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PA Bulletin, Doc. No. 04-1710




[58 PA. CODE CH. 135]

Lands and Buildings

[34 Pa.B. 5153]

   To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its June 29, 2004, meeting, adopted an amendment to § 135.48 (relating to State game lands roads open to vehicular traffic for disabled persons).

   The final-form rulemaking will have no 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 34 Pa.B. 3137 (June 19, 2004).

1.  Introduction

   The Commission amended § 135.48 to permit the Executive Director to designate State game lands (SGL) roads open to vehicular traffic for disabled persons.

2.  Purpose and Authority

   At the June 1999 Commission meeting, the Commissioners voted to authorize the Executive Director and staff to decide on all future trail designations needed to administer Chapter 135 (relating to lands and buildings) pertaining to roads open for disabled hunters to travel on all-terrain vehicles. The Commission has decided to grant the same authorization for SGL roads open to licensed vehicular traffic for disabled persons.

   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.'' The amendment to § 135.48 was adopted under this authority.

3.  Regulatory Requirements

   The final-form rulemaking amends § 135.48 to permit the Director to designate SGL roads open to vehicular traffic for disabled persons.

4.  Persons Affected

   Disabled persons wishing to hunt or trap in this Commonwealth will be affected by the final-form rulemaking.

5.  Comment and Response Summary

   There were no official comments received regarding this final-form rulemaking.

6.  Cost and Paperwork Requirements

   The final-form rulemaking should not result in additional cost or paperwork.

7.  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.

8.  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.


   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.


   The Commission, acting under authorizing statute, orders that:

   (a)  The regulations of the Commission, 58 Pa. Code Chapter 135, are amended by amending § 135.48 to read as set forth at 34 Pa.B. 3137.

   (b)  The Executive Director of the Commission shall certify this order and 34 Pa.B. 3137 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.

Executive Director

   Fiscal Note: Fiscal Note 48-191 remains valid for the final adoption of the subject regulation.

[Pa.B. Doc. No. 04-1710. Filed for public inspection September 17, 2004, 9:00 a.m.]

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