PROPOSED RULEMAKING
[58 PA. CODE CH. 135]
Use of ATVs on State Game Lands
[29 Pa.B. 2581] To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) at its April 9, 1999, meeting, proposed the following amendment to Chapter 135, Subchapter C (relating to State game lands) by adding eight new sections to allow the use of all-terrain vehicles (ATVs) on designated State game land roads for persons who hold a valid disabled person permit to hunt from a vehicle.
These proposed regulations will have no adverse impact on the wildlife resources of this Commonwealth.
The authority for the proposal is 34 Pa.C.S. (relating to Game and Wildlife Code) (code).
This proposal was made public at the April 9, 1999, meeting of the Commission, and comments on this proposal can be sent to the Executive Director of the Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, until May 31, 1999.
Proposed Amendments to Chapter 135, Subchapter C
1. Introduction
To expand recreational opportunities for sportsmen holding disabled permits, the Commission at a meeting held on April 9, 1999, proposed to add §§ 135.49--135.56. This proposed action would be taken under the authority in section 721(a) of the code (relating to control of property).
2. Purpose and Authority
As a result of meetings held between representatives the Commission and representatives of disabled sportsmen, the Commission has decided to propose limited use of ATVs on designated game lands roads by holders of disabled person permits. This would expand accessibility for disabled sportsmen and provide them with more recreational opportunities. The use of ATVs would be restricted to protect wildlife responses. Section 721(a) of the code requires the Commission to promulgate regulations necessary to properly manage State game lands.
3. Regulatory Requirements
This proposal would expand opportunities for hunters with disabilities.
4. Persons Affected
Persons holding disabled person permits would have expanded hunting opportunities. Because of limitations, it is anticipated that impact on other hunters would be minimal.
5. Cost and Paperwork Requirements
A towing vehicle placard would be required and issued free of charge. This would be the only additional requirement.
6. Effective Date
These proposed regulations would be effective on final publication in the Pennsylvania Bulletin and would remain in effect until changed by the Commission.
7. Contact Person
For further information on the proposed regulations, contact James R. Fagan, Director, Bureau of Law Enforcement, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717) 783-6526.
DONALD C. MADL,
Executive DirectorFiscal Note: 48-112. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 58. RECREATION
PART II. GAME COMMISSION
CHAPTER 135. LANDS AND BUILDINGS
Subchapter C. STATE GAME LANDS § 135.49. Scope.
Sections 135.50--135.56 regulate the use of ATVs on State game lands by disabled persons.
§ 135.50. Definitions.
The following words and terms, when used in this section and §§ 135.49 and 135.51--135.56, have the following meanings, unless the context clearly indicates otherwise:
ATV--All-terrain vehicle--A motorized vehicle as defined in 75 Pa.C.S. § 7702(1)--(3) (relating to definitions).
Designated roads--State game land access or maintenance road that have been declared open to disabled persons using ATV's by the Director.
Permitted person--A person who qualifies for and is in possession of a permanent Disabled Person Permit to use a vehicle as a blind issued by the Commission and who possesses a valid hunting license.
Universal access symbol--A placard on which is displayed a wheelchair, generally blue and white in color that is recognized worldwide as evidence that the person who is displaying the symbol is disabled.
Towing vehicle placard--A placard provided by the Commission to permitted persons that shall be displayed on the dashboard or in a window of a vehicle.
§ 135.51. Designated roads on State game lands open to ATVs.
State game land roads that will be open for use by permitted persons operating ATVs will be designated by the Director. The Commission will make a list of these open roads available to the permittee, and will provide the list by mail to a permitted person that has applied for a towing vehicle placard.
(1) The Director, or a designee, may close State game lands or portions thereof, to recreational or other uses, when the specified uses may be or has 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, or a designee, removes the restrictions.
(2) Designated roads shall be open for use by permitted persons from 14 days prior to the opening day of the archery season to the closing day of the late muzzleloader/archery season and during the spring turkey season.
§ 135.52. Towing vehicle placard.
(a) A permitted person may apply for a towing vehicle placard on a form provided by the Commission.
(b) The towing vehicle placard shall be displayed on the dashboard or in a window of the towing vehicle when the towing vehicle is parked on State game lands.
§ 135.53. Operation of ATVs on designated state game land roads by permitted persons.
Permitted persons may operate an ATV on designated State game land roads under the following conditions:
(1) The ATV is operated at a speed not to exceed 10 mph.
(2) A universal access symbol for the disabled, at least 3 inches by 3 inches in size is displayed in a prominent place on the ATV while on State game lands.
(3) The ATV is registered with the Department of Conservation and Natural Resources and is displaying the valid decal as required under 75 Pa.C.S. § 7712(a) and (b) (relating to registration of snowmobiles and registration and issuance of certificates of title for ATVs).
(4) The ATV is equipped with a fully functional spark arrestor while operating on State game lands.
§ 135.54. Areas of operation and passengers.
(a) A permitted person may traverse a maximum of 100 yards perpendicular from the nearest road edge to establish a hunting location but may not traverse streams, springs, wet areas or food plots or other areas posted against travel.
(b) When a permitted person is incapable of operating an ATV, the person may be accompanied by one other person who is the operator, if the ATV is designed to carry a passenger.
(c) Except as provided in subsection (b), a permitted person may not carry another person as a passenger on an ATV.
§ 135.55. Penalties.
A person who violates this subchapter shall be subject to the penalties as provided in the act.
[Pa.B. Doc. No. 99-786. Filed for public inspection May 14, 1999, 9:00 a.m.]
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