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PA Bulletin, Doc. No. 11-506

RULES AND REGULATIONS

Title 58—RECREATION

GAME COMMISSION

[ 58 PA. CODE CH. 135 ]

Lands and Buildings; State Game Lands

[41 Pa.B. 1621]
[Saturday, March 26, 2011]

 To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) at its February 1, 2011, meeting, amended § 135.41 (relating to State game lands) to limit the overnight placement of portable hunting blinds and stands on State game lands (SGLs).

 The final-form rulemaking will not have an 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 40 Pa.B. 6534 (November 13, 2010).

1. Purpose and Authority

 The Commission has historically permitted the placement and use of portable hunting blinds and stands on SGLs and continued support for their allowance has not diminished. However, the Commission has identified that this allowance has, in certain instances, resulted in the unintended consequence of some portable hunting blinds and stands on SGLs seemingly becoming permanent fixtures due to long term placement by hunters. While the Commission continues to support the placement and use of portable hunting blinds and stands on SGLs, it amended § 135.41 to limit the overnight placement of portable hunting blinds and stands to 2 weeks before the opening of the first deer season to 2 weeks after the close of the last deer season within each respective wildlife management unit and also limit the overnight placement of portable hunting blinds to the calendar dates of the spring turkey 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 amendments to § 135.41 were adopted under this authority.

2. Regulatory Requirements

 The final-form rulemaking amends § 135.41 by adding language limiting the overnight placement of portable hunting stands to 2 weeks before the opening of the first deer season to 2 weeks after the close of the last deer season within each respective wildlife management unit and also limit the overnight placement of portable hunting blinds to the calendar dates of the spring turkey season.

3. Persons Affected

 Persons wishing to place portable hunting blinds or stands on SGLs may be affected by the final-form rulemaking.

4. Comment and Response Summary

 The Commission received a total of three official written comments concerning this final-form rulemaking. Each written comment generally supported the amendment.

5. Cost and Paperwork Requirements

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

6. Effective Date

 The final-form rulemaking will be effective upon 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.

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 § 135.41 to read as set forth at 40 Pa.B. 6534.

 (b) The Executive Director of the Commission shall certify this order and 40 Pa.B. 6534 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 48-311 remains valid for the final adoption of the subject regulation.

[Pa.B. Doc. No. 11-506. Filed for public inspection March 25, 2011, 9:00 a.m.]


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