PROPOSED RULEMAKING

GAME COMMISSION

[58 PA. CODE CH. 135]

Lands and Buildings

[36 Pa.B. 7869]
[Saturday, December 23, 2006]

   To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its October 3, 2006, meeting, proposed to amend §§ 135.41 and 135.181 (relating to State game lands; and rifle and handgun ranges).

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

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

   The proposed rulemaking was made public at the October 3, 2006, meeting of the Commission. Comments can be sent, until January 19, 2007, to the Director, Information and Education, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797.

1.  Purpose and Authority

   Current regulations do not either explicitly permit or prohibit persons from engaging in clay bird shooting activities on most areas of Commission owned lands. Despite the lack of regulatory clarity on this issue, the Commission has widely accepted the occurrence of clay bird shooting activities on its lands. While the Commission intends to continue the promotion of recreational shooting activities on its lands, it has determined that due to lead management and recovery concerns, clay bird shooting activities must be limited to designated locations only. Therefore, the Commission is proposing to amend §§ 135.41 and 135.181 to specifically authorize clay bird shooting activities on Commission owned lands, but only in those areas designated by the Director.

   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.'' Section 2102(a) of the code (relating to regulations) provides that ''The commission shall promulgate such regulations as it deems necessary and appropriate concerning game or wildlife and hunting or furtaking in this Commonwealth, including regulations relating to the protection, preservation and management of game or wildlife and game or wildlife habitat, permitting or prohibiting hunting or furtaking, the ways, manner, methods and means of hunting or furtaking and the health and safety of persons who hunt or take wildlife or may be in the vicinity of persons who hunt or take game or wildlife in this Commonwealth.'' The amendments to §§ 135.41 and 135.181 were proposed under this authority.

2.  Regulatory Requirements

   The proposed rulemaking will amend §§ 135.41 and 135.181 to specifically authorize clay bird shooting activities on Commission owned lands, but only in areas designated by the Director.

3.  Persons Affected

   Persons wishing to engage in clay bird shooting activities on Commission owned lands will be affected by the proposed rulemaking.

4.  Cost and Paperwork Requirements

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

5.  Effective Date

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

6.  Contact Person

   For further information regarding the proposed rulemaking, contact Richard A. Palmer, Acting Director, Bureau of Wildlife Protection, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717) 783-6526.

CARL G. ROE,   
Executive Director

   Fiscal Note: 48-242. No fiscal impact; (8) recommends adoption.

Annex A

TITLE 58. RECREATION

PART III. GAME COMMISSION

CHAPTER 135. LANDS AND BUILDINGS

Subchapter C. STATE GAME LANDS

§ 135.41. State game lands.

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   (c)  Additional prohibitions. In addition to the prohibitions contained in the act pertaining to State game lands and § 135.2, except with the written permission of the Director, it is unlawful to:

*      *      *      *      *

   (22)  Shoot clay birds anywhere except areas designated by the Director by signs stating that clay bird shooting is permitted.

Subchapter J. SHOOTING RANGES

§ 135.181. Rifle and handgun ranges.

*      *      *      *      *

   (b)  Prohibited acts. At a rifle and handgun range located on land under Commission ownership, lease or jurisdiction, except when authorized by the appropriate regional director or a designee for military or law enforcement training, it is unlawful to:

*      *      *      *      *

   (7)  Shoot clay birds anywhere except areas designated by the Director by signs stating that clay bird shooting is permitted.

*      *      *      *      *

[Pa.B. Doc. No. 06-2516. Filed for public inspection December 22, 2006, 9:00 a.m.]

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