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PA Bulletin, Doc. No. 14-668




[ 58 PA. CODE CH. 135 ]

Corrective Amendment to 58 Pa. Code § 135.41

[44 Pa.B. 1883]
[Saturday, March 29, 2014]

 The Game Commission has discovered a discrepancy between the agency text of 58 Pa. Code § 135.41 (relating to State game lands) as deposited with the Legislative Reference Bureau and the official text as published at 44 Pa.B. 1429 (March 15, 2014). The amendment to 58 Pa. Code § 135.41 was adopted as proposed. In the proposed rulemaking published at 43 Pa.B. 7443 (December 21, 2013), ellipses were not shown following 58 Pa. Code § 135.41(a)(2).

 Therefore, under 45 Pa.C.S. § 901: The Game Commission has deposited with the Legislative Reference Bureau a corrective amendment to 58 Pa. Code § 135.41. The corrective amendment to 58 Pa. Code § 135.41 is effective as of March 15, 2014, the effective date of adoption of the final-form rulemaking amending this section.

 The correct version of 58 Pa. Code § 135.41 appears in Annex A.

Annex A





§ 135.41. State game lands.

 (a) Restrictions limited. The following exceptions to § 135.2 (relating to unlawful actions) pertain to lands and waters designated as State game lands:

 (1) Mushrooms and fruits of berry-producing plants may be picked.

 (2) Small open fires for cooking or warming purposes may be kindled, used and maintained by persons exercising the privileges of a valid hunting, furtaking or fishing license and through hikers within the corridor of the Appalachian Trail as is defined in § 135.42 (relating to Appalachian Trail). This exception to the prohibition on fires in § 135.2(8) is applicable only when the small fires are located at places where adequate precautions are taken to prevent the spread of fire and the small fires are attended at all times and completely extinguished before leaving the sites of the fires. This exception does not apply when the fire index rating used by the Department of Conservation and Natural Resources is high, very high or extreme for that area. A person causing a wildfire, in addition to possible criminal penalty, is liable for all damages, cost of extinguishing and fines.

 (3) Snowmobiles, as defined in 75 Pa.C.S. § 7702 (relating to definitions) may be driven beginning on the third Sunday in January through April 1 on designated areas, roads and trails marked with appropriate signs, so long as snowmobiles are registered and display valid registration decal as required under 75 Pa.C.S. §§ 7711.1 and 7711.2 (relating to registration of snowmobile or ATV; and limited registration of snowmobile or ATV).

 (b) Closure of game lands.

 (1) When the threat of forest fires exists, the Director has emergency authority to restrict the use of smoking materials on State game lands or to close State game lands to hunting, trapping, fishing, recreational use and other activity which may be or become detrimental to those lands or the flora or fauna thereon until the Director removes the restrictions. Emergency restrictions or closures will be announced to the news media.

 (2) The Director has the authority to close State game lands or portions thereof, to recreational or other uses, when the specified uses may be or have become detrimental to those lands or the flora or fauna thereon, or where the uses conflict with legal hunting, furtaking or fishing activities or the Commission's management or administration of State game lands. The closure may be seasonal or year-round and shall remain in effect until the Director removes the restrictions.

 (3) It is unlawful to violate restrictions or closure placed on these lands by the Director.

 (c) Additional prohibitions. In addition to the prohibitions contained in the act pertaining to State game lands and § 135.2, except with the written permission of the Director, it is unlawful to:

 (1) Contaminate, pollute or degrade groundwaters or surface waters or any waterways.

 (2) Graze or permit the grazing of livestock, place or maintain beehives or beekeeping apparatus.

 (3) Solicit, or place advertisements, signs or posters.

 (4) Ride a nonmotorized vehicle, conveyance or animal, except on roads normally open to public travel, or designated routes as posted, or while lawfully engaged in hunting, trapping or fishing.

 (5) Ride a nonmotorized vehicle, conveyance or animal from the last Saturday in September until the third Saturday in January, and before 1 p.m. from the second Saturday in April through the last Saturday in May inclusive, except on Sundays or while lawfully engaged in hunting, trapping or fishing.

 (6) Ride a nonmotorized vehicle, conveyance or animal on roads open to foot travel only.

 (7) Drive motor vehicles with or without attachments having a registered gross vehicle weight in excess of 12,000 pounds.

 (8) Use boats propelled by a motor. Battery powered electric motors may be used on waterways unless posted otherwise.

 (9) Consume, possess or transport any alcohol, liquor, beer, malt or brewed alcoholic beverage.

 (10) Use or possess any controlled substance or drug paraphernalia as defined or classified under The Controlled Substance, Drug, Device and Cosmetic Act (35 P. S. §§ 780-101—780-143).

 (11) Construct, place, maintain, occupy, use, leave or abandon any structures or other tangible property, except that portable hunting blinds or stands may be used subject to the following restrictions:

 (i) Use may not cause damage to trees.

 (ii) Except as provided in subparagraph (iii), overnight placement of portable hunting blinds or stands may not occur sooner than 2 weeks prior to the opening of the first deer season nor later than 2 weeks after the close of the last deer season within each wildlife management unit.

 (iii) Overnight placement of portable hunting blinds is additionally permitted during the spring turkey season within each wildlife management unit.

 (12) Feed wildlife or lay or place any food, fruit, hay, grain, chemical, salt or other minerals.

 (13) Release domestic animals, captive bred or captive raised game or wildlife.

 (14) Operate a motor vehicle in willful and wanton disregard for the safety of persons or property or in excess of posted speed limits, or where no speed limit is posted, in excess of 25 miles per hour.

 (15) Target shoot with firearms, bows and arrows or devices capable of launching projectiles, unless the person is in possession of a valid hunting or furtaker license signed by its holder. Exercise of privileges shall be done in a manner as to not cause injury to persons or property, or on areas not otherwise posted closed to those activities.

 (16) Except as provided in Subchapter J (relating to shooting ranges), discharge any firearm, bow and arrow, or device capable of launching projectiles that is not a lawful device to hunt game or wildlife.

 (17) Engage in an activity or event involving more than ten persons, which may conflict with the intended purposes or uses as defined in section 722 of the act (relating to use of property), or poses a potential environmental or safety problem.

 (18) Sell, distribute, deliver, service, guide or rent any equipment, material or commodity or otherwise transact or engage in any commercial activity. Commercial activity is any activity in which a person directly or indirectly accepts consideration of value as compensation for the provision of goods or services, including transportation.

 (19) Use State game lands for any personal, organizational or commercial purpose other than the intended use as defined in section 722 of the act.

 (20) Operate under authority of a contract, lease, agreement or permit and fail to abide by the terms and conditions contained in the contract, lease, agreement or permit.

 (21) Except on Sundays, be present on State game lands from November 15 through December 15 inclusive when not engaged in lawful hunting or trapping and fail to wear a minimum of 250 square inches of daylight fluorescent orange-colored material on the head, chest and back combined or, in lieu thereof, a hat of the same colored material. The material shall be worn so it is visible in a 360° arc. Persons using shooting ranges are exempted from this requirement.

 (22) Shoot clay birds anywhere except areas designated by the Director by signs stating that clay bird shooting is permitted.

[Pa.B. Doc. No. 14-668. Filed for public inspection March 28, 2014, 9:00 a.m.]

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