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PA Bulletin, Doc. No. 03-1121

PROPOSED RULEMAKING

GAME COMMISSION

[58 PA. CODE CH. 135]

Lands and Buildings

[33 Pa.B. 2763]

   To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its April 8, 2003, meeting, proposed the following amendments:

   Amend §§ 135.81 and 135.121--135.123 to ensure recently promulgated regulations apply to Commission administrative lands.

   The proposed rulemaking will have no adverse impact on the wildlife resources of this Commonwealth.

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

   The proposed rulemaking was made public at the April 8, 2003, meeting of the Commission and comments can be sent until June 20, 2003, to the Director, Information and Education, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797.

1.  Introduction

   The Commission is proposing to amend §§ 135.81 and 135.121--135.123 to ensure recently promulgated regulations apply to Commission administrative lands.

2.  Purpose and Authority

   Since new State game lands regulations were promulgated, many of the unlawful acts pertaining to State game lands are now listed in § 135.41 (relating to State game lands). To ensure these prohibitions apply to Commission administrative lands, the Commission is proposing to add a reference to § 135.41 in § 135.81 (relating to Commission administrative lands). Additionally, since § 135.41 is intended for State game lands and Commission administrative lands, the reference to § 135.41 in §§ 135.121--135.123 (relating to Federal-owned lands; State-owned lands; and political subdivision-owned lands) should be eliminated since the language in § 135.41 is inapplicable on Federal, State and political subdivision-owned lands under Commission lease or control.

   Section 721(a) of the code (relating to control of property) provides ''The 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 proposed amendments were made under this authority.

3.  Regulatory Requirements

   The proposed rulemaking does not impose any additional restrictions, but rather clarifies the application of regulations already found in § 135.2 (relating to unlawful actions) and § 135.41.

4.  Persons Affected

   Persons wishing to use State game lands or leased areas and other areas under agreement with the Commission will be affected by the proposed rulemaking.

5.  Cost and Paperwork Requirements

   The proposed rulemaking should not result in additional cost or paperwork.

6.  Effective Date

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

7.  Contact Person

   For further information regarding the proposed rulemaking, contact Michael A. Dubaich, Director, Bureau of Law Enforcement, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717) 783-6526.

VERNON R. ROSS,   
Executive Director

   Fiscal Note:  48-169. No fiscal impact; (8) recommends adoption.

Annex A

TITLE 58.  RECREATION

PART III.  GAME COMMISSION

CHAPTER 135.  LANDS AND BUILDINGS

Subchapter E.  COMMISSION ADMINISTRATIVE LANDS

§ 135.81.  Commission administrative lands.

   [Section] Sections 135.2 and 135.41 (relating to unlawful actions; and State game lands) [pertains] pertain to lands and waters owned by the Commission, designated as regional offices, central offices, radio tower sites or visitor centers.

Subchapter G.  PUBLICLY-OWNED LANDS

§ 135.121.  Federal-owned lands.

   In addition to [§]§ 135.2 [and 135.41] (relating to unlawful actions[; and State game lands]), the following exceptions pertain to lands and waters owned by the Federal government under Commission lease or control, or both:

*      *      *      *      *

§ 135.122.  State-owned lands.

   [Sections] Section 135.2 [and 135.41] (relating to unlawful actions[; and State game lands]) [pertain] pertains to lands and waters owned by the Commonwealth under Commission lease or control, or both.

§ 135.123.  Political subdivision-owned lands.

   [Sections] Section 135.2 [and 135.41] (relating to unlawful actions[; and State game lands]) [pertain] pertains to lands and waters owned by a political subdivision under Commission lease or control, or both.

[Pa.B. Doc. No. 03-1121. Filed for public inspection June 13, 2003, 9:00 a.m.]


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