Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart A - General Provisions › Chapter 53 - COMMISSION PROPERTY › Section 53.16 - Special use

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Property owned
				  or controlled by the Commission is intended for use as is related to fishing,
				  boating and other public purposes of the Commission. Except with the express
				  written permission of the Executive Director or his designee, it is unlawful to
				  use Commission-owned or -controlled property for personal, organizational or
				  commercial purposes other than the intended use of the property.
(b) The Executive Director or a designee may
				  issue special activity permits for special uses of Commission property to
				  persons and organizations such as scout, church groups, fire and rescue
				  organizations, Red Cross and like organizations, when it is determined that the
				  use will not damage Commission property or interfere with its use for its
				  normally intended purposes by members of the public. The sponsors of a special
				  activity permitted to take place on Commission property shall have a copy of
				  the permit issued under this authority in their possession during the activity
				  or event and shall, upon request, display the permit to authorized Commission
				  personnel.
(c) It is unlawful to
				  launch or retrieve swimming aides, such as inner tubes, from Commission-owned
				  or -controlled access areas.
(d)
				  Commission-owned and -controlled access areas are for the use of the fishing
				  and boating public and may not be converted to a commercial use that impairs
				  free public use of the areas. Limited commercial use relating to fishing and
				  boating that does not interfere with free public use of the access will be
				  permitted subject to the following conditions:
(1) Boats launched or retrieved from
				  Commission-owned and -controlled access areas must be currently registered or
				  display current launch permit decals.
(2) The commercial enterprise may not
				  interfere in any way with the free public use of the ramp, parking or other
				  facilities at the access area.
(i) For
				  Commission-owned and -controlled access areas with eight parking spaces or
				  less, no more than one of the available parking spaces may be used by the
				  commercial enterprise.
(ii) For
				  Commission-owned and -controlled access areas with nine to 20 parking spaces,
				  no more than three of the available parking spaces may be used by the
				  commercial enterprise.
(iii) For
				  Commission-owned and -controlled access areas of 21 parking spaces or more, no
				  more than five of the available parking spaces may be used by the commercial
				  enterprise.
(iv) Pretrip
				  instructions provided by the commercial enterprise to its customers shall be
				  conducted in an area at the access area away from the launch ramp so as to not
				  interfere with other parties launching boats.
(3) The commercial enterprise shall yield at
				  all times to other public users of the boat ramp when launching or retrieving
				  boats.
(4) The use of a
				  Commission-owned and -controlled access area shall be based on the facility in
				  its current condition. The Commission will not add amenities or make
				  improvements at the access based on increased commercial use of the
				  access.
(5) This subsection does
				  not apply to persons who operate an authorized concession at Commission-owned
				  or -controlled access areas.
(6)
				  This subsection does not apply to accesses on the upper Delaware River where
				  Commercial Use Authorization Provisions for Guides are in force by the National
				  Park Service.
(7) As used in this
				  subsection, the term "commercial enterprise" means a business that rents or
				  loans boats for consideration.