[58 PA. CODE CH. 135]
Lands and Buildings
[35 Pa.B. 2310]
To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its January 25, 2005, meeting, proposed the following rulemaking:
Amend §§ 135.2, 135.41 and 135.51 (relating to unlawful actions; State game lands; and designated roads on state game lands open to ATVs) to allow the Director to permit another individual to authorize and designate the location of certain uses of lands, waters and buildings owned by the Commission and to improve consistency in the regulations.
The proposed rulemaking will have no adverse impact on the wildlife resources of this Commonwealth.
The authority for the proposed rulemaking is 34 Pa.C.S. (relating to Game and Wildlife Code) (code).
The proposed rulemaking was made public at the January 25, 2005, meeting of the Commission. Comments can be sent to the Director, Information and Education, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, until April 22, 2005.
1. Purpose and Authority
Currently, §§ 135.41 and 135.51 empower the Director to authorize and designate the location of certain uses of lands, waters and buildings owned by the Commission. However, § 135.2 does not provide the same empowerment to the Director and therefore is not consistent with aforementioned sections. The Commission is proposing to amend § 135.2 to eliminate this inconsistency in the regulations. The Commission is also proposing to amend §§ 135.2, 135.41 and 135.51 to allow the Director to permit another individual to authorize and designate the location of certain uses of lands, waters and buildings owned by the Commission to allow the Commission to be more responsive to requests for permission for these restricted uses.
Section 322(c)(10) of the code (relating to powers and duties of the 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 amendments to §§ 135.2, 135.41 and 135.51 were proposed under this authority.
2. Regulatory Requirements
The proposed 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. The proposed rulemaking will also amend §§ 135.2, 135.41 and 135.51 to allow the Director to permit another individual 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 the proposed rulemaking.
4. Cost and Paperwork Requirements
The proposed rulemaking should not result in additional cost or paperwork.
5. Effective Date
The proposed rulemaking will be effective upon final-form publication in the Pennsylvania Bulletin and will remain in effect until changed by the Commission.
6. Contact Person
For further information regarding the proposed rulemaking, contact Michael A. Dubaich, Director, Bureau of Law Enforcement, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717) 783-6526.
VERNON R. ROSS,
Fiscal Note: 48-202. No fiscal impact; (8) recommends adoption.
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 or a designee to:
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§ 135.41. State game lands.
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(c) Additional prohibitions. In addition to the prohibitions contained in the act pertaining to State game lands and § 135.2 (relating to unlawful actions), except with the written permission of the Director or a designee, it is unlawful to:
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§ 135.51. Designated roads on State game lands open to ATVs.
State game lands roads that will be open for use by permitted persons operating ATVs will be designated by the Director or a designee. The Commission will make a list of these open roads available to the permittee, and will provide the list by mail to a permitted person that has applied for a towing vehicle placard.
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[Pa.B. Doc. No. 05-710. Filed for public inspection April 15, 2005, 9:00 a.m.]
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