feet wide. Therefore, boats are prohibited from operating at greater than slow, no wake speed. The Commission (7) Section 111.39 (relating to Lehigh County) currently proposes simplifying the regulation by stating that the prohibits water skiing on the at the Allen- entire creek, from its headwaters to its confluence with town Pool. This pool is between the Tilghman Street the Delaware River, is a slow, no wake zone. This Bridge and the Hamilton Street Dam in Allentown. The proposed amendment is a simplification of language and City of Allentown owns and operates Bucky Boyle Park is not an expansion of the current slow, no wake restric- on the west shore of the river in this area. At one time tions. the park had a swim beach, and safety concerns for the swimmers led to the restriction of water skiing in this The Commission proposes to amend § 111.9 to read as area. The swim beach has since been eliminated from the set forth in Annex A. park. (5) Currently, § 111.21 (relating to Cumberland The Commission proposes elimination of the water County) allows waterskiing on the Conodoguinet Creek in skiing prohibition in this area since it unnecessarily the vicinity of the Power Company Dam at Cave Hill. The restricts boating activity. The Commission therefore pro- measured stream width throughout a considerable portion poses to amend § 111.39 to read as set forth in Annex A. of the current skiing area is approximately 200 feet and sometimes less at seasonal summer flow. Numerous staff (8) Under section 741 of the code (relating to control of who have patrolled this area over the years have ex- property), the Commission may promulgate rules and pressed safety concerns as this area is not conducive to regulations for the use and protection of all lands or safe skiing activity. Therefore, the Commission proposes waters owned, leased or otherwise controlled by the eliminating the water skiing zone. The Commission also Commission. Accordingly, the Commission adopted § 53.8 proposes deleting the paragraph relating to swim zone (relating to boats) to, among other things, prohibit the areas since the Commission does not typically regulate use of internal combustion engines to propel a boat on these areas. Additionally, with the elimination of the Commission lakes. In § 107.2 (relating to electric motors), water ski zone, boats will be prohibited from operating at electric motors are permitted on Commission owned or greater than slow, no wake speed on the channel behind controlled lakes and on State Park lakes where boating is the island since it is less than 200 feet in width. The permitted and the operation of internal combustion en- Commission proposes deleting paragraph (5) since it will gines is specifically prohibited, except as otherwise speci- be redundant. fied in Chapter 111. The Commission proposes to amend § 111.21 to read as The Commission’s interpretation of § 107.2 is that set forth in Annex A. exceptions to the prohibition shall be listed in Chapter 111, but it is redundant to list specific waters where (6) Darby Creek is a tributary of the Delaware River in internal combustion engines (sometimes simply referred Delaware County, southwest of the City of Philadelphia. to as ‘‘motors’’) are prohibited on Commission owned or Darby Creek is currently posted by buoys and signage as controlled lakes and on State Park lakes in Chapter 111. a slow, no wake area under an existing Commission Therefore, in an effort to simplify its boating regulations, Permit to Install Floating Structures and Private Aids to the Commission proposes deleting redundant provisions Navigation. The permit includes slow, no wake buoys from Chapter 111. Commission owned or controlled lakes being placed at the mouth of Darby Creek with the where internal combustion engines are prohibited are designation continuing upstream to include a lagoon area posted onsite and listed on the Commission’s web site.

PENNSYLVANIA BULLETIN, VOL. 45, NO. 29, JULY 18, 2015 3846 PROPOSED RULEMAKING

Additionally, some State Park lakes where internal (i) The activity in which the vessel is being used. combustion engines are permitted and horsepower restric- (ii) As a substitute for a PFD of the type required tions exist or where boating is prohibited are currently on the vessel in use. not included in Chapter 111. The Commission proposes that these lakes be added as part of the other amend- (2) The PFD is used in accordance with require- ments to this chapter. ments of the approval label. The Commission therefore proposes that various sec- (3) The PFD is used in accordance with require- tions in Chapter 111 be amended to read as set forth in ments in its owners manual, if the label makes Annex A. reference to the manual. ] F. Paperwork (a) Definitions. The following words and terms, The proposed amendments will not increase paperwork when used in this section, have the following mean- and will not create new paperwork requirements. ings, unless the context clearly indicates otherwise: G. Fiscal Impact Immediately available—A PFD that is within arm’s reach of the operator or passenger while the The proposed rulemaking will not have adverse fiscal boat is being operated. A PFD that is stored in a impact on the Commonwealth or its political subdivisions. protective covering or sealed in its original packag- The proposed rulemaking will not impose new costs on ing is not immediately available. the private sector or the general public. PFD—Personal flotation device—A life preserver H. Public Comments that is approved by the Commandant of the United Interested persons are invited to submit written com- States Coast Guard under 46 CFR Part 160 (relating ments, objections or suggestions about the proposed rule- to lifesaving equipment). making to the Executive Director, Fish and Boat Commis- sion, P.O. Box 67000, Harrisburg, PA 17106-7000 within Readily accessible—A PFD that is stowed where it 30 days after publication in the Pennsylvania Bulletin. can be easily reached or is out in the open ready Comments submitted by facsimile will not be accepted. for wear. A PFD that is stored in a protective covering or sealed in its original packaging is not Comments also may be submitted electronically by readily accessible. completing the form at www.fishandboat.com/reg comments. If an acknowledgment of electronic comments Serviceable—When a PFD is fully functional to is not received by the sender within 2 working days, the carry out the purpose for which it was designed comments should be retransmitted to ensure receipt. and free of tears or defects in the material over the Electronic comments submitted in any other manner will flotation material and the buckles, straps, zippers not be accepted. and other closures are operable. JOHN A. ARWAY, Throwable PFD—A PFD that is intended to be Executive Director thrown to a person in the water. A PFD marked as throwable, Type IV, or Type V with Type IV perfor- Fiscal Note: 48A-265. No fiscal impact; (8) recom- mance is considered a throwable PFD. Unless spe- mends adoption. cifically marked otherwise, a wearable PFD is not a Annex A throwable PFD. TITLE 58. RECREATION Wearable PFD—A PFD that is intended to be worn or otherwise attached to a person’s body. A PART II. FISH AND BOAT COMMISSION PFD marked as wearable, Type I, Type II, Type III, Subpart C. BOATING or Type V with Type (I, II or III) performance is considered a wearable PFD. CHAPTER 97. OPERATOR PROVIDED EQUIPMENT (b) A person may not use a boat unless at least one wearable PFD is on board for each person and § 97.1. Personal flotation devices. the PFD is used in accordance with requirements [ (a) A person may not use a boat unless at least of the approval label. one personal flotation device (PFD) of the following (c) A person may not use a boat 16 feet or more in types is on board for each person: length unless one throwable PFD is on board in (1) Type I. addition to the total number of PFDs required in subsection (b). Canoes and kayaks 16 feet in length (2) Type II. and over are exempted from the requirements for (3) Type III. carriage of the additional throwable PFD. (b) A person may not use a boat 16 or more feet (d) Required PFDs shall be in good, serviceable condi- in length unless one Type IV PFD is on board in tion, legibly marked showing the Coast Guard approval addition to the total number of PFDs required in number and [ whether it is a Type I, II, III, IV or V ] subsection (a). Canoes and kayaks 16 feet in length displaying the PFD’s intended or approved use. and over are exempted from the requirements for They shall be of an appropriate size, child or adult, for carriage of the additional Type IV PFD. the person for whom it is intended. (c) A Type V PFD may be carried in lieu of a PFD (e) [ Types I, II and III ] When not worn, wearable required under subsection (a) if: PFDs shall be stowed so as to be readily accessible. (1) The approval label on the Type V PFD indi- [ Type IV, buoyant cushion and ring buoy designed cates the device is approved for one of the follow- for throwing or grasping rather than wearing, ] ing: Throwable PFDs shall be immediately available.

PENNSYLVANIA BULLETIN, VOL. 45, NO. 29, JULY 18, 2015 PROPOSED RULEMAKING 3847

[ (1) ‘‘Readily accessible’’ means that PFDs are obtained a Boating Safety Education Certificate as de- stowed where they can be easily reached, or are out fined in § 91.6 (relating to Boating Safety Education in the open ready for wear. A PFD that is sealed in Certificates). its original packaging is not readily accessible. § 109.4. Waterskiing, aquaplaning, kiteskiing and (2) ‘‘Immediately available’’ means that the PFD similar activities. cannot be in a protective covering and shall be ***** within arm’s reach of the operator or passenger while the boat is being operated. (f) PFDs. It is unlawful for a person to operate a boat on the waters of this Commonwealth for: (3) A PFD that is sealed in its original packaging is neither immediately available nor readily acces- (1) Waterskiing unless each person being towed is sible. ] wearing a [ Type I, II, III or V ] United States Coast Guard-approved wearable PFD in accordance with (f) This section does not apply to racing shells, rowing § 97.1 (relating to personal flotation devices). Inflat- sculls and racing kayaks, such as manually propelled able PFDs may not be used to meet this requirement. boats recognized by National racing associations for use in competitive racing, where the occupants row, scull or (2) Wake surfing unless the wake surfer is wearing a paddle with the exception of the coxswain, if one is [ Type I, II, III or V ] United States Coast Guard- provided, and which are not designed to carry and do not approved wearable PFD in accordance with § 97.1 or carry equipment not solely for competitive racing. water ski wetsuit as defined in subsection (g). Inflatable PFDs may not be used to meet this requirement. (g) Coast Guard approved PFDs shall be acceptable as long as they are in good, serviceable condition with the (g) Water ski wetsuits. A person engaged in slalom approval clearly legible[ , even though the type num- skiing on a marked course or a person engaged in ber may not be contained in the marking because barefoot, jump or trick skiing, or wake surfing may elect they are earlier approved lifesaving devices ]. to wear a wetsuit designed specifically for the activity in [ ‘‘Serviceable’’ means the PFD is fully functional to lieu of the United States Coast [ Guard approved ] Guard-approved wearable PFD required in § 97.1 carry out the purpose for which it was designed and free of tears or defects in the material over the [ (relating to personal flotation devices) ]. A United flotation material and the buckles, straps, zippers States Coast [ Guard approved PFD of a type ] and other closures are operable. ] Guard-approved wearable PDF described in § 97.1 shall be carried in the tow boat for each skier electing to (h) Children 12 years of age and younger shall wear an wear a water ski wetsuit. The nonapproved water ski approved [ Type I, II, III or V ] wearable PFD while wetsuit device shall meet the following criteria: underway on any boat 20 feet or less in length and all canoes and kayaks. The operator of the watercraft vio- ***** lates this subsection if he does not cause a child 12 years CHAPTER 111. SPECIAL REGULATIONS of age or younger to wear a PFD as required by this COUNTIES subsection. § 111.4. Beaver County. (i) Beginning November 1 until midnight April 30 of the following year, a person shall wear a Coast Guard (a) Beaver River. Boats are limited to slow, no wake speed from the mouth upstream to Mile 2.3. approved [ Type I, II, III or V ] wearable PFD while underway or at anchor on boats less than 16 feet in [ (b) Hereford Lake. The operation of boats pow- length or any canoe or kayak. ered by internal combustion motors is prohibited. CHAPTER 109. SPECIALTY BOATS AND (c) Raccoon Lake—. The WATERSKIING ACTIVITIES operation of boats powered by internal combustion § 109.3. Personal watercraft. motors is prohibited. ] ***** (b) Bradys Run Lake. The operation of boats (b) It is unlawful for a person to operate, or be a powered by internal combustion motors is prohib- passenger onboard, a personal watercraft on the waters of ited. this Commonwealth unless the person is wearing a (c) Little Beaver Creek (Ohioville Area). Boats are [ Type I, II, III or V ] United States Coast Guard limited to slow, no wake speed from the mouth approved wearable personal flotation device in accord- upstream to the State line. ance with § 97.1 (relating to personal flotation § 111.5. Bedford County (Reserved). devices). Inflatable personal flotation devices may not be [ ] used to meet this requirement. [ Shawnee Lake. The operation of boats powered ***** by internal combustion motors is prohibited. ] [ (f) The operator of a personal watercraft with a § 111.6. Berks County. capacity of two or less persons as determined by ***** the manufacturer, may not tow waterskiers or en- gage in waterskiing or similar activities while oper- [ (b) Hopewell Lake—. ating a personal watercraft. Other personal water- The operation of boats powered by internal com- craft may tow no more than one skier. bustion motors is prohibited. (g) ] (f) Except as otherwise provided in this subpart, (c) Kaercher’s Creek Lake. The operation of boats a person may not operate a personal watercraft on the powered by internal combustion motors is prohib- waters of this Commonwealth unless the person has ited.

PENNSYLVANIA BULLETIN, VOL. 45, NO. 29, JULY 18, 2015 3848 PROPOSED RULEMAKING

(d) Scotts Run Lake—French Creek State Park. [ (2) ] (3) Waterskiing is prohibited except between The operation of boats powered by internal com- sunrise and sunset in the designated ski zone. Boats in bustion motors is prohibited. this zoned area shall operate in a counter-clockwise (e) ] (b) ; Kernsville Pool. Boats are direction. Boats not engaged in waterskiing shall remain limited to slow, no wake speed. outside the ski zone area while waterskiing is in progress. A boat may not tow more than one water ski device on § 111.7. [ Blair County ] (Reserved). weekends and holidays from the Saturday preceding Memorial Day through Labor Day. [ Canoe Creek. The operation of boats powered by internal combustion motors is prohibited. ] [ (3) ] (4) It is unlawful to operate boats equipped with inboard engines with over-the-transom or straight stack § 111.8. [ Bradford County ] (Reserved). type exhausts. [ Stephen Foster Lake—Mt. Pisgah State Park. [ (4) ] (5) Kite skiing and parasailing are prohibited at The operation of boats powered by internal com- all times. bustion motors is prohibited. ] [ (5) The speed of boats is limited to 45 mph. § 111.9. Bucks County. (b) Mauch Chunk Lake. The operation of boats [ (a) Levittown Lake. The operation of boats pow- powered by internal combustion motors is prohib- ered by internal combustion motors is prohibited. ited. (b) Neshaminy Creek. Boats are limited to slow, (c) ] (b) Francis E. Walter Dam. The use of motors in no wake speed from the mouth of Neshaminy Creek excess of 10 horsepower is prohibited. to a point approximately 200 yards upstream from § 111.14. Centre County. the Route 13 Bridge, a distance of approximately (a) Black Moshanon Lake—Black Moshanon 1.5 miles. ] [ State Park. The operation of boats powered by (a) Lake Nockamixon. The operation of boats internal combustion motors is prohibited. powered by internal combustion motors is permit- ted. The use of motors in excess of 20 horsepower is (b) Colyer Lake. The operation of boats powered prohibited. by internal combustion motors is prohibited. (b) Neshaminy Creek. Boats are limited to slow, (c) Poe Valley Lake—. The no wake speed on the entire creek from its headwa- operation of boats powered by internal combustion ters to its confluence with the Delaware River. motors is prohibited. (c) Tyler State Park. The operation of boats powered by (d) Foster Joseph Sayers Lake—Bald Eagle State internal combustion motors is prohibited. Park. ***** (1) Boats are limited to slow, no wake speed in the following areas: § 111.10. Butler County. (i) Hunters Run Cove inlet. [ Glade Run Lake. The operation of boats pow- (ii) The southern end of Hunters Run Cove in the ered by internal combustion motors is prohibited. ] vicinity of boat launching areas. Lake Arthur—. The operation (iii) The northern end of Hunters Run Cove from of boats powered by internal combustion motors is the inlet to the dam. permitted. The use of motors in excess of 20 horse- (iv) Within 100 feet of either side of the Route 26 power is prohibited. highway bridge. § 111.11. Cambria County. (v) From approximately 2,000 feet west of the [ Duman Lake. The operation of boats powered by Upper Greens Run launch ramp through the back- internal combustion motors is prohibited. ] waters of the lake. (2) Waterskiing is prohibited in Hunters Run Glendale Lake—Prince Gallitzin State Park. The Cove. operation of boats powered by internal combustion motors is permitted. The use of motors in excess of (3) It is unlawful to operate boats equipped with 20 horsepower is prohibited. inboard engines with over-the-transom or straight stack type exhausts. § 111.12. [ Cameron County ] (Reserved). (4) The speed of boats is limited to 45 mph. ] [ George B. Stevenson Dam—. The operation of boats powered by internal Foster Joseph Sayers Lake—Bald Eagle State combustion motors is prohibited. ] Park. (1) The operation of boats powered by internal § 111.13. Carbon County. combustion motors is permitted. The speed of boats (a) Beltzville Lake—. is limited to 45 mph. (1) The operation of boats powered by internal (2) Boats are limited to slow, no wake speed in combustion motors is permitted. The speed of boats the following areas: is limited to 45 mph. (i) Hunters Run Cove inlet. [ (1) ] (2) Boats are limited to slow, no wake speed at (ii) The southern end of Hunters Run Cove in the Pine Run, Wild Creek and Pohopoco Creek Bays. vicinity of boat launching areas.

PENNSYLVANIA BULLETIN, VOL. 45, NO. 29, JULY 18, 2015 PROPOSED RULEMAKING 3849

(iii) The northern end of Hunters Run Cove from (e) Woodcock Creek Lake. the inlet to the dam. ***** (iv) Within 100 feet of either side of the Route 26 § 111.21. Cumberland County. highway bridge. [ (a) Laurel Lake—Pine Grove Furnace State (v) From approximately 2,000 feet west of the Park. The operation of boats powered by internal Upper Greens Run launch ramp through the back- combustion motors is prohibited. waters of the lake. (b) Opossum Lake. The operation of boats pow- (3) Waterskiing is prohibited in Hunters Run ered by internal combustion motors is prohibited. Cove. (c) Power Company Dam (Cove Hill) Conodoguinet (4) It is unlawful to operate boats equipped with Creek. inboard engines with over-the-transom or straight stack type exhausts. (1) Water skiing is permitted from 10 a.m. to 1 hour before sunset in a zoned area 500 feet below § 111.15. [ Chester County ] (Reserved). Pikes Pond on the east to Sandy Bottom on the west. Water skiing is prohibited at other times or in [ (a) Marsh Creek Lake—. other areas. The operation of boats powered by internal com- bustion motors is prohibited. (2) This zoned ski area is open for fishing and cruising during the skiing period. Fishing and (b) Struble Lake. The operation of boats powered cruising rafts or boats may not be more than 50 feet by internal combustion motors is prohibited. ] from the south shore if any skiers are operating during the ski period. § 111.17. Clearfield County. (3) Persons operating vessels in this ski area [ (a) Parker Lake—. The during the water skiing period shall operate in a operation of boats powered by internal combustion counterclockwise fashion, insofar as it is reason- motors is prohibited. ably possible, so as to pass a meeting boat on his own left side. Crisscrossing is forbidden. (b) ] (a) Treasure Lake. (4) Permission is granted to establish swim zone ***** areas in the water ski zone area of the creek, in [ (c) ] (b) Bimini Lake. The use of motors in excess of accordance with Chapter 113 (relating to aids to 10 horsepower is prohibited. navigation and obstructions to navigation) out to 50 feet from the north shore. Permission is granted [ (d) ] (c) Curwensville Lake. Boats are limited to slow, to establish swim zone areas in the dam areas, in no wake speeds in the following areas: accordance with Chapter 105 out to 75 feet from shore. (1) Upriver of the cliff at Ferguson. (5) Boats are limited to slow, no wake speed in (2) Between the old viaduct pillars. the channel behind the island from the breast of § 111.18. [ Clinton County ] (Reserved). the dam to the inlet. ] Fuller Lake—Pine Grove Furnace State Park. [ Alvin R. Bush Dam—. Boating is prohibited. The operation of boats powered by internal com- bustion motors is prohibited. ] § 111.23. Delaware County. ***** § 111.19. [ Columbia County ] (Reserved). (b) [ Tinicum Lagoons ] Darby Creek. Boats are [ Briar Creek Lake. The operation of boats pow- limited to slow, no wake speed on the entire creek ered by internal combustion motors is prohibited. ] from its headwaters to its confluence with the Delaware River. § 111.20. Crawford County. § 111.24. Elk County. (a) Canadohta Lake. The operation of boats pow- ered by internal combustion motors is permitted. East Branch Clarion River Lake—Elk State Park. The use of motors in excess of 10 horsepower is prohib- (1) The operation of boats powered by internal ited. combustion motors is permitted. The speed of boats (b) Conneaut Lake. The anchoring of boats is prohibited is limited to 45 mph. It is unlawful to operate boats in the area along the western shoreline of the lake equipped with inboard engines with over-the-transom or commonly referred to as the ‘‘sand bar.’’ The no anchor straight stack type exhausts. zone will extend along the shoreline to a line of buoys. ***** (c) Pymatuning Reservoir—Pymatuning State [ (3) The speed of boats is limited to 45 mph. Park. The operation of boats powered by internal combustion motors is permitted. The use of motors (4) ] (3) Persons shall wear a Coast Guard approved in excess of 20 horsepower is prohibited. personal flotation device at all times when on board boats less than 16 feet in length or any canoe or kayak. [ (c) ] (d) Sugar Lake. The use of motors in excess of § 111.26. Fayette County. 10 horsepower is prohibited. [ (a) Dunlap Creek Reservoir. The operation of [ (d) Tamarack Lake. The operation of boats pow- boats powered by internal combustion motors is ered by internal combustion motors is prohibited. ] prohibited.

PENNSYLVANIA BULLETIN, VOL. 45, NO. 29, JULY 18, 2015 3850 PROPOSED RULEMAKING

(b) Virgin Run Lake. The operation of boats pow- § 111.36. Lancaster County. ered by internal combustion motors is prohibited. ***** (c) ] Youghiogheny River Lake. Persons shall wear a [ (b) Speedwell Forge Lake. The operation of Coast Guard approved personal flotation device at all boats powered by internal combustion motors is times when on board boats less than 16 feet in length or prohibited. any canoe or kayak. (c) ] (b) Susquehanna River. Boats are limited to slow, § 111.29. [ Fulton County ] (Reserved). no wake speed for both of the following: [ (a) Meadow Grounds Lake. The operation of ***** boats powered by internal combustion motors is prohibited. § 111.37. [ Lawrence County ] (Reserved). (b) Cowan’s Gap Lake—Cowan’s Gap State Park. [ Bessemer Lake. The operation of boats powered The operation of boats powered by internal com- by internal combustion motors is prohibited. ] bustion motors is prohibited. ] § 111.38. Lebanon County. § 111.30. Greene County. [ (a) Memorial Lake—Memorial Lake State Park. [ (a) Ronald J. Duke Lake—Ryerson Station State The operation of boats powered by internal com- Park. The operation of boats powered by internal bustion motors is prohibited. combustion motors is prohibited. (b) ] Stoever’s Dam. The operation of boats powered by (b) ] Ten Mile Creek. It is unlawful to operate a boat in internal combustion motors is prohibited. excess of slow, no wake speed. § 111.39. [ Lehigh County ] (Reserved). § 111.31. Huntingdon County. [ (a) Leaser Lake. The operation of boats powered (a) Greenwood Lake—Greenwood Furnace State by internal combustion motors is prohibited. Park. It is unlawful to operate a boat powered by a (b) Lehigh River Allentown Pool—East. Water ski- motor. ing is prohibited. ] (a) (b) Lake Raystown. [ ] § 111.40. Luzerne County. ***** [ (a) Frances Slocum Lake—Francis Slocum State [ (b) Whipple Lake. The operation of boats pow- Park. The operation of boats powered by internal ered by internal combustion motors is prohibited. ] combustion motors is prohibited. (b) Lake Jean—. The op- (c) Perez Lake. The operation of boats powered by eration of boats powered by internal combustion internal combustion motors is prohibited. motors is prohibited. § 111.32. Indiana County. (c) ] (a) Lily Lake. [ (a) Hemlock Lake. The operation of boats pow- (1) Boats with greater than 60 horsepower engines or ered by internal combustion motors is prohibited. greater than 18 feet in length are prohibited. (b) ] (a) Conemaugh River Lake. (2) Boats are limited to slow, no wake speed except those operating within the buoyed high speed operating (1) Persons shall wear a Coast Guard approved per- zone, between noon and sunset between the Saturday sonal flotation device at all times when on board boats preceding Memorial Day and September 30. less than 16 feet in length or any canoe or kayak. [ (d) Mountain Spring Lake. The operation of (2) The operation of boats powered by internal combus- boats powered by internal combustion motors is tion motors is prohibited. prohibited. (b) Yellow Creek Lake—. The operation of boats powered by internal com- (e) ] (b) Francis E. Walter Dam. The use of motors in bustion motors is permitted. The use of motors in excess of 10 horsepower is prohibited. excess of 20 horsepower is prohibited. [ (f) ] (c) Harveys Lake. § 111.33. [ Jefferson County ] (Reserved). (1) The operation of boats powered by internal combustion motors is permitted. [ (a) Kyle Lake. The operation of boats powered by internal combustion motors is prohibited. [ (1) ] (2) The speed of boats is limited to 45 miles per hour from sunrise to sunset on weekends and holidays (b) Cloe Lake. The operation of boats powered by from the Saturday before Memorial Day through Labor internal combustion motors is prohibited. ] Day. § 111.35. [ Lackawanna County ] (Reserved). [ (2) ] (3) The speed of boats is limited to slow, no [ (a) Lackawanna Lake—. wake speed between sunset and sunrise. The operation of boats powered by internal com- § 111.41. Lycoming County. bustion motors is prohibited. [ (a) Little Pine Dam—. The (b) Ford’s Pond. The operation of boats powered operation of boats powered by internal combustion by internal combustion motors is prohibited. ] motors is prohibited.

PENNSYLVANIA BULLETIN, VOL. 45, NO. 29, JULY 18, 2015 PROPOSED RULEMAKING 3851

(b) Rose Valley Lake. The operation of boats pow- (2) Kite skiing and parasailing are prohibited on ered by internal combustion motors is prohibited. weekends and holidays at all locations. Kite skiing and parasailing are prohibited between the Ledge- (c) ] (a) Susquehanna River. Boats are limited to slow, dale Campsite and the Kipp Island/Wallenpaupack no wake speed between Swimmers Island and the south Lake Estates cement boat launch ramp. shore of the Susquehanna River. (3) The area extending 100 feet out from the [ (d) ] (b) Pine Creek. Only boats powered by motors of shoreline shall be considered a special anchorage 10 horsepower or less are permitted from the county line area. Boats anchored or moored within this area downstream to the Route 220 bridge. After January 1, shall be exempt from showing the all-around an- 1995, the operation of internal combustion engines is chor light between sunset and sunrise, but shall be prohibited. lighted sufficiently by a shore light to warn an § 111.43. Mercer County. approaching boat of their presence. Boats anchored within this special anchorage area not so lighted ***** from the shore, and boats anchored outside this (b) [ Lake Wilhelm. The operation of boats pow- special anchorage area shall comply with § 97.4 ered by internal combustion motors is prohibited ] (relating to signals to attract attention) and show the required light from sunset to sunrise. Shore Lake Wilhelm—Maurice Goddard State Park. The lights shall be screened so that the operator of an operation of boats powered by internal combustion approaching boat is not blinded. motors is permitted except from a point approximately 200 yards north of the Interstate 79 causeway over Lake (4) Boats are limited to slow, no wake speed in Wilhelm upstream to the Game Commission Propagation the following areas: Area above the Sheakleyville Causeway (State Route (i) On Wallenpaupack Creek. 1018, Milledgeville Road). (ii) From the Ledgedale Bridge to a point ap- § 111.45. Monroe County. proximately 1,000 feet downstream. [ (a) Gouldsboro Lake—. (iii) From the dam to a point approximately 600 The operation of boats powered by internal com- feet south. bustion motors is prohibited. (iv) Between Cairn’s Island and the Pike County (b) Tobyhanna Lake—. The shore line. operation of boats powered by internal combustion motors is prohibited. (5) Boats are limited to 45 miles per hour from sunrise to sunset on weekends and holidays from (c) Brady’s Lake. The operation of boats powered the Saturday before Memorial Day to Labor Day. by internal combustion motors is prohibited. (6) Boats are limited to 25 miles per hour be- (d) ] Delaware River. The operation of personal water- tween sunset and sunrise. craft is prohibited within the Delaware Water Gap Na- tional Recreation Area. (d) Lower Lake/Upper Lake—. The operation of boats powered by internal § 111.48. Northampton County. combustion motors is prohibited. [ (a) East Bangor Dam. The operation of boats (e) Shohola Lake. The operation of boats powered powered by internal combustion motors is prohib- by internal combustion motors is prohibited. ited. (f) White Deer Lake. The operation of boats pow- (b) Minsi Lake. The operation of boats powered ered by internal combustion motors is prohibited. by internal combustion motors is prohibited. (g) Lake Minisink. The operation of boats pow- (c) ] (a) Delaware River. The operation of personal ered by internal combustion motors is prohibited. watercraft is prohibited within the Delaware Water Gap (h) Pecks Pond. The operation of boats powered National Recreation Area (upstream from mile 209.5). by internal combustion motors is prohibited. [ (d) ] (b) Lehigh River. Boats are limited to slow, no (i) Fairview Lake. Boats are limited to slow, no wake speed in the main channel 150 feet upstream and wake speed from the Commission boat launch to 150 feet downstream from the Route 33 access ramp. the head of the cove. § 111.50. [ Perry County ] (Reserved). (j) Delaware River. The operation of personal wa- tercraft is prohibited in the following areas: [ Little Buffalo—Little Buffalo State Park. The operation of boats powered by internal combustion (1) Upper Delaware Scenic and Recreational motors is prohibited. ] River (upstream from mile 258.4). § 111.52. Pike County. (2) The Delaware Water Gap National Recreation Area (downstream from mile 250). ] [ (a) Bruce Lake. Motors are prohibited. (a) Twin Lakes. It is unlawful to operate a boat (b) Twin Lakes. Motors are prohibited. powered by a motor. (c) Lake Wallenpaupack. (b) Lake Wallenpaupack. (1) Water skiing is prohibited on weekends and (1) Water skiing is prohibited on weekends and holidays at the western end of the lake between a holidays at the western end of the lake between a line about 200 yards east of Cairn’s Island, as line about 200 yards east of Cairn’s Island, as marked by buoys, and the Ledgedale Recreation marked by buoys, and the Ledgedale Recreation Area. Area.

PENNSYLVANIA BULLETIN, VOL. 45, NO. 29, JULY 18, 2015 3852 PROPOSED RULEMAKING

(2) Kite skiing and parasailing are prohibited on § 111.56. Somerset County. weekends and holidays at all locations. Kite skiing and parasailing are prohibited between the [ (a) Laurel Hill Lake. The operation of boats Ledgedale Campsite and the Kipp Island/ powered by internal combustion motors is prohib- Wallenpaupack Lake Estates cement boat launch ited. ramp. (b) Youghiogheny River Lake. (3) The area extending 100 feet out from the (1) Persons shall wear a Coast Guard approved shoreline shall be considered a special anchorage personal flotation device at all times when on area. Boats anchored or moored within this area board boats less than 16 feet in length or any canoe shall be exempt from showing the all-around an- or kayak. chor light between sunset and sunrise, but shall be (2) Boats are limited to slow, no wake speed lighted sufficiently by a shore light to warn an within the following areas: approaching boat of their presence. Boats anchored within this special anchorage area not so lighted (i) Wilkins Hollow Cove. from the shore, and boats anchored outside this (ii) Tub Run Cove. From a line extending in a special anchorage area shall comply with § 97.4 southwesterly direction between the outermost (relating to signals to attract attention) and show points of land on each side of the cove as marked. the required light from sunset to sunrise. Shore lights shall be screened so that the operator of an (iii) Somerfield Recreation Area. As marked in the approaching boat is not blinded. vicinity of the boat launch ramp and marina. (4) Boats are limited to slow, no wake speed in (iv) Fall Run Cove. the following areas: (v) Hall Run Cove. (i) On Wallenpaupack Creek. (vi) Braddocks Run Cove. (ii) From the Ledgedale Bridge to a point ap- (vii) Reason Run Cove. proximately 1,000 feet downstream. (viii) Off Somerfield Hill. (iii) From the dam to a point approximately 600 (c) Lake Somerset. The operation of boats pow- feet south. ered by internal combustion motors is prohibited. (iv) Between Cairn’s Island and the Pike County (d) High Point Lake. The operation of boats pow- shore line. ered by internal combustion motors is prohibited. (5) Boats are limited to 45 miles per hour from (e) Cranberry Glade Lake. The operation of boats sunrise to sunset on weekends and holidays from powered by internal combustion motors is prohib- the Saturday before Memorial Day to Labor Day. ited. ] (6) Boats are limited to 25 miles per hour be- Youghiogheny River Lake. tween sunset and sunrise. (1) Persons shall wear a Coast Guard approved (c) Fairview Lake. Boats are limited to slow, no personal flotation device at all times when on wake speed from the Commission boat launch to board boats less than 16 feet in length or any canoe the head of the cove. or kayak. (d) Delaware River. The operation of personal (2) Boats are limited to slow, no wake speed watercraft is prohibited in the following areas: within the following areas: (1) Upper Delaware Scenic and Recreational (i) Wilkins Hollow Cove. River (upstream from mile 258.4). (ii) Tub Run Cove from a line extending in a southwesterly direction between the outermost (2) The Delaware Water Gap National Recreation points of land on each side of the cove as marked. Area (downstream from mile 250). (iii) Somerfield Recreation Area as marked in the § 111.53. [ Potter County ] (Reserved). vicinity of the boat launch ramp and marina. [ Lyman Lake—. The opera- (iv) Fall Run Cove. tion of boats powered by internal combustion mo- (v) Hall Run Cove. tors is prohibited. ] (vi) Braddocks Run Cove. § 111.54. [ Schuylkill County ] (Reserved). (vii) Reason Run Cove. [ (a) Locust Lake—. The (viii) Off Somerfield Hill. operation of boats powered by internal combustion motors is prohibited. § 111.57. [ Sullivan County ] (Reserved). (b) Tuscarora Lake—Tuscarora Lake State Park. [ Hunters Lake. The operation of boats powered The operation of boats powered by internal com- by internal combustion motors is prohibited. ] bustion motors is prohibited. ] § 111.58. Susquehanna County. § 111.55. [ Snyder County ] (Reserved). ***** [ Walker Lake. The operation of boats powered by [ (g) Stump Pond. The operation of boats powered internal combustion motors is prohibited. ] by internal combustion motors is prohibited.

PENNSYLVANIA BULLETIN, VOL. 45, NO. 29, JULY 18, 2015 PROPOSED RULEMAKING 3853

(h) ] (g) Tripp Lake. The operation of boats powered by § 111.62. Warren County. internal combustion motors is prohibited. [ (a) ] Allegheny River Reservoir (Kinzua Dam). [ (i) Upper Lake, New Milford Township. Motors ***** are prohibited. ] [ (b) Chapman Lake—. The (h) Upper Lake, New Milford Township. It is un- operation of boats powered by internal combustion lawful to operate a boat powered by a motor. motors is prohibited. ] § 111.59. Tioga County. § 111.63. Washington County. [ (a) Beechwood Lake. The operation of boats [ (a) Canonsburg Lake. The operation of boats powered by internal combustion motors is prohib- powered by internal combustion motors is prohib- ited. ited. (b) ] (a) Cowanesque Lake. Boats are limited to slow, (b) Dutch Fork Lake. The operation of boats pow- no wake speed in the following areas: ered by internal combustion motors is prohibited. (1) Mapes Creek Cove. (c) ] Cross Creek Lake. The use of motors in excess of 10 horsepower is prohibited. (2) Baldwins Creek Cove. § 111.64. Wayne County. (3) Between the buoy lines across the lake in the vicinity of East and West Boat Launch areas. [ (a) Belmont Lake. The operation of boats pow- ered by internal combustion motors is prohibited. (4) From the buoy line west of the South Shore Use Area upstream to the headwaters of the lake. (b) Duck Harbor Pond. [ (c) ] (b) Hammond Lake. Boats are limited to slow, (1) A boat may not tow more than one water ski no wake speed from a buoy line across the lake in the device on weekends and holidays from the Satur- vicinity of Ives Run to the extreme backwaters of the day preceding Memorial Day through Labor Day. lake. (2) The speed of boats is limited to slow, no wake [ (d) Hills Creek Lake—. speed between the hours of 6 p.m. and 10 a.m. The operation of boats powered by internal com- (c) Long Pond. bustion motors is prohibited. (1) Water skiing is permitted from 10 a.m. until 5 (e) Nessmuk Lake. The operation of boats pow- p.m. on weekends and holidays and from 10 a.m. ered by internal combustion motors is prohibited. until sunset on weekdays other than holidays. (f) ] (c) Tioga Lake. Boats are limited to slow, no wake (2) A boat may not tow more than one water ski speed in the following areas: device on weekends and holidays from the Satur- day preceding Memorial Day through Labor Day. (1) Between the [ route ] Route 15 bridge and the (3) The speed of boats is limited to slow, no wake extreme backwaters of the Mill Creek Arm. speed from sunset until sunrise. (2) From the vicinity of Big Rift Creek to the extreme (d) Lower Woods Pond. The operation of boats backwaters of the lake. powered by internal combustion motors is prohib- [ (g) ] (d) Pine Creek. Only boats powered by motors of ited. 10 horsepower or less are permitted from the county line (e) Millers Pond. The operation of boats powered downstream to the Route 220 bridge. After January 1, by internal combustion motors is prohibited. 1995, the operation of internal combustion engines is prohibited. (f) Prompton Lake. The use of motors in excess of 10 horsepower is prohibited. (Editor’s Note: The following section is new and printed (g) Upper Woods Pond. The operation of boats in regular type to enhance readability.) powered by internal combustion motors is prohib- § 111.60. Union County. ited. Halfway Lake—R.B. Winter State Park. Boating is (h) Lake Wallenpaupack. Pike County special prohibited. regulations applicable to Lake Wallenpaupack at § 111.52(c) (relating to Pike County) also apply to § 111.61. Venango County. the Wayne County portion of Lake Wallenpaupack. [ (a) Kahle Lake. The operation of boats powered (i) White Oak Pond. The operation of boats pow- by internal combustion motors is prohibited. ered by internal combustion motors is prohibited. (b) ] Two Mile Run County Park. (j) Delaware River. The operation of personal wa- tercraft is prohibited within the Upper Delaware (1) The operation of boats powered by internal combus- tion motors is prohibited. Scenic and Recreational River. ] (2) Sailboats greater than 14 feet in length and (a) Duck Harbor Pond. multihull sailboats are prohibited. (1) The operation of boats powered by internal combustion motors is permitted. (3) Inflatable boats shall be greater than 7 feet in length, made of tough, reinforced fabric and have at least (2) A boat may not tow more than one water ski two separate buoyancy chambers exclusive of any inflat- device on weekends and holidays from the Satur- able floor or bottom. day preceding Memorial Day through Labor Day.

PENNSYLVANIA BULLETIN, VOL. 45, NO. 29, JULY 18, 2015 3854 PROPOSED RULEMAKING

(3) The speed of boats is limited to slow, no wake internal combustion motors is prohibited. ] Lake speed between the hours of 6 p.m. and 10 a.m. Marburg—. The operation of (b) Long Pond. boats powered by internal combustion motors is permitted. The use of motors in excess of 20 horse- (1) The operation of boats powered by internal power is prohibited. combustion motors is permitted. ***** (2) Water skiing is permitted from 10 a.m. until 5 p.m. on weekends and holidays and from 10 a.m. CHAPTER 115. BOATS CARRYING PASSENGERS until sunset on weekdays other than holidays. FOR HIRE (3) A boat may not tow more than one water ski § 115.11. Personal flotation devices. device on weekends and holidays from the Satur- It is unlawful to operate a boat carrying passengers for day preceding Memorial Day through Labor Day. hire unless it carries sufficient, serviceable [ Type I, II, (4) The speed of boats is limited to slow, no wake III or V ] United States Coast Guard-approved speed from sunset until sunrise. wearable personal flotation devices in accordance (c) Prompton Lake—. The with § 97.1 (relating to personal flotation devices) operation of boats powered by internal combustion to provide one for the maximum number of passengers motors is permitted. The use of motors in excess of and crew members indicated on the certificate. It is 10 horsepower is prohibited. unlawful to operate a boat carrying passengers for hire unless it carries an additional number of personal flota- (d) Lake Wallenpaupack. Pike County special tion devices suitable for children equal to at least 10% of regulations applicable to Lake Wallenpaupack at the maximum capacity of the boat. If more than 10% of § 111.52(b) (relating to Pike County) also apply to the passengers are children, additional personal flotation the Wayne County portion of Lake Wallenpaupack. devices sized for children are required. (e) Delaware River. The operation of personal [Pa.B. Doc. No. 15-1320. Filed for public inspection July 17, 2015, 9:00 a.m.] watercraft is prohibited within the Upper Delaware Scenic and Recreational River. § 111.65. Westmoreland County. [ (a) Lake Donegal. The operation of boats pow- ered by internal combustion motors is prohibited. [ 58 PA. CODE CH. 61 ] (b) Keystone Lake—Keystone State Park. The op- Fishing; Seasons, Sizes and Creel Limits eration of boats powered by internal combustion motors is prohibited. The Fish and Boat Commission (Commission) proposes to amend Chapter 61 (relating to seasons, sizes and creel (c) ] (a) Conemaugh River Lake. limits). The Commission is publishing this proposed rule- (1) Persons shall wear a Coast Guard approved per- making under the authority of 30 Pa.C.S. (relating to sonal flotation device at all times when on board boats Fish and Boat Code) (code). less than 16 feet in length or any canoe or kayak. A. Effective Date (2) The operation of boats powered by internal combus- The proposed rulemaking, if approved on final-form tion motors is prohibited. rulemaking, will go into effect on January 1, 2016. [ (d) ] (b) Loyalhanna River Lake. All persons shall B. Contact Person wear a Coast Guard approved personal flotation device at all times when on board boats less than 16 feet in length For further information on the proposed rulemaking, or any canoe or kayak. contact Laurie E. Shepler, Esq., P.O. Box 67000, Harris- burg, PA 17106-7000, (717) 705-7810. This proposed rule- § 111.66. Wyoming County. making is available on the Commission’s web site at [ (a) Stevens Lake. The operation of boats pow- www.fish.state.pa.us. ered by internal combustion motors is prohibited. C. Statutory Authority (b) ] Lake Winola. The proposed amendment to § 61.2 (relating to Dela- ware River, West Branch Delaware River and River (1) The operation of boats powered by internal Estuary) is published under the statutory authority of combustion motors is permitted. section 2102 of the code (relating to rules and regula- [ (1) ] (2) A boat may not tow more than one water ski tions). device on weekends and holidays from the Saturday D. Purpose and Background preceding Memorial Day through Labor Day. The proposed rulemaking is designed to improve, en- [ (2) ] (3) The speed of boats is limited to slow, no hance and update the Commission’s fishing regulations. wake speed from sunset to sunrise, 7 days a week, The specific purpose of the proposed amendment is year-round, and from sunrise to 11 a.m. on Sundays from described in more detail under the summary of proposal. the day before Memorial Day until Labor Day. E. Summary of Proposal [ (3) ] (4) The speed of boats is limited to 35 mph from The management plan for Striped Bass of the Atlantic sunrise to sunset on weekends and holidays. States Marine Fisheries Commission (ASMFC) calls for § 111.67. York County. management actions when the coastwide spawning stock biomass (SSB) or fishing mortality rates reach thresholds (a) [ Pinchot Lake (Conewago Lake)—Gifford Pin- set within the management plan. The SSB threshold is chot State Park. The operation of boats powered by 127 million pounds. The current SSB is just above this at

PENNSYLVANIA BULLETIN, VOL. 45, NO. 29, JULY 18, 2015 PROPOSED RULEMAKING 3855

128 million pounds. At the current fishing mortality F. Paperwork rates, there is concern that the SSB will fall below the threshold in the near future. In addition to these con- The proposed rulemaking will not increase paperwork cerns, recruitment of young fish has been relatively low and will not create new paperwork requirements. in many of the years since 2004. In response to these G. Fiscal Impact concerns, the ASMFC Striped Bass Management Board, which includes the Commonwealth as a member, has The proposed rulemaking will not have adverse fiscal directed coastal states to reduce fishing mortality rates by impact on the Commonwealth or its political subdivisions. 25% beginning in 2015. The proposed rulemaking will not impose new costs on the private sector or the general public. ASMFC has directed that the reduction in harvest be implemented prior to the 2015 fishing season. In this H. Public Comments Commonwealth, the Striped Bass fishery in the Delaware River and Estuary typically begins in early March. To Interested persons are invited to submit written com- meet this deadline, the Executive Director, acting under ments, objections or suggestions about the proposed rule- the authority of § 65.25 (relating to temporary changes to making to the Executive Director, Fish and Boat Commis- fishing regulations), took immediate action to amend sion, P.O. Box 67000, Harrisburg, PA 17106-7000 within § 61.2. Specifically, the Executive Director amended this 30 days after publication of this proposed rulemaking in section to decrease the creel limit for Striped Bass in the the Pennsylvania Bulletin. Comments submitted by fac- River Estuary (from the Pennsylvania line upstream to simile will not be accepted. Calhoun Street Bridge) during the periods January 1 Comments also may be submitted electronically by through March 31 and June 1 through December 31 to completing the form at www.fishandboat.com/reg one fish and to change the slot limit during the period comments. If an acknowledgment of electronic comments April 1 through May 31 to 21 to 25 inches. The Executive is not received by the sender within 2 working days, the Director also amended the section to decrease the creel comments should be retransmitted to ensure receipt. limit for Striped Bass in the Delaware River (from the Electronic comments submitted in any other manner will Calhoun Street Bridge upstream) to one fish. The tempo- not be accepted. rary changes went into effect on March 1, 2015, and will remain in effect until the Commission, by appropriate JOHN A. ARWAY, action, amends § 61.2. Executive Director The Commission proposes to amend § 61.2 to read as Fiscal Note: 48A-266. No fiscal impact; (8) recom- set forth in Annex A. mends adoption.

Annex A TITLE 58. RECREATION PART II. FISH AND BOAT COMMISSION Subpart B. FISHING CHAPTER 61. SEASONS, SIZES AND CREEL LIMITS § 61.2. Delaware River, West Branch Delaware River and River Estuary. ***** (d) The following seasons, sizes and creel limits apply to the Delaware River, West Branch Delaware River and Delaware River tributaries, from the mouths of the tributaries upstream to the limit of the tidal influence and the Lehigh River from its mouth upstream to the first dam in Easton, Pennsylvania: SPECIES SEASONS MINIMUM SIZE DAILY LIMIT ***** STRIPED BASS and HYBRID From Pennsylvania line STRIPED BASS upstream to Calhoun Street Bridge: 1 January 1 until March 31 and 28 inches June 1 until December 31[ . ]

April 1 through May 31 [ 20 to 26 ] 21 to 25 2 inches From Calhoun Street Bridge 28 inches 1 upstream: open year-round *****

[Pa.B. Doc. No. 15-1321. Filed for public inspection July 17, 2015, 9:00 a.m.]

PENNSYLVANIA BULLETIN, VOL. 45, NO. 29, JULY 18, 2015