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PA Bulletin, Doc. No. 18-447



[ 58 PA. CODE CH. 135 ]

Lands and Buildings; Archery Ranges

[48 Pa.B. 1688]
[Saturday, March 24, 2018]

 To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) proposed at its January 30, 2018, meeting to add § 135.183 (relating to archery ranges) to authorize the manners of usage of archery ranges established by the Commission.

 This proposed rulemaking will not have an adverse impact on the wildlife resources of this Commonwealth.

 The authority for this proposed rulemaking is 34 Pa.C.S. (relating to Game and Wildlife Code) (code).

 This proposed rulemaking was made public at the January 30, 2018, meeting of the Commission. Comments can be sent until April 20, 2018, to the Director, Information and Education, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797.

1. Purpose and Authority

 The Commission is proposing to add § 135.183 to authorize the manners of usage of archery ranges estab-lished by the Commission. These changes will not include a requirement that individuals using archery ranges acquire a range permit, hunting or trapping license or meet other exemption criteria.

 Section 721(a) of the code (relating to control of property) provides ''[t]he administration of all lands or 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 addition of § 135.183 is proposed under this authority.

2. Regulatory Requirements

 This proposed rulemaking will add § 135.183 to authorize the manners of usage of archery ranges established by the Commission.

3. Persons Affected

 Persons wishing to use State game lands archery ranges will be affected by this proposed rulemaking.

4. Cost and Paperwork Requirements

 This proposed rulemaking should not result in any additional cost or paperwork.

5. Effective Date

 This 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 this proposed rulemaking, contact Randy S. Shoup, Director, Bureau of Wildlife Protection, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717) 783-6526.

Executive Director

Fiscal Note: 48-432. No fiscal impact; (8) recommends adoption.

Annex A





§ 135.183. Archery ranges.

 (a) General provisions. In addition to § 135.2 (relating to unlawful actions) the following provisions pertain to lands under Commission ownership, lease or jurisdiction designated as archery ranges:

 (1) Archery ranges are open from dawn until dusk each day of the week.

 (2) A range may be reserved for exclusive use by an organized group from January 1 through October 1. An application for a range reservation shall be made through the appropriate regional director or a designee at least 20 days in advance.

 (3) An individual may not use the range during any period reserved by an organized group.

 (4) An individual or an organized group using the range is responsible for keeping the area clean and free of debris, and may not discard, deposit, leave or throw litter except in approved refuse containers. Range users shall remove targets from range bales when shooting is completed and prior to leaving the range.

 (5) The Commission is not responsible for anyone injured on the range. Individuals using Commission-owned ranges do so at their own risk and assume all responsibility for injuries to a person or property caused by or to them.

 (6) When more than one person is using the range, a range officer shall be designated.

 (7) An individual under 16 years of age may not use the range unless accompanied by a person 18 years of age or older.

 (8) The appropriate regional director or a designee may close a range by posting signs to that effect. An individual or organized group may not use the range during a period when it is posted as closed.

 (b) Prohibited acts. At an archery range located on land under Commission ownership, lease or jurisdiction, except when authorized by the appropriate regional director or a designee, it is unlawful to:

 (1) Discharge a bow or crossbow from any location on the range other than an established shooting station on the firing line.

 (2) Discharge a bow or crossbow at any target other than a paper target placed on a permanent target bale mounted by the Commission. Users are prohibited from intentionally shooting at or damaging the frames, stands or other structures constructed by the Commission to mount permanent target bales.

 (3) Discharge any arrow or bolt equipped with a broadhead or other cutting device, except at a broadhead shooting station designated by the Commission.

 (4) Be intoxicated, use or possess an intoxicating beverage or controlled substance on the range.

 (5) Discharge a bow or crossbow more than six times successively if another person is using the range.

 (6) Discharge a firearm or use firearm ammunition or other explosive materials.

 (7) Operate, manipulate or discharge a bow or crossbow in negligent disregard for the safety of other persons present at or nearby the range. This is specifically intended to include loading a bow or crossbow, operating or manipulating a loaded bow or crossbow, or discharging a bow or crossbow anywhere on the firing range while another person is downrange.

 (8) Use a Commission range in violation of any other requirement of this section or posted signage.

[Pa.B. Doc. No. 18-447. Filed for public inspection March 23, 2018, 9:00 a.m.]

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