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PA Bulletin, Doc. No. 10-1073




[ 58 PA. CODE CH. 135 ]

Lands and Buildings

[40 Pa.B. 3095]
[Saturday, June 12, 2010]

 To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its April 20, 2010, meeting, amended § 135.1 (relating to scope) and added Subchapter M (relating to purchase of properties at auction and tax sales) to Chapter 135 (relating to lands and buildings) to authorize the Executive Director to bid on real estate, oil, gas or mineral rights at auction or tax sales.

 The final-form rulemaking will not have an 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 40 Pa.B. 1755 (April 3, 2010).

1. Purpose and Authority

 As authorized in section 701(a) of the code (relating to acquisition of property), the Commission may acquire property by purchase, gift, lease, eminent domain or otherwise, including, but not limited to, auction purchases. The Commission is further authorized to purchase tax delinquent lands, waters, oil, gas and minerals as provided by law, including, but not limited to, tax sales. Tax sales or auctions often are announced between regular Commission meetings and are to be held sooner than is practicable to organize and hold a special meeting or notational vote. The Commission amended § 135.1 and added Subchapter M to authorize the Executive Director to bid on real estate, oil, gas or mineral rights at auction or tax sales.

 Section 322(c)(12) of the code (relating to powers and duties of commission) specifically empowers the Commission to ''Take any necessary action to accomplish and assure the purposes of this title.'' 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, permitting or prohibiting hunting or furtaking, the ways, manner, methods and means of hunting or furtaking, and the health and safety of persons who hunt or take wildlife or may be in the vicinity of persons who hunt or take game or wildlife in this Commonwealth.'' The amendments to § 135.1 and addition of Subchapter M were adopted under this authority.

2. Regulatory Requirements

 The final-form rulemaking amends § 135.1 and adds Subchapter M to authorize the Executive Director to bid on real estate, oil, gas or mineral rights at auction or tax sales.

3. Persons Affected

 Citizens of this Commonwealth may be affected by the final-form rulemaking.

4. Comment and Response Summary

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

5. Cost and Paperwork Requirements

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

6. 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.

7. Contact Person

 For further information regarding the final-form rulemaking, contact Richard R. Palmer, Director, Bureau of Wildlife Protection, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717) 783-6526.


 The Commission finds that:

 (1) Public notice of intention to adopt the administrative amendments 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 amendments 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 § 135.1 and by adding § 135.40 to read as set forth 40 Pa.B. 1755.

 (b) The Executive Director of the Commission shall certify this order and 40 Pa.B. 1755 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 48-304 remains valid for the final adoption of the subject regulations.

[Pa.B. Doc. No. 10-1073. Filed for public inspection June 11, 2010, 9:00 a.m.]

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