PENNSYLVANIA Proposed  Rulemaking  by the Boating Advisory Board (BAB) synopsized

Amendment Section 111.17 

Curwensville Lake is a U.S. Army Corps of Engineers, Baltimore District  impoundment of the West Branch of the Susquehanna River in central Clearfield County. It is recommended that boats are limited to slow, no wake speeds in the following areas:

1.Upriver of the cliff at Ferguson .       

2. Between the old viaduct pillars.

Proposal that §105.3 (9) be amended as follows:  Unacceptable boating practices.  It is unlawfull to operate a pontoon boat while a person is riding outside the passenger carrying area.  The passenger carrying area is defined by continuous railings or enclosed spaces intended for persons to use while the pontoon boat is underway.  The prohibition does not apply when the operator of the boat is docking, mooring, anchoring or rafting the pontoon boat [or when the pontoon boat is underway at slow minimum height swell speed or less].

Amendment to Section 91.5 

Parental and Boat Owner The Commission’s current regulations do not include a provision making it unlawful for a boat owner knowingly to allow someone to operate a boat without a boating safety education certificate onboard when the individual is required to have one.

It is unlawful for a parent or guardian of a child 17 years of age or younger knowingly to allow or permit the child to operate [a watercraft] boat in violation of this subpart.

(a)It is unlawful for the owner of a boat knowingly to allow an individual who is required to have a boating safety education certificate to operate the boat without having a boating safety education certificate onboard.

Amendment to Section 95.3 (Lights for Boats).

 (a) Boats less than 12 meters (39 feet 4.4 inches) in length while underway

 (b)  A sailboat using sail alone, less than 7 meters (22 feet 11.6 inches) in length or any other unpowered boat if impractical to display lights in may display a single white light in time to prevent a collision.

 (c)  [Rowing or paddle boats while underway.  One hand held or permanent all around white light shall be ready to display in time to prevent a collision. [d] Boat at anchor. [e] Locations of lights The [all-around] all-round white lights shall be 1 meter (3 feet 3.4 inches) higher than the colored lights.

Amendments to Section 53.8 (Boats) and Section 97.1 (Personal Flotation Deices).§53.8.  Boats.

 (a) Occupants of sculls, shells and racing kayaks are required to carry or wear Coast Guard approved personal flotation devices.

§97.1.  Personal flotation devices.

This section does not apply to racing shells, rowing sculls and racing kayaks, such as manually propelled boats recognized by National racing associations for use in competitive racing, where the occupants row, scull or paddle with the exception of the coxswain.

[Safety boats accompanying the boats shall carry a sufficient number of readily accessible Type I, II, III or V PFDs for the occupants of the shells, sculls or kayaks. This exemption does not apply on Commission and State Park owned or controlled boating waters.]

 109.6 Special Marine Events

 The Commission will not issue a special activities permit for a marine event [in a State Park] unless the the applicant first obtains written permission [from the Bureau of State Parks, Department of Conservation and Natural Resources,] ] The Commission will require evidence that the applicant has the permission of the controlling [agency] entity unless that [agency] entity has delegated approval authority to the Commission.

 Amendment to Section 97.3 (Sound Producing Devices).

 Sound producing devices.

 Unpowered boat operators are required to have some means of making an efficient oral or mechanical sound signal that can be heard by another boat operator in time to avoid a collision.

 Addition of Section 111.68 

The PFBC’s officers would like the ability to utilize PFBC law enforcement procedures to deal with individuals violating motor prohibitions on PGC lakes

new §111.68 as follows: The operation of boats powered by internal combustion motors is prohibited on all lakes owned or controlled by the Pennsylvania Game Commission unless posted otherwise.

 New OHIO Boating Laws

OH Senate Bill 271 was recently signed into law.“

1.Failure to control” as new boat operator rule. This rule is set to clarify conditions of property damage and injury collision. Specific examples of failure to control are jet boats that lose steerage when throttle is reduced, sailing through congested harbor, and such that cause accidents.

2.Creating a ‘no-wake zone” requiring boat operators to reduce to no wake speed when passing any boat engaged in public service. This includes law enforcement, fireboats, search and rescue, dredges and tow services.

3.Increasing horsepower in Pymatuning Lake in northeastern OH to 20 horsepower. 2/3 of the lake is in Pennsylvania. OH is seeking to clarify confusion about the horsepower issues on the lake. *

4.Permit boaters to slow to ski tubes and other towables in no-wake zones to create additional recreational opportunities for those physically unable to manage or do not desire the higher speeds.

 5.Allow children to under 10 years of age on watercraft under 10 feet in length to wear swimsuit style life jackets.

 6.Allows the electronic transfer of titles for outboard motors. It is hoped that this provision will speed up the time to transfer titles by eliminating the need for a watercraft dealer to be the primary issuer of a physical title.

CLEAN BOATING ACT

 President Signs Clean Boating Act After long debate, President Bush has signed S.2766. This is also known as the “Clean Boat Act of 2008”. This act permanently restores an exemption for recreational boats from permit procedures necessary to operate in US

 Waterways. Known as “common sense” legislation, many groups are to be thanked for their tireless work to ensure the recreational exemption was restored. To view a full copy of the bill, go to www.govtrack.us and search S. 2766.

GREAT LAKES

 Governor Edward Rendell has signed into H.B. 1705 showing  Pennsylvania’s dedication to the protection of the Great Lakes River Basin.

 The bill is designed to protect, conserve, improve and restore the resources for the River Basin. Pennsylvania joins Minnesota, Illinois, Indiana, New York, Wisconsin, Ohio and Michigan in  approving the agreement.

 Great Lakes governors and environmentalists today applauded as the House of Representatives voted 390 to 25 to approve a bill to ensure more sustainable use of the Great Lakes, which contain 90 percent of the fresh surface water in North America.

The Great Lakes-St. Lawrence River Basin Water Resources Compact has already been passed by the Senate and individually by the legislatures of each of the Great Lakes states.

The congressional action completes a seven-year-long legislative approval process.The resolution now goes to President George W. Bush, who has committed to sign it. 

Government wants saltwater anglers to register, pay fee

Saltwater anglers would need to register with the federal government to go fishing next year, and starting in 2011 pay an annual fee between $15 and $25 to be paid to the PA Fish & Boat Commission 

The goal of the proposal is to assemble a better database of recreational fishermen so they can be interviewed more thoroughly on what they catch. This information would be used to better manage fisheries.

 NOAA  surveys are now based on meetings with anglers when they return to the dock and using phone books from coastal areas to cold-call people about their fishing habits.

 The only thing everybody seems to agree on is that the existing data collection system is seriously flawed.

 NOAA is simply stressing the idea that good data would lead to better management and this would prevent overfishing, which is good for the sport's future.

 An outreach effort is planned for later this year that will include getting the message out to those who do not speak English. Anglers would have to register before their first fishing trip in 2009.