PROPOSED RULEMAKING
[ 58 PA. CODE CH. 135 ]
Lands and Buildings; Unlawful Actions
[42 Pa.B. 5235]
[Saturday, August 11, 2012]To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) proposed at its June 26, 2012, meeting to amend § 135.2 (relating to unlawful actions) to create a regulatory violation to possess, maintain, operate, occupy or travel by all-terrain vehicle (ATV) or snowmobile in a manner not in accordance with the standards in 75 Pa.C.S. (relating to Vehicle Code).
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 June 26, 2012, meeting of the Commission. Comments can be sent, until September 21, 2012, to the Director, Bureau of Information and Education, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797.
1. Purpose and Authority
Unauthorized ATV operation on State game lands and hunter access cooperator properties continue to be one of the top ten violations Wildlife Conservation Officers (WCO) encounter each year. Illegal ATV operation has been identified as a major source of wildlife habitat destruction across the landscapes of these lands and waters. These usage violations are very often accompanied by ATV classification offenses (registration, insurance, and the like) as set forth in 75 Pa.C.S. Under current law, WCOs do not have authority to enforce 75 Pa.C.S. summary offenses. The Commission normally forwards these violations to other enforcement authorities. This practice typically ends in mixed results. Delays and jurisdictional problems often result in significant challenges in the processing of these cases successfully. The Commission is proposing to amend § 135.2 to create a regulatory violation to possess, maintain, operate, occupy or travel by ATV or snowmobile in a manner not in accordance with the standards in 75 Pa.C.S. This proposed amendment will ensure safe and effective enforcement of these requirements occurring on lands and waters under Commission ownership, lease, agreement or control.
Section 721(a) of the code (relating to control of property) provides ''The administration of all lands or 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 § 135.2 are proposed under this authority.
2. Regulatory Requirements
The proposed rulemaking will amend § 135.2 to create a regulatory violation to possess, maintain, operate, occupy or travel by ATV or snowmobile in a manner not in accordance with the standards in 75 Pa.C.S.
3. Persons Affected
Persons operating snowmobiles or ATVs on lands or waters under Commission ownership, lease, agreement or jurisdiction may 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 R. Palmer, Director, Bureau of Wildlife Protection, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717) 783-6526.
CARL G. ROE,
Executive DirectorFiscal Note: 48-346. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 58. RECREATION
PART III. GAME COMMISSION
CHAPTER 135. LANDS AND BUILDINGS
Subchapter A. GENERAL PROVISIONS § 135.2. Unlawful actions.
In addition to the prohibitions in the act on lands, waters or buildings under Commission ownership, lease, agreement, control or jurisdiction, it is unlawful, except with the permission of the person in charge of the lands, or the written permission of the Director to:
* * * * * (11) Travel by mechanical or motorized conveyance or ride animals on newly constructed, seeded or planted roads, or other areas, when posted against the travel.
(12) Possess, maintain, operate, occupy or travel by snowmobile or ATV in a manner not in accordance with the standards in 75 Pa.C.S. Chapter 77 (relating to Snowmobile and All-Terrain Vehicle Law).
[Pa.B. Doc. No. 12-1516. Filed for public inspection August 10, 2012, 9:00 a.m.]
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