Life jacket wear in PA

[Big_Spinner]

FYI – E-mail from Sandy Schultz of the National Park Service.
Dave

-----Original Message-----
From: Sandra_Schultz@nps.gov [mailto:Sandra_Schultz@nps.gov]
Sent: Monday, November 06, 2006 12:10 PM
Subject: Re: e-mail address change

Just a reminder that the Pennsylvania Fish and Boat Commission’s comment period is fast approaching.


“The Commission accordingly proposes to amend § 97.1 to require the wearing of Coast Guard approved PFDs by all persons when on board boats less than
16 feet in length or a canoe or kayak during the period from October 1 through May 31. The Commission proposes that this section will read as set forth in Annex A. The Commission also seeks public comments on an alternative proposal that would require all persons to wear Coast Guard approved PFDs on boats less than 16 feet in length or a canoe or kayak on a year-round basis.”

We, at the NPS Upper Delaware are commenting in favor of the regulation and are proposing its extension to year-round mandatory wear in moving water

Thanks,

Sandra S. Schultz, Assistant Superintendent

National Park Service
Upper Delaware Scenic & Recreational River
274 River Road
Beach Lake, PA 18405

voice 570-729-8251 fax 570-729-8565


________________________________________
From: Dave Soete [mailto:udcsoete@hvc.rr.com]
Sent: Friday, November 03, 2006 11:17 AM
Subject: RE: PFBC Boating; Personal Floatation Devices

FYI – The Upper Delaware Council approved this letter to the PA Fish and Boat Commission at their 11/2/2006 monthly meeting.
Dave


November 2, 2006

DR. DOUGLAS J. AUSTEN, EXECUTIVE DIRECTOR
PENNSYLVANIA FISH AND BOAT COMMISSION
PO BOX 67000
HARRISBURG PA 17106-7000

RE: Proposed Amendment to 58 PA. CODE CH. 97 Relating to the Wearing of Personal Floatation Devices (PFD) When On Board Boats Less than 16 Feet in Length or a Canoe or Kayak

Dear Dr. Austen:

The Upper Delaware Council (UDC) is aware from a “Proposed Rulemaking” notice in the October 14, 2006 issue of the Pennsylvania Bulletin that the Pennsylvania Fish and Boat Commission (PFBC) proposes to amend Section 97.1 to “require the wearing of Coast Guard approved personal floatation devices (PFDs) by all persons when on board boats less than 16 feet in length or a canoe or kayak during the period from October 1 through May 31.” Interested persons were invited to submit written comments, objections or suggestions about the proposed rulemaking to the PFBC within 30 days after publication of the proposed rulemaking in the Pennsylvania Bulletin. The Commission also sought public comments on an alternative proposal that would require all persons to wear Coast Guard-approved PFDs on boats less than 16 feet in length or a canoe or kayak on a year-round basis.

The UDC agrees that boater safety is of the utmost importance, but we are concerned how the proposed rule will be administered on border waters, particularly areas such as the Upper Delaware Scenic and Recreational River where regulations in adjoining states may not be consistent with the PFBC regulations.

The UDC is the oversight body responsible for the coordinated implementation of the River Management Plan for the Upper Delaware Scenic and Recreational River, a component of the National Wild and Scenic Rivers System. Our voting members are the two states (NY and PA) and eleven local governments (NY Towns and PA Townships) which border on the Upper Delaware River. The Delaware River Basin Commission (DRBC) is a non-voting member of the Council. We operate under a direct contractual relationship with the National Park Service (NPS) for the oversight, coordination, and implementation of many elements of the River Management Plan.

Over 200,000 boaters each year are estimated to recreate on the Upper Delaware Scenic and Recreational River. Commercial boating liveries operating on the Upper Delaware are licensed by the NPS and required to give a safety briefing before boaters get on the river. The NPS also does extensive boating safety education through posters, brochures, and presentations. The National Canoe Safety Patrol volunteer organization also has a strong presence. In Pennsylvania, all children 12 years of age or younger are currently required to wear a life jacket when underway on a boat that is 20 feet in length or less and all canoes and kayaks. Beyond being a statewide regulation, however, ensuring youngsters are wearing a properly fitting PFD is also common sense. The wearing of PFDs by all boaters is encouraged, and it is noted that they must be readily accessible in the vessels as the present regulations require, but it is widely known that people often take them off at some point or prefer not to wear them at all. We question if the PFBC and NPS have sufficient personnel to adequately enforce the proposed rule and wonder how the rule will be enforced for boaters launching from New York State public accesses, where PFDs are not required for those over age 12?

We understand that the commercial boating liveries are being increasingly pressured by insurance carriers to require the mandatory wearing of PFDs, but compliance remains an issue. We expect that many traditional anglers, walleye fishermen for example, fishing from relatively stable bass boats on pools in the river may resent wearing PFDs. Commercial fishing guides and their clients using drift boats may also not welcome the PFD requirement.

The UDC is not necessarily opposed to the proposed rule to require the wearing of Coast Guard-approved PFDs by all persons when on board boats less than 16 feet in length or a canoe or kayak during the period from October 1 through May 31, but before such a rule is enacted or expanded to year-round, we suggest that more discussion with all stakeholders may be needed, together with more safety education of the general boating public, and that the issue of consistency with other state regulations on border waters be addressed.

Thank you for the opportunity to comment on this proposed rulemaking. If you have any questions, please do not hesitate to contact our Executive Director, Bill Douglass.

Sincerely,


Charles Wieland,
Chairperson

cc: Hon. Charles D. Lemmond, Jr., PA State Senator 20th District
Hon. Jerry Birmelin, PA State Representative 139th District
Hon. Sandra J. Major, PA State Representative 111th District
Hon. John Bonacic, NY State Senator 42nd District
Hon. Aileen Gunther, NY State Assemblywoman 98th District
Hon. Clifford Crouch, NY State Assemblyman 107th District
Carol Collier, Executive Director, DRBC
Dennis DeMara, PA DCNR and UDC Rep.
Denise Sheehan, NYS DEC Commissioner
William Rudge, NYS DEC and UDC Rep.
David Forney, Superintendent, National Park Service - UDSRR
File


________________________________________
From: Dave Soete [mailto:udcsoete@hvc.rr.com]
Sent: Thursday, November 02, 2006 9:50 AM
Subject: FW: PFBC Boating; Personal Floatation Devices
Importance: High

Just a reminder that the Pennsylvania Fish and Boat Commission’s comment period is fast approaching.
“The Commission accordingly proposes to amend § 97.1 to require the wearing of Coast Guard approved PFDs by all persons when on board boats less than 16 feet in length or a canoe or kayak during the period from October 1 through May 31. The Commission proposes that this section will read as set forth in Annex A. The Commission also seeks public comments on an alternative proposal that would require all persons to wear Coast Guard approved PFDs on boats less than 16 feet in length or a canoe or kayak on a year-round basis.”
Dave

________________________________________
From: David B. Soete [mailto:dbs1@ptd.net]
Sent: Saturday, October 14, 2006 11:18 PM
Subject: PFBC Boating; Personal Floatation Devices
Importance: High

FYI – From the 10/14/2006 Pennsylvania Bulletin.
Dave

PROPOSED RULEMAKING
FISH AND BOAT COMMISSION
[58 PA. CODE CH. 97]
Boating; Personal Floatation Devices
[36 Pa.B. 6288]
[Saturday, October 14, 2006]
The Fish and Boat Commission (Commission) proposes to amend Chapter 97 (relating to operator provided equipment). The Commission is publishing this proposed rulemaking under the authority of 30 Pa.C.S. (relating to the Fish and Boat Code) (code). The proposed rulemaking relates to the wearing of personal floatation devices (PFD) when on board boats less than 16 feet in length or a canoe or kayak.
A. Effective Date
The proposed rulemaking, if approved on final-form, will go into effect immediately upon publication in the Pennsylvania Bulletin.
B. Contact Person
For further information on the proposed rulemaking, contact Jason E. Oyler, Esq., P. O. Box 67000, Harrisburg, PA 17106-7000, (717) 705-7827. This proposed rulemaking is available on the Commission's website at H-SPHERE. state.pa.us.
C. Statutory Authority
The proposed amendment to § 97.1 (relating to personal floatation devices) is published under the statutory authority of section 5123 of the code (relating to general boating regulations).
D. Purpose and Background
The proposed rulemaking is designed to improve, enhance and update the Commission's boating regulations. The specific purpose of the proposed amendment is to improve boating safety and is described in more detail under the summary of proposal. The Commission's Boating Advisory Board considered this matter and recommended that the Commission approve the publication of a proposed rulemaking requiring the wearing of PFDs on small boats, canoes and kayaks during cold weather months (October 1 to May 31).
E. Summary of Proposal
From 1996 through 2005, 114 people lost their lives in recreational boating accidents in this Commonwealth. Forty two percent of these boaters died during the cold water/weather months from October 1 through May 31. This is especially disturbing because during those months, participation in recreational boating is greatly reduced. Forty five of the fatalities that occurred during this time period over the last 10 years were boating in unpowered boats and motorboats less than 16 feet in length. This represents 94% of all fatalities occurring during those cold water/weather months and 40% of the fatalities overall.
Unpowered boats and small motorboats are very unstable and most accidents that occur in these boats are the result of capsizing or falling overboard. During the colder months, a mishap such as this often results in a tragedy. Sudden immersion into cold water, hypothermia or the stronger currents common in colder months can create a situation from which the boater cannot escape. This is especially true if the boater is not wearing a PFD.
The Commission accordingly proposes to amend § 97.1 to require the wearing of Coast Guard approved PFDs by all persons when on board boats less than 16 feet in length or a canoe or kayak during the period from October 1 through May 31. The Commission proposes that this section will read as set forth in Annex A. The Commission also seeks public comments on an alternative proposal that would require all persons to wear Coast Guard approved PFDs on boats less than 16 feet in length or a canoe or kayak on a year-round basis.
Statistics have shown that wearing a PFD will save lives. For the current calendar year, there have been 22 recreational boating accident fatalities thus far (7 of which occurred between January 1, 2006, and May 31, 2006). Of those 22 fatalities, 19 victims were not wearing PFDs. According to the 2005 Pennsylvania Boating Accident Analysis prepared by the Commission, there were 12 recreational boating accident fatalities in this Commonwealth that year. In accidents when PFD use was an important factor, seven of the victims were not wearing a life jacket. According to the 2004 Pennsylvania Boating Accident Analysis, there were 11 recreational boating accident fatalities in this Commonwealth that year. Nine of those victims were not wearing PFDs.
F. Paperwork
The proposed rulemaking will not create any new paperwork requirements.
G. Fiscal Impact
The proposed rulemaking will have no adverse fiscal impact on the Commonwealth or its political subdivisions. The proposed rulemaking will impose no new costs on the private sector or the general public.
H. Public Comments
Interested persons are invited to submit written comments, objections or suggestions about the proposed rulemaking to the Executive Director, Fish and Boat Commission, P. O. Box 67000, Harrisburg, PA 17106-7000 within 30 days after publication of this proposed rulemaking in the Pennsylvania Bulletin. Comments submitted by facsimile will not be accepted.
Comments also may be submitted electronically by completing the form at PA PowerPort comments. If an acknowledgment of electronic comments is not received by the sender within 2 working days, the comments should be retransmitted to ensure receipt. Electronic comments submitted in any other manner will not be accepted.
DOUGLAS J. AUSTEN, Ph.D.,
Executive Director
Fiscal Note: 48A-188. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 58. RECREATION
PART II. FISH AND BOAT COMMISSION
Subpart C. BOATING
CHAPTER 97. OPERATOR PROVIDED EQUIPMENT
§ 97.1. Personal flotation devices.
* * * * *
(i) Between October 1 and May 31, all persons shall wear a Coast Guard approved Type I, II, III or V PFD when on board boats less than 16 feet in length or any canoe or kayak.
[Pa.B. Doc. No. 06-2017. Filed for public inspection October 13, 2006, 9:00 a.m.]
________________________________________

 

[AKSkim]

If you drift boat the Lehigh, it is mandatory that all persons onboard wear their PFD at all times.

 

[toprod]

AKSkim...In the STATE PARK (the gorge) area..which ain't drift boat friendly, sure, but elsewhere on the river, you definitely do not need one.

Article below re the proposed PDF changes...
---------
Tougher life jacket law sinks with advisory board - Pittsburgh Tribune-Review

Tougher life jacket law sinks with advisory board
By Bob Frye
TRIBUNE-REVIEW OUTDOORS EDITOR
Sunday, October 29, 2006

An advisory board is recommending that the Pennsylvania Fish and Boat Commission scuttle plans to strengthen life jacket rules for canoers and kayakers.

Back in July, commissioners gave preliminary approval to a proposal that would require anyone in a canoe, kayak or other boat 16 feet or less in length to wear a life jacket any time they were on the water.

They asked boaters for their opinions on that proposal, and on an alternate one that would require them to wear life jackets only during the cold weather months, between Oct. 1 and May 31.

Boaters -- by a 3.5-to-1 margin -- said they hate both ideas. As a result, the members of the commission’s boating advisory board voted in Harrisburg on Wednesday to suggest that the commission just leave the law as it is.

John Simmons, director of the commission’s bureau of boating and education, said the commission received about 457 comments on the proposal. That’s an unusually large amount, he said.

Of those, 350 were from people who “not only said no, they said hell no,” Simmons said.

“We don’t usually get that on boating regulations, so it was pretty obvious public sentiment was against this,” Simmons said.

Most of those who opposed any change said that they -- and not a government agency -- should be able to decide if and when wearing a life jacket is appropriate, Simmons said.

Commissioners have been considering a change because this year has been such a deadly one for boaters. There were 11 boating fatalities in Pennsylvania in 2003, 11 in 2004, and 12 in 2005. There have been 23 already this year, said Dan Martin, the commission’s boating safety education manager.

Thirteen of those deaths involved people who were in kayaks, canoes, or rowboats 16 feet and shorter, Martin noted. Three of the fatalities occurred in Fayette County. There were two in Allegheny County and one each in Crawford and Mercer counties.

Martin had said previously that making the wearing of life jackets mandatory at all times could save at least one life per year.

Advisory board members and some commission staff see this year’s high number of accidents as an aberration, however, Simmons said.

What’s more, they’re not convinced the commission could enforce any change anyway because it rarely has officers on the water in the cold weather months, when boaters are few and far between.

Fish and Boat Commissioners are not obligated to follow the advisory board’s recommendation. They’re expected to decide the issue one way or the other at their next meeting in January.

Simmons, though, said making the change might be difficult.

“We all think it would be a great thing (if people would wear life jackets more often). We all think people ought to do it,” Simmons said. “But we aren’t sure we should or could require it.”

Bob Frye can be reached at bfrye@tribweb.com or (724) 838-5148.

 

[cingras53]

This shouldn't even be a discussion. Life jackets should be worn at all times in small watercraft as outlined above. If it has to be legislated because some people think it interferes with their Constitutional right for the pursuit of happiness, then so be it. I think it's the same as Connecticut and the motorcycle helmet. We have to pay for rescue operations/body recovery just like the State of Connecticut and the insurance companies have to pay for long term care of the brain injured motorcycle rider. It shouldn't be that way. This is just my opinion. Feel free to criticize it.

 

[Future Fanatic]

From Wikipedia:

"The causes of drowning cases in the US are as follows:[citation needed]

44% are related to swimming
17% are related to boating
14% are unattributed
10% related to scuba diving
7% related to car accidents "

Not only should pfds be worn when one is in a boat, but when anyone is swimming OR even driving a car it seems...

Let's all get behind THAT legislation.

 

[AKSkim]

From Wikipedia:

"The causes of drowning cases in the US are as follows:[citation needed]

44% are related to swimming
17% are related to boating
14% are unattributed
10% related to scuba diving
7% related to car accidents "

Not only should pfds be worn when one is in a boat, but when anyone is swimming OR even driving a car it seems...

Let's all get behind THAT legislation.

Right On!!

 

[Scott]

Re: Life jacket wear in General

I never used to wear a PFD in the boat. I had the required amount on board & available like I'm supposed to. In hindsight that was not that smart. When I started to fish bigger bass tournaments, most require you wear a PFD anytime the big motor is running.

So I went out & got myself the auto/manual inflating Sospenders.

An autoinflating PFD is NOT the thing to wear while fishing in the rain or blasting through big waves (my boat likes quiet water, anything bigger then 1-1/2 feet and it can be a very wet ride.)

A friend had his inflate in the storage locker on his boat on a wet rainy summer night too.

So you have to be a little careful with the auto inflating ones, but you can always convert them to manual inflation on wet rainy days in a minute or two, and they are certainly light, comfortable, and easy to wear.

It's does seem a little silly to have a law that protects people who should stay in the shallow end of the gene pool.

 

[Joe D]

The National Transportation Safety Board PFD's in Recreational Boating

Here's an interesting forum from August 2004. It is a submitted paper by Charles Husick to the National Transportation Safety Board.

Mr. Husick is President of OWA Inc., a management consulting firm providing consulting services in the aviation, marine, and electronics fields. He currently the Chairman of theU.S. Department of Commerce Industry Sector Advisory Committee #1 (Aerospace), a member of Advisory Committee #4 (Consumer Products), a member of the White House Office of Science and Technology Policy, on the Advisory Committee for Aerospace, and a member of the FAA National Simulation Advisory Committee. Previously, Mr. Husick served as a Senior Vice President of Cessna Aircraft, Inc., where he was responsible for five (of six) manufacturing divisions. He has also served as the Chairman of GAMA from 1977 to 1978 and as a member of its board from 1971 until 1978.

A quote from the report: "I believe it unreasonable to assume that a rule mandating wearing of today’s PFDs would necessarily have an overwhelming effect on the number of drownings."

There's a lot more to boating safety than simply slapping a life jacket on.

Joe

 

[cingras53]

He may believe it but I don't

 

[AKSkim]

It appears that Mr. Husick flew into one to many wind shears without his seat belt on.

 

[Joe D]

If you read the paper that Mr. Husick wrote you will understand that the key word in the excerpt I quoted is "mandating". He says nowhere that PFD's won't prevent some drownings.

Pennsylvania, like Connecticut and some other states does not require a motorcycle helmet. But, it is not illegal to wear one.

Also, the PFD rule is not a bill that will be voted on by the state legislature. It is a rule that will be imposed by the PF&BC.

 

[cingras53]

Yeah, I understand what you're saying but the fact of the matter is that more people will wear life jackets if it's a law rather than a recommendation that might save your life. Let's try smoke detectors. For a long time they were not mandatory but try buying a house that does not have them and see what your local officials say. How many lives have been saved by smoke detectors and what is that worth? If life jackets save any number of people that law is worth it.

 

[Joe D]

cingras53,

Do you wear bullet proof clothing in the grouse woods? Just wondering.

Joe

 

[Scott]

Let's put it this way: Wearing a PFD in a canoe, kayak, or other easily capsizable boat is common sense, or should be.

Most people do not have much - if any - common sense. That is why I have often taken the position that it should probably be called "rare sense" as so few people actually seem to have any of it.

If an adult makes a conscious decision NOT to wear a helmet, PFD, or whatever, then it is their choice, and their life they are risking.

You can't pass a law making stupidity illegal. You can only pass laws that force people to do what is right, or what someone else thinks is right for them.

 

[cingras53]

Yes I do Joe. I wear a PFD in case I fall into a stream I am crossing, a motorcycle helmet in case I walk into a tree, a smoke detector and the bullet proof clothing. It's uncomfortable but I feel safe.

 

[Future Fanatic]

Yes I do Joe. I wear a PFD in case I fall into a stream I am crossing, a motorcycle helmet in case I walk into a tree, a smoke detector and the bullet proof clothing. It's uncomfortable but I feel safe.

I can attest to the above. It's a bit tough for him to pick up chicks wearing the helmet all the time, and we all hate it when the smoke detectors go off when we light up the cigars after a good day on the West Branch, but we all suspect that he will outlive all of us. He even bought the new Orvis Edition Ford Explorer with the new VFD (Vehicle Floatation Device) just to be safe in case he's up in Hancock during the next flood.

Be safe Cingas53!

John

 

[AKSkim]

Let's put it this way: Wearing a PFD in a canoe, kayak, or other easily capsizable boat is common sense, or should be.

If an adult makes a conscious decision NOT to wear a helmet, PFD, or whatever, then it is their choice, and their life they are risking.

Scott you make some valid points for everyone to consider.

In fact 29 years ago, I was part of a team for body recovery of a father and his three small children when their canoe over turned. To this day I believed that the father just let himself go after he witness each of his children slip under. Those children would be in their mid to late thirty's now, maybe with families of their own.

cingras53 "If life jackets save any number of people that law is worth it."
You are so correct sir.

In fact rock climbers, small boat enthusiast and so on, the misconception that they only place themselves at risk is not correct. When they do get into trouble, someone has to go and rescue them. It only compounds the situation.

This gets about as far away from fly fishing as you can get. However, knowledge and educate each other in the proper use of safety equipment saves just one life, well I for one think it is well worth it.