PROPOSED RULEMAKING

GAME COMMISSION

[ 58 PA. CODE CH. 135 ]

Lands and Buildings; State Game Lands

[50 Pa.B. 2279]
[Saturday, May 2, 2020]

 To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) proposed at its April 7, 2020, meeting to amend § 135.41 (relating to State game lands) to eliminate the Sunday exemption from the fluorescent orange wearing requirement.

 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 April 7, 2020, meeting of the Commission. Comments can be sent until July 20, 2020, to the Director, Information and Education, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797.

1. Purpose and Authority

 On February 25, 2019, the act of November 27, 2019 (P.L. 739, No. 107) (Act 107) became effective. Among other things, the final legislation amended section 2303 of the code (relating to hunting on Sunday prohibited) to allow the Commission to authorize three designated days of hunting on Sunday in addition to existing authorizations. All three of the Sunday dates selected by the Commission fall within the date range found in § 135.41(c)(21), which requires persons entering State game lands that are not hunting or trapping to wear fluorescent orange colored material for their safety during the overlapping big game seasons. Entries on Sunday have previously been exempted from the requirement since no big game hunting typically occurred on these days. With the passage of Act 107 this will no longer be the case. The Commission is proposing to amend § 135.41 to eliminate the Sunday exemption from the fluorescent orange wearing requirement.

 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 amendments to § 135.41 are proposed under this authority.

2. Regulatory Requirements

 This proposed rulemaking will amend § 135.41 to eliminate the Sunday exemption from the fluorescent orange wearing requirement.

3. Persons Affected

 Persons wishing to enter State game lands that are not hunting or trapping during periods overlapping with big game seasons 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 Jason L. DeCoskey, Director, Bureau of Wildlife Protection, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717) 783-6526.

BRYAN J. BURHANS, 
Executive Director

 Fiscal Note: 48-458. 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

§ 135.41. State game lands.

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 (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:

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 (21) [Except on Sundays, be] 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.

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[Pa.B. Doc. No. 20-602. Filed for public inspection May 1, 2020, 9:00 a.m.]

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