Title 58--RECREATION GAME COMMISSION [58 PA. CODE CH. 135] Use of ATVs on State Game Lands [29 Pa.B. 3734] To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) at its June 8, 1999, meeting, adopted the following changes:
Amend Chapter 135, Subchapter C (relating to State game lands) by adding eight new sections to allow the use of all-terrain vehicles (ATVs) on designated State game land roads for persons who hold a valid disabled person permit to hunt from a vehicle.
These regulations are adopted under the authority of 34 Pa.C.S. (relating to Game and Wildlife Code) (code).
1. Introduction
To expand recreational opportunities for sportsmen holding disabled permits, the Commission at its meeting held on April 9, 1999, proposed and at its meeting held on June 8, 1999, finally adopted amending Subchapter C of Chapter 135, to allow holders of disabled person permits to use ATVs on and near designated State game lands roads. This action was taken under authority contained in section 721(a) of the code (relating to control of property).
2. Purpose and Authority
As a result of meetings held between representatives of the Commission and representatives of disabled sportsmen, the Commission has decided to allow limited use of ATVs on designated game lands roads by holders of disabled person permits. This will expand accessibility for disabled sportsmen and provide them with more recreational opportunities. The use of ATVs will be restricted to protect wildlife resources. The use of ATVs will be authorized by the addition of §§ 135.49--135.55. Section 721(a) of the code requires the Commission to promulgate regulations necessary to properly manage State game lands.
3. Regulatory Requirements
The adopted rules will expand opportunities for hunters with disabilities.
4. Persons Affected
Persons holding disabled person permits will have expanded hunting opportunities. Because of limitations, it is anticipated that impact on other hunters will be minimal.
5. Comment and Response Summary
Two written comments were received, both of which favored adoption of the regulations.
6. Cost and Paperwork Requirements
A towing vehicle placard will be required and issued free of charge. This will be the only additional requirement.
7. Effective Date
These regulations will be effective on final publication in the Pennsylvania Bulletin and will remain in effect until changed by the Commission.
8. Contact Person
For further information on the adopted regulations, contact James R. Fagan, Director, Bureau of Law Enforcement, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717) 783-6526.
Findings
The Commission finds that:
(1) The public notice of intention to adopt the administrative regulations 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 these regulations 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 adding §§ 135.49--135.55 to read as set forth at 29 Pa.B. 2581 (May 15, 1999).
(b) The Executive Director of the Commission shall submit this order and 29 Pa.B. 2581 and deposit them with the Legislative Reference Bureau as required by law.
(c) This order amending Chapter 135, by adding §§ 135.49--135.55 shall become effective upon final publication in the Pennsylvania Bulletin.
VERNON R. ROSS,
Executive DirectorFiscal Note: Fiscal Note 48-112 remains valid for the final adoption of the subject regulations.
[Pa.B. Doc. No. 99-1124. Filed for public inspection July 16, 1999, 9:00 a.m.]
