PRINTER'S NO. 2375
No. 1848 Session of 1989
INTRODUCED BY McCALL, SEPTEMBER 18, 1989
REFERRED TO COMMITTEE ON CONSERVATION, SEPTEMBER 18, 1989
AN ACT
1 Amending the act of April 5, 1982 (P.L.222, No.71), entitled "An
2 act designating a portion of the Lehigh River as a component
3 of the Pennsylvania Scenic Rivers System in accordance with
4 the Pennsylvania Scenic Rivers Act; providing for
5 cooperation, limitation of liability and regulation of river
6 recreational usage and authorizing the expenditure of
7 moneys," providing for craft capacity guidelines.
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10 Section 1. The title and sections 2 and 3 of the act of
11 April 5, 1982 (P.L.222, No.71), known as the Lehigh Scenic River
12 Act, are amended to read:
13 AN ACT
14 Designating a portion of the Lehigh River as a component of the
15 Pennsylvania Scenic Rivers System in accordance with the
16 Pennsylvania Scenic Rivers Act; providing for cooperation,
17 limitation of liability and regulation of river craft
18 capacity and recreational usage; and authorizing the
19 expenditure of moneys.
20 Section 2. Legislative findings and purpose.
1 The Department of Environmental Resources has, in accordance
2 with the act of December 5, 1972 (P.L.1277, No.283), known as
3 the "Pennsylvania Scenic Rivers Act," fulfilled its obligations
4 and responsibilities prerequisite to the designation of a
5 portion of the Lehigh River as a component of the Pennsylvania
6 Scenic Rivers System. The designation of this Lehigh Scenic
7 River component by this act is with the view of conserving and
8 enhancing its scenic quality and of promoting public
9 recreational enjoyment, in accordance with the policy and
10 provisions of the "Pennsylvania Scenic Rivers Act." It is the
11 further purpose of this act to protect the quality of this
12 natural resource by establishing guidelines for craft capacity
13 in order to maintain the natural beauty of this resource and
14 prevent jeopardy to public safety and enjoyment.
15 Section 3. Definitions.
16 The following words and phrases when used in this act shall
17 have, unless the context clearly indicates otherwise, the
18 meaning given to them in this section:
19 "Carrying capacity." The level of use which a resource can
20 support without causing a change, incapable of restoration by
21 natural means, in the environment and without causing an unsafe
22 condition for resource users.
23 "Craft capacity." The maximum number of craft, including
24 both private and outfitter allocations, which can be safely used
25 in accordance with the purposes of this act.
26 "Department." The Department of Environmental Resources of
27 the Commonwealth.
28 "Lehigh Scenic River component." That segment of the Lehigh
29 River which has been designated as a component of the
30 Pennsylvania Scenic Rivers System.
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1 "Outfitter." A person, corporation, partnership, association
2 or organization of any kind, whether organized for profit or not
3 for profit, which regularly and knowingly provides services or
4 craft intended for use on the Lehigh Scenic River component in
5 return for remuneration or compensation of any kind or amount.
6 "Outfitter allocation." That portion of the craft capacity
7 allocated to outfitters.
8 "Private allocation." That portion of the craft capacity
9 allocated to private craft.
10 "Private craft." All craft not owned or provided by an
11 outfitter.
12 "Services." The service of guides, instructors, advisors,
13 observers, trainers, equipment tenders or escorts who are
14 provided to accompany or oversee any craft or craft users on the
15 Lehigh Scenic River component in return for remuneration or
16 compensation of any kind or amount.
17 Section 2. The act is amended by adding sections to read:
18 Section 7.1. Powers of department.
19 The department shall have the power and its duty shall be to
20 promulgate, administer and enforce rules, regulations and
21 penalties to carry out the provisions of this act.
22 Section 7.2. Craft capacity guidelines.
23 The department shall utilize the following guidelines when
24 regulating and determining the private and outfitter allocations
25 for the Lehigh Scenic River component:
26 (1) Fifty percent of the craft capacity shall be
27 designated and reserved for private allocations, and 50%
28 shall be designated and reserved for outfitter allocations.
29 The determination of total craft capacity is the
30 responsibility of the department, but any change in craft
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1 capacity must preserve the ratio set forth in this paragraph.
2 (2) No outfitter may provide more craft on a daily basis
3 than the number allocated in its license from the department.
4 (3) All craft owned or operated by an outfitter must be
5 identified clearly with outfitter designations approved by
6 the department.
7 (4) All craft must meet the safety requirements
8 established by the department for such craft.
9 Section 3. This act shall take effect in 60 days.
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