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PA Bulletin, Doc. No. 03-2069

RULES AND REGULATIONS

[58 PA. CODE CH. 135]

Lands and Buildings

[33 Pa.B. 5315]

   To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its June 24, 2003, meeting, adopted the following amendments:

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

   The final-form rulemaking will have no adverse impact on the wildlife resources of this Commonwealth.

   The authority for the final-form rulemaking is 34 Pa.C.S. (relating to Game and Wildlife Code) (code).

   Notice of proposed rulemaking was published at 33 Pa.B. 2763 (June 14, 2003) and corrected at 33 Pa.B. 2871 (June 21, 2003).

1.  Introduction

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

2.  Purpose and Authority

   Since the new State game lands (SGLs) regulations were promulgated, many of the unlawful acts pertaining to SGLs were listed in § 135.41 (relating to State game lands). To ensure these prohibitions applied to Commission administrative lands, the Commission added a reference to § 135.41 in § 135.81 (relating to Commission administrative lands). Additionally, since § 135.41 was intended for SGLs and Commission administrative lands, the reference to § 135.41 in §§ 135.121--135.123 (relating to Federal-owned lands; State-owned lands; and po-litical subdivision-owned lands) was 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 that ''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 proposed rulemaking was made under this authority.

3.  Regulatory Requirements

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

4.  Persons Affected

   Persons wishing to use SGLs or leased areas and other areas under agreement with the Commission will be affected by this final-form rulemaking.

5.  Comment and Response Summary

   There were no official comments received regarding this final-form rulemaking.

6.  Cost and Paperwork Requirements

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

7.  Effective Date

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

8.  Contact Person

   For further information regarding the final-form rulemaking, contact Michael A. Dubaich, 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 amendments 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 amendments 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 §§ 135.81 and 135.121--135.123 are to read as set forth at 33 Pa.B. 2763 and 2871.

   (b)  The Executive Director of the Commission shall certify this order and 33 Pa.B. 2763 and 2871 and deposit them with the Legislative Reference Bureau as required by law.

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

VERNON R. ROSS,   
Executive Director

   Fiscal Note: Fiscal Note 48-169 remains valid for the final adoption of the subject regulations.

[Pa.B. Doc. No. 03-2069. Filed for public inspection October 24, 2003, 9:00 a.m.]


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