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PA Bulletin, Doc. No. 02-1672

RULES AND REGULATIONS

GAME COMMISSION

[58 PA. CODE CH. 135]

State Game Land Roads; Disabled Persons

[32 Pa.B. 4709]

   To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its July 28, 2002, meeting, adopted the following change:

   Amend § 135.48 (relating to State game lands roads open to vehicular traffic for disabled persons) to no longer require the person who accompanies a disabled hunter to have a valid hunting license.

   This final-form rulemaking was adopted under the authority of 34 Pa.C.S. (relating to the Game and Wildlife Code) (code).

   Notice of proposed rulemaking was published at 32 Pa.B. 2894 (June 15, 2002).

1.  Introduction

   The Commission is amending § 135.48 to no longer require the person who simply accompanies a disabled hunter to have a valid hunting license.

2.  Purpose and Authority

   Many times the only person available to accompany disabled persons in their vehicles on game land roads open for travel to disabled persons do not hunt and do not possess a hunting license as currently required. This limits the hunting opportunities available to disabled hunters. As a result, the Commission is only requiring individuals actually participating in the hunt to have a hunting license. This final-form rulemaking should expand hunting opportunities for disabled hunters.

   Section 2102(a) of the code (relating to regulations) directs the Commission to promulgate regulations, as it deems necessary and appropriate, concerning game or wildlife and hunting or furtaking in this Commonwealth. This provides the regulatory authority for the final-form rulemaking.

3.  Regulatory Requirements

   The final-form rulemaking will relax current requirements.

4.  Persons Affected

   Individuals accompanying disabled hunters and the hunters themselves will benefit from this adoption.

5.  Comment and Response Summary

   There were no official comments received with regard to this final-form rulemaking.

6.  Cost and Paperwork Requirements

   The final-form rulemaking should not result in any additional cost or paperwork.

7.  Effective Date

   The final-form rulemaking will be effective upon publication in the Pennsylvania Bulletin and will remain in effect until changed by the Commission.

8.  Contact Person

   For further information regarding this final-form rulemaking, contact David E. Overcash, Director, Bureau of Law Enforcement, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717) 783-6526.

Findings

   The Commission finds that:

   (1)  Public notice of intention to adopt the administrative amendment adopted by this order has been given under sections 201 and 202 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. §§ 1201 and 1202) and the regulations thereunder, 1 Pa. Code §§ 7.1 and 7.2.

   (2)  The adoption of the amendment of the Commission in the manner provided in this order is necessary and appropriate for the administration and enforcement of the authorizing statute.

Order

   The Commission, acting under authorizing statute, orders that:

   (a)  The regulations of the Commission, 58 Pa. Code Chapter 135, are amended by amending § 135.48 to read as set forth in Annex A.

   (b)  The Executive Director of the Commission shall submit this order and Annex A, and deposit them with the Legislative Reference Bureau as required by law.

   (c)  This order shall become effective upon final publication in the Pennsylvania Bulletin.

VERNON R. ROSS,   
Executive Director

   Fiscal Note: Fiscal Note 48-147 remains valid for the final adoption of the subject regulation.

Annex A

TITLE 58.  RECREATION

PART III.  GAME COMMISSION

CHAPTER 135.  LANDS AND BUILDINGS

Subchapter C.  STATE GAME LANDS

§ 135.48.  State game lands roads open to vehicular traffic for disabled persons.

   (a)  Vehicular traffic permitted. Vehicular traffic will be permitted on designated roads on State game lands for persons issued a Disabled Persons Permit under section 2923(a) of the act (relating to disabled person permits).

   (1)  Roads will be open for one-way travel, weather permitting, from 14 days prior to the opening day of archery season to the closing day of the muzzleloader/archery season.

   (2)  A permittee may be accompanied by only one person, and before participating in hunting in any manner that person shall be in possession of a valid Pennsylvania hunting or furtakers license. The permittee may also be accompanied by one or more of the permittee's children who hold a valid junior hunting or furtakers license.

   (b)  Designated roads on State game lands.

   (1)  State Game Lands No. 110--Berks and Schuylkill Counties--Game lands road beginning at State Route 183 to a parking lot located on Township Road T-720, north of Shartlesville, Pennsylvania, a distance of approximately 7.6 miles.

   (2)  State Game Lands No. 117--Washington County--game lands road beginning .5 miles north of Burgettstown Community Park along State Route 4007 to the intersection of State Route 18, a distance of approximately 2.5 miles.

   (3)  State Game Lands No. 12--Bradford and Sullivan Counties--Game lands road beginning at village of Wheelerville, Pennsylvania, along State Route 154 to the intersection of Township Road T-359 south of the town of Laquin, a distance of approximately 8.5 miles.

   (4)  State Game Lands No. 49--Bedford and Fulton Counties--Game lands road beginning 1.5 miles east of Robinsonville, Pennsylvania, along State Route 2006 to a parking lot located on Township Road T-316, a distance of approximately 3.8 miles.

   (5)  State Game Lands No. 244--Jefferson County--Game lands road beginning 3.5 miles east of Knox Dale, Pennsylvania, along State Route 2025 to a parking lot located on this game land, a distance of approximately 3 miles.

   (6)  State Game Lands No. 134--Lycoming and Sullivan Counties--Game lands road beginning 2.5 miles west of Hillsgrove, Pennsylvania, along State Route 4010 to the intersection of State Route 1005, a distance of approximately 6 miles.

   (7)  State Game Lands No. 210--Dauphin County--Game lands road (Lukes Trail) beginning at western game lands boundary to the intersection of State Route 4013, a distance of approximately 1.4 miles.

   (8)  State Game Lands No. 59--McKean and Potter Counties--Game lands road beginning at northern game lands boundary on Township Route T-342 to the intersection of State Route 4001, a distance of approximately 2.4 miles.

   (9)  State Game Lands No. 37--Tioga County--Game lands road beginning at northern game lands boundary on Stephenhouse Run Road to Rarick Fire Tower and intersection of Township Route T-710, a distance of approximately 2.1 miles.

[Pa.B. Doc. No. 02-1672. Filed for public inspection September 27, 2002, 9:00 a.m.]


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