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PA Bulletin, Doc. No. 09-1605

RULES AND REGULATIONS

GAME COMMISSION

[ 58 PA. CODE CH. 135 ]

Lands and Buildings

[39 Pa.B. 5121]
[Saturday, August 29, 2009]

   To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) adopted the following rulemaking at its July 9, 2009, meeting:

   Amend § 135.41 (relating to state game lands) to specifically prohibit the use or possession of drug paraphernalia on State Game Lands (SGLs).

   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 39 Pa.B. 2811 (June 6, 2009).

1.  Purpose and Authority

   Illicit drug use and related drug crime has been a recurring problem that has plagued SGLs properties across this Commonwealth for decades. The Commission has and will continue to maintain a zero tolerance policy for illicit drug use and related drug crime on SGLs in its continuing efforts to maintain these lands for their primary purposes of providing and conserving habitat for this Commonwealth's wildlife resources as well as providing public access to open lands for recreational hunting and trapping activities. The Commission determined that although former regulatory provisions clearly prohibited the use and possession of controlled substances, they failed to clearly prohibit the use and possession of drug paraphernalia. The Commission also determined that the use and possession of drug paraphernalia on SGLs is just as deleterious as their related drug substances. In an effort to address this concern, the Commission amended § 135.41 to specifically prohibit the use or possession of drug paraphernalia on SGLs.

   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 741(b) of the code (relating to commission actions for damage to buildings or property) provides ''The commission shall promulgate regulations to protect users, improvements, lands and buildings under its control. These regulations shall cover, but need not be limited to . . . regulations required to properly protect and preserve these lands for their intended use.'' The amendments to § 135.41 were adopted under this authority.

2.  Regulatory Requirements

   The final-form rulemaking amended § 135.41 to specifically prohibit the use or possession of drug paraphernalia on SGLs.

3.  Persons Affected

   Persons unlawfully using or possessing drug paraphernalia on SGLs will be affected by the final-form rulemaking.

4.  Comment and Response Summary

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

5.  Cost and Paperwork Requirements

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

6.  Effective Date

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

7.  Contact Person

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

8.  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 (relating to notice of proposed rulemaking required; and adoption of regulations).

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

9.  Order

   The Commission, acting under authorizing statute, orders that:

   (a)  The regulations of the Commission, 58 Pa. Code Chapter 135, are amended by amending § 135.41 to read as set forth at 39 Pa.B. 2811.

   (b)  The Executive Director of the Commission shall certify this order and 39 Pa.B. 2811 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.

CARL G. ROE,   
Executive Director

   Fiscal Note:  Fiscal Note 48-285 remains valid for the final adoption of the subject regulation.

[Pa.B. Doc. No. 09-1605. Filed for public inspection August 28, 2009, 9:00 a.m.]


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