PROPOSED RULEMAKING

[58 PA. CODE CH. 135]

Lands and Buildings; State Game Farms

[40 Pa.B. 6533]
[Saturday, November 13, 2010]

 To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) proposed, at its October 5, 2010, meeting, to amend § 135.61 (relating to State game farms) to make State game lands (SGLs) regulations equally applicable to State game farms.

 The proposed rulemaking will not have an 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 5, 2010, meeting of the Commission. Comments can be sent to the Director, Information and Education, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, until January 21, 2011.

1. Purpose and Authority

 ''State game farms'' are the only lands and waters under Commission ownership that do not enjoy the wide range of enumerated protections from various conduct provided under § 135.41 (relating to State game lands) in addition to the protections currently provided under § 135.2 (relating to unlawful actions). The Commission is proposing to amend § 135.61 to make SGLs regulations equally applicable to State game farms.

 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.'' The amendments to § 135.61 were proposed under this authority.

2. Regulatory Requirements

 The proposed rulemaking will amend § 135.61 by adding language expanding the application of SGLs regulations to lands and waters designated as State game farms.

3. Persons Affected

 Persons wishing to utilize lands designated as State game farms may be affected by the proposed rulemaking.

4. Cost and Paperwork Requirements

 The proposed rulemaking should not result in any 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 R. Palmer, Director, Bureau of Wildlife Protection, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717) 783-6526.

CARL G. ROE, 
Executive Director

 Fiscal Note: 48-312. No fiscal impact; (8) recommends adoption.

Annex A

TITLE 58. RECREATION

PART III. GAME COMMISSION

CHAPTER 135. LANDS AND BUILDINGS

Subchapter D. STATE GAME FARMS

§ 135.61. State game farms.

 [In addition to § 135.2 (relating to unlawful actions), the following pertain to lands and waters owned by the Commission, designated as State game farms] In addition to the following restrictions, §§ 135.2 and 135.41 (relating to unlawful actions; and State game lands) pertain to lands and waters owned by the Commission and designated as State game farms. It is unlawful to:

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[Pa.B. Doc. No. 10-2143. Filed for public inspection November 12, 2010, 9:00 a.m.]

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