Title 58--RECREATION GAME COMMISSION [58 PA. CODE CH. 135] Lands and Buildings [35 Pa.B. 3924] To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its April 26, 2005, meeting, adopted an amendment to § 135.2 (relating to unlawful actions) to improve consistency in the regulations by allowing the Director to authorize and designate the location of certain uses of lands, waters and buildings owned by the Commission.
The final-form rulemaking will have no adverse impact on the wildlife resources of this Commonwealth.
The authority for the final rulemaking is 34 Pa.C.S. (relating to Game and Wildlife Code) (code).
Notice of proposed rulemaking was published at 35 Pa.B. 2310 (April 16, 2005).
1. Purpose and Authority
Sections 135.41 and 135.51 (relating to State game lands; and designated roads on State game lands open to ATVs) empower the Director to authorize and designate the location of certain uses of lands, waters and buildings owned by the Commission. Formerly, § 135.2 did not provide the same empowerment to the Director and therefore was inconsistent with the previously mentioned sections. The Commission amended § 135.2 to eliminate this inconsistency in the regulations.
The Commission had originally proposed to amend §§ 135.2, 135.41 and 135.51 by adding the words ''or designee'' after ''Director'' to allow the Director to authorize another individual to authorize and designate the location of certain uses of lands, waters and buildings owned by the Commission. The purpose of this proposed rulemaking was to allow the Commission to be more responsive to requests for permission for these restricted uses. However, after additional review of the definition of ''Director'' in section 102 of the code (relating to definitions) it is apparent that the term ''designee'' is already covered by the definition of ''Director,'' therefore this amendment was unnecessary.
Section 322(c)(10) of the code (relating to powers and duties of commission) specifically empowers the Commission to ''Manage and develop its lands and waters and other government or private lands and waters under agreement with the owners as it considers advisable and, by proper action and proceedings, enact and enforce regulations to insure the prudent and proper use of these lands.'' Section 721(a) of the code (relating to control of property) provides ''The administration of all lands and 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 2102(a) of the code (relating to regulations) provides that ''The Commission shall promulgate such regulations as it deems necessary and appropriate concerning game or wildlife and hunting or furtaking in this Commonwealth, including regulations relating to the protection, preservation and management of game or wildlife and game or wildlife habitat . . . in this Commonwealth.'' The amendment to § 135.2 was adopted under this authority.
2. Regulatory Requirements
The final-form rulemaking will make the language of § 135.2 more consistent with §§ 135.41 and 135.51 by empowering the Director to authorize and designate the location of certain uses of lands, waters and buildings owned by the Commission.
3. Persons Affected
Persons using the lands, waters and buildings owned by the Commission will be affected by this final-form rulemaking.
4. Comment and Response Summary
There were no official comments received regarding this 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 Michael A. Dubaich, Director, Bureau of Law Enforcement, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717) 783-6526.
Findings
The Commission finds that:
(1) Public notice of intention to adopt the administrative amendment 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 amendment 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 § 135.2 to read as set forth in Annex A.
(b) The Executive Director of the Commission shall certify this order 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.
VERNON R. ROSS,
Executive Director(Editor's Note: The proposal to amend §§ 135.41 and 135.51, included in the proposal at 35 Pa.B. 2310, has been withdrawn by the Commission.)
Fiscal Note: Fiscal Note 48-202 remains valid for the final adoption of the subject regulation.
Annex A TITLE 58. RECREATION PART III. GAME COMMISSION CHAPTER 135. LANDS AND BUILDINGS Subchapter A. GENERAL PROVISIONS § 135.2. Unlawful actions.
In addition to the prohibitions in the act on lands, waters or buildings under Commission ownership, lease or jurisdiction, it is unlawful, except with the permission of the person in charge of the lands, or the written permission of the Director to:
(1) Camp or use campsites.
(2) Plant, gather, cut, dig, remove or otherwise injure plants or parts thereof, including trees, shrubs, vines, flowering plants, cultivated crops, mushrooms and fruits of berry-producing plants.
(3) Travel on lands by means of vehicle or conveyance propelled by motorized power. This prohibition does not include the travel by individuals permanently confined to a wheelchair propelled by electric power obtained from batteries. Individuals desiring to hunt from an electric powered wheelchair shall have a disabled person permit under section 2923 of the act (relating to disabled person permits).
(4) Swim in a dam, pond, lake or stream.
(5) Injure, destroy or cause damage to property--real, personal or mixed.
(6) Remove or attempt to remove any manmade or natural object except wildlife and fish lawfully taken. Objects which may not be removed include animals, rocks, minerals, sand and historical or archaeological artifacts.
(7) Participate in, become a part of, contribute to or engage in disorderly conduct as defined in 18 Pa.C.S. §§ 5503 and 5505 (relating to disorderly conduct; and public drunkenness).
(8) Kindle, use or maintain an open fire.
(9) Travel on roads open to vehicular travel with vehicle or conveyance propelled by motorized power which is not licensed or authorized for operation on a public highway under 75 Pa.C.S. (relating to the Vehicle Code).
(10) Violate, fail or neglect to follow instructions posted on signs authorized by the Director.
(11) Travel by mechanical or motorized conveyance or ride animals on newly constructed, seeded or planted roads, or other areas, when posted against the travel.
[Pa.B. Doc. No. 05-1329. Filed for public inspection July 15, 2005, 9:00 a.m.]
