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PA Bulletin, Doc. No. 04-1063

PROPOSED RULEMAKING

GAME COMMISSION

[58 PA. CODE CH. 135]

Lands and Buildings

[34 Pa.B. 3137]

   To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its April 20, 2004, meeting, proposed the following rulemaking:

   Amend § 135.48 (relating to State game lands roads open to vehicular traffic for disabled persons) to permit the Director to designate State game lands (SGLs) roads open to vehicular traffic for disabled persons.

   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 April 20, 2004, meeting of the Commission. Comments can be sent until June 25, 2004, to the Director, Information and Education, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797.

1.  Introduction

   The Commission is proposing to amend § 135.48 to permit the Director to designate SGLs roads open to vehicular traffic for disabled persons.

2.  Purpose and Authority

   At the April 2002 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) and seasonal openings and closings of SGLs administrative roads. The Commission proposes that the same authorization be given to SGLs roads open to 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 is proposed under this authority.

3.  Regulatory Requirements

   The proposed rulemaking amends § 135.48 to permit the Director to designate SGLs 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 proposed rulemaking.

5.  Cost and Paperwork Requirements

   The proposed rulemaking will result in very limited additional cost and paperwork related to providing a list of open roads available to disabled persons.

6.  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.

7.  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,   
Executive Director

   Fiscal Note:  48-191. No fiscal impact; (8) recommends adoption.

Annex A

TITLE 58. RECREATION

PART III. GAME COMMISSION

CHAPTER 135. LANDS AND BUILDINGS

Subchapter C. STATE GAME LANDS

§ 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). State game lands roads open to vehicular traffic for disabled persons will be designated by the Director. The Commission will make a list of these open roads available to the permittee.

*      *      *      *      *

   (b)  [Designated roads on State game lands.

   (1)  State Game Lands No. 110--Berks and Schuylkill Counties--Game lands road beginning at State Route 183 to a parking lot located on Township Road T-720, north of Shartlesville, Pennsylvania, a distance of approximately 7.6 miles.

   (2)  State Game Lands No. 117--Washington County--game lands road beginning 5 miles north of Burgettstown Community Park along State Route 4007 to the intersection of State Route 18, a distance of approximately 2.5 miles.

   (3)  State Game Lands No. 12--Bradford and Sullivan Counties--Game lands road beginning at village of Wheelerville, Pennsylvania, along State Route 154 to the intersection of Township Road T-359 south of the town of Laquin, a distance of approximately 8.5 miles.

   (4)  State Game Lands No. 49--Bedford and Fulton Counties--Game lands road beginning 1.5 miles east of Robinsonville, Pennsylvania, along State Route 2006 to a parking lot located on Township Road T-316, a distance of approximately 3.8 miles.

   (5)  State Game Lands No. 244--Jefferson County--Game lands road beginning 3.5 miles east of Knox Dale, Pennsylvania, along State Route 2025 to a parking lot located on this game land, a distance of approximately 3 miles.

   (6)  State Game Lands No. 134--Lycoming and Sullivan Counties--Game lands road beginning 2.5 miles west of Hillsgrove, Pennsylvania, along State Route 4010 to the intersection of State Route 1005, a distance of approximately 6 miles.

   (7)  State Game Lands No. 210--Dauphin County--Game lands road (Lukes Trail) beginning at western game lands boundary to the intersection of State Route 4013, a distance of approximately 1.4 miles.

   (8)  State Game Lands No. 59--McKean and Potter Counties--Game lands road beginning at northern game lands boundary on Township Route T-342 to the intersection of State Route 4001, a distance of approximately 2.4 miles.

   (9)  State Game Lands No. 37--Tioga County--Game lands road beginning at northern game lands boundary on Stephenhouse Run Road to Rarick Fire Tower and intersection of Township Route T-710, a distance of approximately 2.1 miles.]

   Additional reference. See § 135.2 (relating to unlawful acts).

[Pa.B. Doc. No. 04-1063. Filed for public inspection June 18, 2004, 9:00 a.m.]



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