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PA Bulletin, Doc. No. 04-1283

RULES AND REGULATIONS

Title 58--RECREATION

GAME COMMISSION

[58 PA. CODE CH. 135]

Lands and Buildings

[34 Pa.B. 3703]

   To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its April 20, 2004, meeting, adopted the following rulemaking:

   Amend § 135.2 (relating to unlawful actions) by eliminating redundant language.

   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 34 Pa.B. 1941 (April 10, 2004).

1.  Introduction

   The Commission amends § 135.2(6) by eliminating redundant language.

2.  Purpose and Authority

   Section 135.2 provides a list of actions deemed unlawful by the Commission. Specifically, § 135.2(6) makes it unlawful, except with the permission of the person in charge of State owned or controlled lands, to ''remove or attempt to remove any manmade or natural object except wildlife and fish lawfully taken during the open season'' (emphasis added). ''During the open season'' is redundant and unnecessary. Therefore, the Commission amends § 135.2(6) by removing ''during the open season.''

   Section 721(a) of the code (relating to control of property) provides ''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 amendment to § 135.2 was adopted under this authority.

3.  Regulatory Requirements

   The final-form rulemaking does not change the substance of any existing regulations, but rather simply removes redundant language.

4.  Persons Affected

   Persons wishing to remove natural or manmade objects from lands under Commission control or ownership will be affected by the 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 final-from 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 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 § 135.2 to read as set forth at 34 Pa.B. 1941.

   (b)  The Executive Director of the Commission shall certify this order and 34 Pa.B. 1941 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 48-184 remains valid for the final adoption of the subject regulation.

[Pa.B. Doc. No. 04-1283. Filed for public inspection July 16, 2004, 9:00 a.m.]


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