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PA Bulletin, Doc. No. 11-507

RULES AND REGULATIONS

GAME COMMISSION

[ 58 PA. CODE CH. 135 ]

Lands and Buildings; State Game Farms

[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 § 135.61 (relating to State game farms) to make State game lands (SGLs) regulations equally applicable to State game farms.

 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. 6533 (November 13, 2010).

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 acts). The Commission amended § 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 adopted under this authority.

2. Regulatory Requirements

 The final-form rulemaking amended § 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 final-form rulemaking.

4. Comment and Response Summary

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

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 § 135.61 to read as set forth at 40 Pa.B. 6533.

 (b) The Executive Director of the Commission shall certify this order and 40 Pa.B. 6533 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 48-312 remains valid for the final adoption of the subject regulation.

[Pa.B. Doc. No. 11-507. Filed for public inspection March 25, 2011, 9:00 a.m.]


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