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PA Bulletin, Doc. No. 02-1055


[52 PA. CODE CH. 135]

State Game Land Roads

[32 Pa.B. 2894]

   To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its April 9, 2002, meeting, proposed the following amendment:

   Amend § 135.48 (relating to State game lands roads open to vehicular traffic for disabled persons) to no longer require the person who accompanies a disabled hunter to have a valid hunting license.

   This proposed amendment will have no adverse impact on the wildlife resources of this Commonwealth.

   The authority for the proposal is 34 Pa.C.S. (relating to Game and Wildlife Code) (code).

   This proposal was made public at the April 9, 2002, meeting of the Commission and comments on this proposal can be sent to the Director of Information and Education, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, until July 1, 2002.

1.  Introduction

   The Commission is proposing to amend § 135.48 to no longer require the person who simply accompanies a disabled hunter to have a valid hunting license.

2.  Purpose and Authority

   Many times the only person available to accompany disabled persons in their vehicles on State game land roads open for travel to disabled persons does not hunt and does not possess a hunting license as currently required. This limits the hunting opportunities available to disabled hunters. As a result, at a public meeting held on April 9, 2002, the Commission proposed amending § 135.48 to only require individuals actually participating in the hunt to have a hunting license. This proposed amendment change should expand hunting opportunities for disabled hunters.

   Section 2102(a) of the code (relating to regulations) directs the Commission to promulgate regulations, as it deems necessary and appropriate, concerning game or wildlife and hunting or furtaking in this Commonwealth. This provides the regulatory authority for the proposed amendment.

3.  Regulatory Requirements

   The proposed amendment will relax current requirements.

4.  Persons Affected

   Individuals accompanying disabled hunters and the hunters themselves will benefit from this proposal.

5.  Cost and Paperwork Requirements

   The proposed amendment should not result in any additional cost or paperwork.

6.  Effective Date

   The proposed amendment will be effective on final-form publication in the Pennsylvania Bulletin and will remain in effect until changed by the Commission.

7.  Contact Person

   For further information regarding this proposed amendment, contact David E. Overcash, Director, Bureau of Law Enforcement, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717) 783-6526.

Executive Director

   Fiscal Note:  48-147. No fiscal impact; (8) recommends adoption.

Annex A





§ 135.48.  State game lands roads open to vehicular traffic for disabled persons.

   (a)  Vehicular traffic permitted. Vehicular traffic will be permitted on designated roads on State game lands for persons issued a Disabled Persons Permit under section 2923(a) of the act (relating to disabled person permits).

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   (2)  A permittee may be accompanied by only one person, and before participating in hunting in any manner that person shall be in possession of a valid Pennsylvania hunting or furtakers license. The permittee may also be accompanied by one or more of the permittee's children who hold a valid junior hunting or furtakers license.

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[Pa.B. Doc. No. 02-1055. Filed for public inspection June 14, 2002, 9:00 a.m.]

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