GAME COMMISSION [58 PA. CODE CH. 135] Lands and Buildings; State Game Lands [44 Pa.B. 1429]
[Saturday, March 15, 2014]To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its January 28, 2014, meeting, amended § 135.41 (relating to State game lands) to limit the availability of the fire exception to only licensed hunters, trappers or fishermen and through hikers within the corridor of the Appalachian Trail.
The final-form rulemaking will not have an adverse impact on the wildlife resources of this Commonwealth.
The authority for the final-form rulemaking is 34 Pa.C.S. (relating to Game and Wildlife Code) (code).
Notice of proposed rulemaking was published at 43 Pa.B. 7443 (December 21, 2013).
1. Purpose and Authority
The Commission has historically permitted the use of small open fires on State game lands for cooking or warming purposes by licensed hunters, trappers or fishermen and through hikers within the corridor of the Appalachian Trail. Continued support for the use of small open fires by these users has not diminished. However, the Commission has identified an increasing number of fires being set and maintained by persons using the State game lands for other than their intended uses. In an effort to discourage and reduce the occurrence of these unintended uses, the Commission is specifically limiting the availability of the fire exception in § 135.41(a) to only licensed hunters, trappers or fishermen and through hikers within the corridor of the Appalachian Trail.
Section 721(a) of the code (relating to control of property) provides ''The administration of all lands or waters owned, leased or otherwise controlled by the commission shall be under the sole control of the director, and the commission shall promulgate regulations . . . for its use and protection as necessary to properly manage these lands or waters.'' Section 741(b) of the code (relating to commission actions for damage to buildings or property) provides ''The commission shall promulgate regulations to protect users, improvements, lands and buildings under its control. These regulations shall cover, but need not be limited to: (1) Removal of any material[;] (2) Damage of any kind[; and] (3) Any other regulations required to properly protect and preserve these lands for their intended use.'' The amendment to § 135.41 is adopted under this authority.
2. Regulatory Requirements
The final-form rulemaking amends § 135.41 to limit the availability of the fire exception to only licensed hunters, trappers or fishermen and through hikers within the corridor of the Appalachian Trail.
3. Persons Affected
Persons wishing to use small open fires for cooking or warming purposes on State game lands may be affected by the final-form rulemaking.
4. Comment and Response Summary
There were no official comments received regarding the final-form rulemaking.
5. Cost and Paperwork Requirements
The final-form rulemaking should not result in additional cost or paperwork.
6. Effective Date
The final-form rulemaking will be effective upon publication in the Pennsylvania Bulletin and will remain in effect until changed by the Commission.
7. Contact Person
For further information regarding the final-form rulemaking, contact Richard R. Palmer, Director, Bureau of Wildlife Protection, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717) 783-6526.
Findings
The Commission finds that:
(1) Public notice of intention to adopt the administrative amendments adopted by this order has been given under sections 201 and 202 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. §§ 1201 and 1202) and the regulations thereunder, 1 Pa. Code §§ 7.1 and 7.2.
(2) The adoption of the amendments of the Commission in the manner provided in this order is necessary and appropriate for the administration and enforcement of the authorizing statute.
Order
The Commission, acting under authorizing statute, orders that:
(a) The regulations of the Commission, 58 Pa. Code Chapter 135, are amended by amending § 135.41 to read as set forth at 43 Pa.B. 7443.
(b) The Executive Director of the Commission shall certify this order and 43 Pa.B. 7443 and deposit them with the Legislative Reference Bureau as required by law.
(c) This order shall become effective upon final-form publication in the Pennsylvania Bulletin.
R. MATTHEW HOUGH,
Executive DirectorFiscal Note: Fiscal Note 48-358 remains valid for the final adoption of the subject regulation.
[Pa.B. Doc. No. 14-512. Filed for public inspection March 14, 2014, 9:00 a.m.]
