Title 58—RECREATION GAME COMMISSION [ 58 PA. CODE CHS. 135 AND 147 ] Lands and Buildings; Special Permits [41 Pa.B. 1764]
[Saturday, April 2, 2011]To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its February 1, 2011, meeting, amended § 135.181 (relating to rifle and handgun ranges) and added Chapter 147, Subchapter Z (relating to State game lands range permits) to require users of shooting ranges on State game lands to possess either a valid Pennsylvania hunting or furtaker license or a Commission-issued range permit. The Commission also amended § 135.41 (relating to State game lands) to redirect target shooting activities of all unlicensed individuals to designated State game land ranges.
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 40 Pa.B. 6685 (November 20, 2010).
1. Purpose and Authority
Over the past few years, the Commission has made large investments in its various shooting ranges on State game lands across this Commonwealth. These investments have taken the form of lead remediation, safety barrier reconstruction, shooting range redesign and other related projects. These investments came at a high cost but kept many shooting ranges open and available to the public. Historically, hunters and furtakers have provided most if not all of the resources for keeping the Commission's shooting ranges open to the public through their license dollars. Additionally, the open use of game lands for shooting activities by those not licensed or otherwise permitted has resulted in situations when persons have used ranges and game lands for illicit activities. The Commission has made amendments to regulate unlicensed recreational shooters to accomplish the twin goals of having those unlicensed persons contribute toward the cost of the program and to better quantify and control use of State game lands and game land ranges. To this end, the Commission amends § 135.181 and adds Chapter 147, Subchapter Z to require users of shooting ranges on State game lands to possess either a valid Pennsylvania hunting or furtaker license or a Commission-issued range permit. The Commission also amends § 135.41 to redirect target shooting activities of unlicensed individuals to designated State game land ranges. These changes will not result in increased cost or change in privileges for licensed hunters and furtakers.
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 2901(b) of the code (relating to authority to issue permits) provides ''the commission may, as deemed necessary to properly manage the game or wildlife resources, promulgate regulations for the issuance of any permit and promulgate regulations to control the activities which may be performed under authority of any permit issued.'' The amendments to §§ 135.41 and 135.181 and the addition of Chapter 147, Subchapter Z are adopted under this authority.
2. Regulatory Requirements
The final-form rulemaking amends § 135.181 and adds Chapter 147, Subchapter Z by replacing and creating language to require users of shooting ranges on State game lands to possess either a valid Pennsylvania hunting or furtaker license or a Commission-issued range permit. The final-form rulemaking also amends § 135.41 by adding language to redirect target shooting activities of unlicensed individuals to designated State game land ranges.
3. Persons Affected
Persons engaged in target shooting activities on State game lands or designated ranges may be affected by the final-form rulemaking.
4. Comment and Response Summary
The Commission received a total of eight official written comments concerning this final-form rulemaking. One written comment supported a higher range fee for nonresidents than provided for in the proposed rulemaking. One written comment supported a lower range fee than provided for in proposed 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 Chapters 135 and 147, are amended by amending § 135.41 and adding §§ 147.1001—147.1004 to read as set forth at 40 Pa.B. 6685; and by amending § 135.181 to read as set forth in Annex A.
(b) The Executive Director of the Commission shall certify this order, 40 Pa.B. 6685 and Annex A 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.
CARL G. ROE,
Executive DirectorFiscal Note: Fiscal Note 48-319 remains valid for the final adoption of the subject regulations.
Annex A TITLE 58. RECREATION PART III. GAME COMMISSION CHAPTER 135. LANDS AND BUILDINGS Subchapter J. SHOOTING RANGES § 135.181. Rifle and handgun ranges.
(a) General provisions. In addition to § 135.2 (relating to unlawful actions) and except as provided in § 135.182 (relating to Ranges, State Game Lands No. 176), the following pertain to lands under Commission ownership, lease or jurisdiction, designated as rifle or handgun ranges:
(1) Rifle and handgun ranges are open from 8 a.m., prevailing time, until sunset Monday through Saturday and from 12 noon to sunset Sundays, unless otherwise posted; except the Sunday immediately preceding the regular antlered and antlerless deer seasons and the regular bear season, when the hours are 8 a.m. to sunset.
(2) A range may be reserved for exclusive use by an organized group from January 1 through October 1. An organized group desiring to reserve the range shall make necessary arrangements through the appropriate regional director or a designee at least 20 days in advance.
(3) An individual may not use the range when in use on days when it is reserved by an organized group.
(4) An individual or an organized group using the range is responsible for keeping the area clean and free of debris, and may not discard, deposit, leave or throw litter except in approved refuse containers. Range users shall remove targets from range backboards when shooting is completed and prior to leaving the range.
(5) The Commission is not responsible for anyone injured on the range. An individual using Commission owned ranges does so at his own risk and assumes all responsibility for injuries to a person or property caused by or to him.
(6) When more than one person is using the range, a range officer shall be designated.
(7) An individual under 16 years of age may not use the range unless accompanied by a person 18 years of age or older.
(8) The appropriate regional director or designee may close a range by posting signs to that effect.
(b) Prohibited acts. At a rifle and handgun range located on land under Commission ownership, lease or jurisdiction, except when authorized by the appropriate regional director or a designee, it is unlawful to:
(1) Possess a loaded firearm, except at an established shooting station on the firing line.
(2) Discharge a firearm, except from an established shooting station on the firing line at a paper target placed on a permanent target backboard.
(3) Discharge armor piercing, incendiary, explosive, tracer or multiple projectile ammunition.
(4) Be intoxicated, use or possess an intoxicating beverage or controlled substance on the range.
(5) Possess an automatic weapon.
(6) Possess, load or discharge a firearm that contains more than three rounds of single projectile ammunition, except as provided in subsection (c).
(7) Shoot clay birds anywhere except areas designated by the Director by signs stating that clay bird shooting is permitted.
(8) Possess, load or discharge a firearm for any reason without possessing a valid Pennsylvania hunting or furtaker license or a Commission-issued range permit signed by its holder. This prohibition does not apply to persons 15 years of age or younger or up to one person accompanying another person in possession of a valid Pennsylvania hunting or furtaker license or a Commis-sion-issued range permit.
(c) Exceptions for a handgun range. At a Commission range specifically designated as a handgun range, it is permitted for an individual to load and discharge a handgun containing a maximum of six rounds of single projectile ammunition at any one time. Other rules and regulations pertaining to shooting ranges under Commission ownership, lease or jurisdiction shall be in effect.
[Pa.B. Doc. No. 11-556. Filed for public inspection April 1, 2011, 9:00 a.m.]
