PROPOSED RULEMAKING
DEPARTMENT OF
CONSERVATION AND NATURAL RESOURCES
[17 PA. CODE CH. 21]
State Forests
[27 Pa.B. 4744] The Department of Conservation and Natural Resources (Department) proposes to amend Chapter 21 (relating to general provisions). The proposed amendments would modernize the State Forest regulations which have not been updated in more than 25 years. The proposed revisions will allow the Department to better manage the use of State Forest land and to protect fragile ecosystems.
A. Effective Date
These proposed amendments will go into effect upon publication in the Pennsylvania Bulletin as final rulemaking.
B. Contact Persons
For further information contact Warren A. Ely, Chief, Division of State Forest Management, P. O. Box 8552, Rachel Carson State Office Building, Harrisburg, PA 17105-8552, (717) 787-2014, or Susan Wood, Assistant Counsel, P. O. Box 8767, Rachel Carson State Office Building, Harrisburg, PA 17105-8767, (717) 772-4171. Information regarding submitting comments on this proposal appears in Section I of this Preamble. Persons with a disability may use the AT&T Relay Service by calling (800) 654-5984 (TDD users) or (800) 654-5988 (voice users).
C. Statutory Authority
The proposed rulemaking is being made under the authority of section 313 of the Conservation and Natural Resources Act (71 P. S. §§ 1340.102--1340.1103) which directs the Department to formulate, adopt and promulgate regulations regarding conduct on State Forest land.
D. Background and Purpose
The regulations which govern conduct on State Forest land have not been revised for more than 25 years. In their current form, they are badly outdated and are no longer sufficient to allow the Department to protect and control the use of State Forest land. The recreational and commercial use of State Forest land has increased dramatically in the last quarter century and these revisions are sorely needed. The Department's Advisory Council has reviewed the revisions and generally agrees that they are needed.
E. Summary of Regulatory Requirements
The following is a summary, by sections, of the significant changes:
Section 21.1 (Definitions): Definitions of the following terms are added: ''State Forest land,'' ''commercial activity,'' ''group activity,'' ''pack animal'' and ''State Forest designated hiking trail.''
Section 21.12 (Mooring and launching): Subsection (d) allows boaters to launch small watercraft such as canoes and rubber rafts from any point on the shoreline. However, to protect the environment, boats on trailers must be launched from designated launch areas.
Section 21.21 (Motor vehicles): Subsection (b) prohibits operating motor vehicles on roads, trails and other areas not designated for their use. From a practical standpoint, this section will have little impact on the using public. However, it will make enforcement more efficient and will cause the Department's rules and regulations to be identical to the Game Commission's thereby reducing confusion among visitors to both agencies' lands.
The proposed added wording in subsection (d) will allow adjoining landowners to receive commercial deliveries, such as fuel oil, without the necessity of obtaining a Road Use Agreement.
Section 21.23a (All-terrain vehicles): This proposed new section cites the law under which all-terrain vehicles may be operated and, reflecting existing practice, states the times of year they may be operated. All-terrain vehicles are prohibited from April 2 until the Friday before Memorial Day in order to protect the forest resource during the spring when soils are saturated and also to avoid possible conflict with spring gobbler season.
Section 21.23b (Trail bikes and other motorized off-road vehicles): New language is proposed to be added to address the possibility that, in the future, facilities may be provided for trail bikes and other motorized off-road vehicles.
Section 21.24 (Spark arrestors): Needlessly technical language is proposed to be deleted and replaced with a simple statement that functional spark arrestors on all motorized vehicles including all-terrain vehicles, trail bikes and other off-road motor vehicles are required.
Section 21.25 (Parking): This is a new proposed section that replaces paragraph (4) of § 21.21. It expands the areas where parking is prohibited. It will allow State Forest Officers to issue parking tickets instead of requiring a citation to be issued or filed. This will have the benefit of avoiding court costs for the person who parks in prohibited areas. This section is also found in the regulations of the Bureau of State Parks.
Sections 21.26 and 21.27 (Horses, pack animals; bicycles, person-powered vehicles): These proposed new sections prohibit horses, pack animals and bicycles from the two National hiking trails and the 18 State Forest designated hiking trails unless posted as open to the use. Those specific trails are maintained by volunteers from the hiking community and horses and bicycles have the capability to cause severe damage where the trails pass through fragile ecosystems.
Section 21.31 (Prohibitions): The language in this section is proposed to be expanded to provide for protection of a broader array of products of the forest. Also, the provisions of former § 21.70 (relating to removal of plants) have been included here.
Section 21.61 (Camping permit): This proposed revision would require that a camping permit be acquired by all campers on State Forest land. This will allow the Department to do a better job in monitoring camping activity. In addition, since camping continues to increase dramatically, it may be necessary in the future to control numbers. Requiring a camping permit will allow the Department to do that. At present, camping permits are free. There is no plan to charge for them in the near future.
Section 21.62 (Open fires): Since the spring and fall are normally the times of year when the danger of wildfires is at its highest, open fires are prohibited during these periods unless authorized by the District Forester.
Section 21.65 (Target shooting): Pennsylvania game laws do not define ''approved targets.'' Therefore, the proposed new wording in this section prohibits target shooting whenever there is a possibility of injuring or damaging people, animals, trees or property.
Section 21.67 (Posting and soliciting): Soliciting is proposed to be added as being prohibited on State Forest land without the permission of the Department.
Section 21.69 (Swimming): Reserved. The prohibition against swimming is proposed to be deleted as being too restrictive and, for the most part, unenforceable.
Section 21.70 (Removal of plants): This section is proposed to be incorporated into § 21.31 (relating to prohibitions) and is therefore reserved.
Section 21.70a (Snow plowing): This is a proposed new section. It prohibits snow plowing without the written permission of the District Forester or a representative because many State Forest roads also serve as snowmobile trails. In addition, plowing earthen roads can lead to damage due to increased traffic on wet roads.
Section 21.73 (Pets): This is a proposed new section that permits pets on State Forest land, but requires that they be kept under control at all times. This is to insure the safety of State Forest visitors and wildlife.
Section 21.74 (Disorderly conduct): This is a proposed new section that allows State Forest officers to take action when disorderly conduct occurs.
Section 21.75 (Sanitation): This is a proposed new section that is intended to protect the waters on State Forest land and to protect the health of State Forest visitors.
Section 21.76 (Feeding of wildlife): This is a proposed new section that limits wildlife feeding in compliance with 34 Pa.C.S. (relating to Game and Wildlife Code).
Section 21.77 (Commercial activity): This new proposed section prohibits selling, distributing, delivering, servicing, guiding or renting any equipment, material or commodity or otherwise engaging in commercial activity on State Forest land without the approval of the District Forester.
Section 21.78 (Group activities): This proposed new section reflects the Department's current policy of prohibiting group activities on State Forest land without the written permission of the District Forester.
Section 21.79 (Structures): This proposed new section prohibits building or erecting structures or memorials or engaging in construction or excavation activity without the written authorization of the Department. This language reflects current State Parks' regulations.
Section 21.80 (Trespass): This proposed new section adds a trespass provision and the means to enforce it. It corrects the current situation in which State Forest officers are sometimes severely hampered in the performance of their duties. A similar provision is included in the regulations of the Bureau of State Parks.
No companion Federal regulations exist.
Beginning in January 1998, the Department will hold a series of informational public meetings across this Commonwealth. In addition, copies of the proposed revisions will be mailed to special interest and user groups such as hiking, snowmobiling and equestrian user groups. Finally, a press release concerning the proposed amendments will be prepared.
F. Benefits, Costs and Compliance
Benefits
The revisions to the State Forest regulations will provide for improved protection of the forest resource and to the public recreating on State Forest land. Therefore, all citizens will benefit from their adoption.
Compliance Costs
Visitors to State Forest land will be required to comply with the regulations governing conduct. However, there will be no cost to them arising from compliance. There will be a minimal cost to the Department in that it will be necessary to revise some existing signs and create a few new ones.
Compliance Assistance Plan
Not applicable.
Paperwork Requirements
There will be a modest increase in the number of camping permits issued.
G. Sunset Review
These proposed amendments will be reviewed in accordance with the sunset review schedule to be developed by the Department to determine whether the proposed amendments effectively fulfill the goals for which they were intended.
H. Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on September 2, 1997, the Department submitted a copy of the proposed rulemaking to the Independent Regulatory Review Commission (IRRC) and the Chairpersons of the Senate and House Environmental Resources and Energy Committees. In addition to submitting the proposed amendments, the Department has provided IRRC and the Committees with a copy of a detailed regulatory analysis form prepared by the Department. A copy of this material is available to the public upon request.
If IRRC has objections to any portion of the proposed amendments, it will notify the Department within 10 days of the close of the Committees' comment period. The notification shall specify the regulatory review criteria which have not been met by that portion. The Regulatory Review Act specifies detailed procedures for the Department, the Governor and the General Assembly to review these objections before final publication of the regulations.
I. Public Comments
Interested persons are invited to submit comments, suggestions or objections regarding the proposed amendments to the Bureau of Forestry, P. O. Box 8552, Harrisburg, PA 17105-8552. Comments submitted by facsimile will not be accepted. Comments, suggestions or objections must be received by the Department by November 12, 1997.
J. Public Meetings
The Department will hold four public meetings for the purpose of explaining the proposed rulemaking and responding to questions. They will be held at 7 p.m. on the following dates and locations:
September 22, 1997, at the Landisburg Fire Company off of Route 850 in Landisburg, PA.
September 24, 1997, at the Wellsboro Fire Company on East Avenue in Wellsboro, PA.
September 25, 1997, at the Ramada Inn at Exit 10 of the Pennsylvania Turnpike in Somerset, PA.
September 29, 1997, at the Delaware Forest District Office located on Route 611 in Swiftwater, PA.
No formal record of questions or comments will be kept for these meetings.
Persons in need of accommodations as provided for in the Americans With Disabilities Act of 1990 should contact Warren A. Ely directly at (717) 787-2014 or through the Pennsylvania AT&T Relay Service at (800) 654-5984 (TDD) to discuss how the Department may accommodate their needs.
JOHN C. OLIVER,
SecretaryFiscal Note: 7B-1. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 17. CONSERVATION AND NATURAL RESOURCES
PART I. DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES
Subpart C. STATE FORESTS
CHAPTER 21. GENERAL PROVISIONS
PRELIMINARY PROVISIONS § 21.1. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise
[Bureau--The Bureau of Forestry of the Department.]
Commercial activity--An activity in which a person directly or indirectly accepts consideration of value as compensation for the provision of goods or services, including transportation.
District Forester--The Department's Bureau of Forestry employe so designated.
Group activity--An organized activity occurring as a scheduled event and requiring a large land area or unique land formation and which may conflict with normal or traditional uses or pose a potential environmental problem.
Pack animal--A horse, mule, donkey or other heavy beast of burden.
State Forest designated hiking trail--Any trail on State Forest land which is listed as a major named hiking trail in the State Forest resource plan and posted as a State Forest designated hiking trail.
State Forest land--Land which is owned or leased by the Commonwealth and which is administered by the Bureau of Forestry.
§ 21.2. Scope.
This chapter applies to State [forests in the Commonwealth under the jurisdiction of the Department] Forest land.
§ 21.3. Violations.
(a) A person is guilty of a summary offense under 18 Pa.C.S. § 7505 (relating to violation of governmental rules regarding traffic) if that person commits an act which is prohibited by § 21.21 (relating to [licensed] motor vehicles).
* * * * *
BOATING § 21.11. Use.
Unless posted otherwise, all waters on State Forest land [shall be] are open for the operation of watercraft. Operation of watercraft in waters posted against [such] this operation [shall be] is prohibited.
§ 21.12. Mooring and launching.
(a) Overnight mooring or storage of watercraft from November 15 through March 31 [shall be] is prohibited except on lands leased from the Commonwealth.
(b) The launching or mooring of watercraft on [waters] lakes and ponds in State Forests requires the appropriate valid State Recreation Area Watercraft Permit affixed aft of amidship on the starboard--right-side.
* * * * * (d) [Fees are as follows:
(1) Mooring Permit $15/year
(2) Launching Permit $5.00/year
(3) Boat Dock Permit $5.00/year]
Small, hand-carried boats, rafts and canoes may be launched from any point on the shoreline. Boats on trailers may be launched only at designated launch areas.
(e) [Boat launching shall be prohibited at other than designated launching areas.
(f)] (e) Boat mooring [shall be] is prohibited at other than designated mooring areas.
§ 21.13. Motorized boats.
Use of motors, except electric motors, for the propulsion of watercraft [shall be] is prohibited.
MOTORIZED VEHICLES § 21.21. [Licensed motor] Motor vehicles.
(a) This section pertains to motor vehicles other than those addressed in §§ 21.22, 21.23a and 21.23b (relating to snowmobiles; all-terrain vehicles; and trail bikes and other motorized off-road vehicles).
(b) [Licensed motor vehicles shall be permitted on State Forest roads open to public travel.] Operation of motor vehicles on State Forest land in the following manners [shall be] is prohibited:
(1) Operation of [any] a motor vehicle in [a reckless or negligent manner,] careless 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.
(2) Driving on roads, trails or other areas not specifically designated and posted for motor vehicle traffic unless authorized in writing by the District Forester or a designee.
[(2)] (3) Driving on roads, trails[,] or other areas closed to [vehicular traffic] motor vehicles by posted signs or barriers.
[(3)] (4) The use of State Forest roads for commercial purposes without a Road Use Agreement from the Department. An individual or corporation whose property adjoins State Forest land is not required to obtain a Road Use Agreement to use State Forest roads for incidental commercial purposes to make deliveries to the property.
[(4) Parking a vehicle in front of gates or on roads in such a manner as to interfere with the free use of the gate or the road.]
(5) Operating unlicensed [or], unregistered or uninspected motor vehicles on State Forest [roads open to public travel] land.
§ 21.22. Snowmobiles.
(a) Snowmobiling [shall be] is permitted in accordance with 75 Pa.C.S. Chapter 77 (relating to snowmobiles) and this section.
(b) Snowmobiles may be operated on designated snowmobile roads, designated trails[,] and designated and posted areas on State Forest land from the day following the last day of regular or extended antlerless deer season as established by the Game Commission until the following April 1, inclusive, or earlier, as determined by [snow conditions] the District Forester.
(c) Operation of snowmobiles on [any] a road, trail[,] or area not [specially] specifically designated and posted for snowmobile use or at any time of year in which snowmobiling [shall] is not [be] permitted under this section [shall be] is prohibited.
§ 21.23. Trail bikes[,] and other motorized off-road vehicles.
This section pertains to motorized off-road vehicles other than those addressed in §§ 21.22 and 21.23a (relating to snowmobiles; and all-terrain vehicles).
[(a)] (1) Trail bikes[,] and other motorized off-road vehicles [, and all other similar motorized recreation vehicles] may be operated only on [designated] roads, [designated] trails[,] or other areas [which] that have been specifically designated and posted for their use.
[(b)] (2) [Unless authorized in writing by the Bureau, all such vehicles are excluded from State Forest land between September 25 and the day following the last day of antlerless deer hunting season, inclusive, as established by the Game Commission.] Trail bikes and other motorized off-road vehicles may be operated only during the times of year authorized by the Department's Bureau of Forestry by posted signs.
[(c)] (3) Operation of trail bikes[, off-road vehicles,] and [all] other [similar] motorized [recreation] off-road vehicles on any road, trail[,] or other area not [specially] specifically designated and posted for their use, or at any time of the year in which their use is excluded under this section [shall be], is prohibited.
§ 21.23a. All-terrain vehicles.
(a) The operation of all-terrain vehicles is permitted in accordance with 75 Pa.C.S. Chapter 77 (relating to all-terrain vehicles) and this section.
(b) All-terrain vehicles may be operated on designated and posted roads, trails and other areas from the Friday before Memorial Day until September 24, inclusive, and from the day following the last day of the regular or extended antlerless deer season as established by the Game Commission until April 1, inclusive.
(c) Operation of all-terrain vehicles on a road, trail or area not specifically designated and posted for all-terrain vehicle use, or at any time of year in which all-terrain vehicle use is excluded under this section is prohibited.
§ 21.24. Spark arrestors.
[(a) All trail bikes, off-road vehicles, and other similar motorized recreation vehicles operating in, on, or through State Forest land shall have an approved, properly installed spark arrestor which shall meet and be qualified to either of the following:
(1) The United States Department of Agriculture, Forest Service Standard 5100-1a.
(2) The 80% efficiency level when determined in accordance with the appropriate SAE recommended practices J335 or J350 noise level restrictions.
(b) The United States Forest Service publication, Spark Arrestor Guide, will be used as the reference sources in determining whether or not a spark arrestor is approved.
(c) Operation of any trail bike, off-road vehicle, or other similar motorized recreation vehicle in, on, or through State Forest land without an approved spark arrestor shall be prohibited.]
Operation of any motorized vehicle, all-terrain vehicle, trail bike or other motorized off-road vehicle in, on or through State Forest land without a fully functional spark arrestor is prohibited.
§ 21.25. Parking
(a) Parking a motor vehicle, all-terrain vehicle, snowmobile, trail bike, other motorized off-road vehicle, boat trailer, camp trailer or other equipment which obstructs a gate, road, trail, footpath, bicycle path, access way, drinking fountain, entrance, exit or road turnaround on State Forest land is prohibited.
(b) Violations of this section will be handled as follows:
(1) Prior to the filing of a citation charging a summary offense under this section, the Department may issue a parking ticket, which will be handed to the violator or placed on the windshield of the violator's vehicle. The violator may avoid criminal proceedings by paying a charge to the Department, equivalent to the maximum fine as provided in 18 Pa.C.S. § 7505 (relating to violation of governmental rules regarding traffic), within 5 days of the violation in the manner specified on the ticket.
(2) When a parking ticket has been issued, the Department may institute criminal proceedings only upon failure of the violator to pay the charge in accordance with the time limit specified in paragraph (1) and in the manner specified on the ticket.
(3) When a parking ticket has not been issued, the Department may institute criminal proceedings by issuing a citation.
ANIMALS AND NONMOTORIZED VEHICLES §21.26. Horses and pack animals.
Horses and pack animals are permitted on State Forest land with the following exceptions:
(1) National and State Forest designated hiking trails unless posted as being open to their use.
(2) A road, trail or other area posted against the use of the animals.
§ 21.27. Bicycles and person-powered vehicles.
Bicycles and person-powered vehicles are permitted on State Forest land with the following exceptions:
(1) National and State Forest designated hiking trails unless posted as being open to their use.
(2) A road, trail or other area posted against the use of the vehicles.
[FUEL WOOD]
FOREST PRODUCTS § 21.31. [Permit] Prohibitions.
[Cutting and removing any wood from State Forest land without a permit issued by the District Forester or his designee shall be prohibited.] The following activities are prohibited:
(1) Cutting, picking, digging, damaging or removing, in whole or in part, a living or dead plant, vine, shrub, tree or flower on State Forest land without written authorization of the District Forester or a designee, except that berries, nuts, leeks and mushrooms may be gathered without authorization if they are gathered for one's own personal or family consumption.
(2) Removing rocks, shale, sand, clay, soil or other mineral products from State Forest land without written authorization of the District Forester or a designee.
(3) Removing peat, sawdust, bark, mulch or other products from State Forest land without written authorization of the District Forester or a designee.
(4) Removing or disturbing historical or archeological resources from State Forest land without written authorization of the District Forester or a designee.
§ 21.32. Designated trees.
Cutting or removal of other than designated or marked trees [shall be] is prohibited.
§ 21.33. Cutting practices.
(a) The stump height of cut trees [shall] may not exceed the diameter of the stump or 12 inches whichever is smaller.
(b) All tops and slash shall be removed 25 feet from streams, roads, trails and State Forest boundaries.
(c) [The use of unauthorized cutting practices or the] The blocking of drainage ditches [along forest roads or streams], pipes and other structures with tops and slash [shall be] is prohibited.
§ 21.34. Removal.
[(a)] The removal of fuel wood and other forest products from the forest by [means] the use of tractors, skidders or any method other than hand carrying [shall be] is prohibited [unless otherwise authorized in writing by] without written authorization of the District Forester or a designee.
[(b) All wood of greater than 4-inch diameter from a felled tree must be removed.]
§ 21.35. [Liability] (Reserved).
[The Commonwealth will not be liable for any accidents, injuries or damages incurred by or caused by the permittee in cutting and removing fuel wood.]
MISCELLANEOUS PROVISIONS § 21.61. Camping permit.
Camping is defined as overnight lodging using standard camping equipment. Camping without a current camping permit issued by the District Forester or [his] a designee is prohibited. [; provided, however, that primitive backpack campers not using developed facilities shall not need a permit if they stay no more than one night at any campsite.]
§ 21.62. Open fires.
(a) [Small fires for cooking or warming purposes shall be] Subject to the prohibition in subsection (b), small campfires are permitted only [at places] where adequate precautions are taken to prevent the spread of fire into the forest [; all]. All other fires are prohibited. Campfires shall be attended at all times.
(b) [All open] Open fires [of any kind shall be] are prohibited when the forest-fire danger is [posted as] determined by the District Forester to be High, Very High or Extreme and from March 1 to May 25, inclusive and from October 1 to December 1, inclusive, without authorization from the District Forester or a designee.
(c) A person causing a wildfire, in addition to possible criminal penalty, [shall be] is liable for all damages, costs of extinction[,] and fines.
§ 21.63. Hunting and trapping.
(a) Hunting [shall be] and trapping on State Forest land are permitted in accordance with current Pennsylvania game laws [on all areas] and regulations unless otherwise posted.
(b) Hunting and trapping in violation of posted closure or special restriction notices [shall be] are prohibited.
§ 21.64. Fishing.
(a) Fishing [shall be] in waters on State Forest land is permitted in accordance with current Pennsylvania fish and boat laws and regulations, unless otherwise posted.
(b) Fishing in violation of posted closure or special restriction notices [shall be] is prohibited.
§ 21.65. Target shooting.
Target shooting with firearms [or], bows and arrows [at other than protected and approved targets and in conformity with the Pennsylvania game laws shall be prohibited] or devices capable of launching projectiles and causing injury to persons or property is prohibited at any location where it could cause or threaten injury, damage or disturbance to a person, animal, living tree, sign, structure or equipment.
§ 21.66. Destruction of property.
Damaging, defacing or removing any sign, structure, equipment or other material [shall be] is prohibited.
§ 21.67. Posting and soliciting.
Posting of signs or soliciting without [the permission of the Department] written authorization of the District Forester or a designee is prohibited.
§ 21.68. Littering and disposal.
Littering [of areas with] or disposal of garbage, paper, household refuse, waste or other [waste] material of any kind is prohibited.
§ 21.69. [Swimming] (Reserved).
[Unless otherwise authorized, swimming shall be prohibited in all dams, ponds, lakes and streams on State Forest lands.]
§ 21.70. [Removal of plants] (Reserved).
[Picking, digging, cutting, damaging or removing any living plant, vine, shrub or tree or flower thereof shall be prohibited unless authorized by written permit from the Department.]
§ 21.70a. Snow plowing.
The plowing or removal of snow from State Forest land without written authorization of the District Forester or a designee is prohibited.
§ 21.71. Closure.
(a) Areas or portions of a State Forest or State Forest facilities may be closed or restricted to certain [specified] uses by the [Department] District Forester or a designee.
(b) [Restricted areas or facilities will be conspicuously posted to inform the public of the restricted use of the area.] The public will be informed of the closed or restricted areas or facilities by any form of communication, which may include posted signs, or by fencing or other enclosure manifestly designed to exclude intruders.
(c) Violation of the closure or restriction notices under subsection [(a)] (b) is prohibited.
§ 21.72. Closure because of fire danger.
(a) [In the event] If the forest-fire danger rating is Very High or Extreme, [the Director of the Bureau may close] all or portions of the State Forest may be closed to certain specified uses.
* * * * * § 21.73. Pets.
Pets are permitted on State Forest land if they are kept under control and attended at all times.
§ 21.74. Disorderly conduct.
The following are prohibited:
(1) Fighting, threatening, violent or tumultuous behavior.
(2) The possession or consumption of alcoholic beverages by persons under 21 years of age.
§ 21.75. Sanitation.
The use of water outlets, springs, lakes or waterways for washing purposes, or the discharge of trailer, camper or motor home sewage, sink water or bath water on or into the ground or surface waters, is prohibited.
§ 21.76. Feeding of wildlife.
(a) Feeding of wildlife, except for elevated songbird feeders of less than one-half bushel capacity, is prohibited on State Forest land from 30 days prior to the beginning of spring gobbler season until the day following the last day of flintlock muzzleloader deer season.
(b) Placing of wildlife feeders of more than one-half bushel capacity on State Forest land without the authorization of the District Forester or a designee, is prohibited.
§ 21.77. Commercial activity.
Selling, distributing, delivering, servicing, guiding or renting any equipment, material or commodity or otherwise engaging in commercial activity on State Forest land without written authorization of the District Forester or a designee is prohibited.
§ 21.78. Group activities.
Group activities are prohibited without written authorization of the District Forester or a designee.
§ 21.79. Structures.
Building or erecting a structure or memorial, or engaging in construction or excavation activity, without written authorization of the Department is prohibited.
§ 21.80. Trespass.
(a) A person who violates this chapter or disregards instructions or warnings given by a State Forest officer or interferes with a State Forest officer in the performance of the duties of the officer may be ordered to leave State Forest land.
(b) A person who refuses to leave State Forest land, after receiving an order to leave from a State Forest officer, commits an act of criminal trespass under 18 Pa.C.S. § 3503 (relating to criminal trespass).
[Pa.B. Doc. No. 97-1474. Filed for public inspection September 12, 1997, 9:00 a.m.]
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