PROPOSED RULEMAKING
[ 58 PA. CODE CH. 135 ]
Lands and Buildings; State Game Lands
[45 Pa.B. 1374]
[Saturday, March 21, 2015]To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its January 27, 2015, meeting proposed to amend §§ 135.2 and 135.41 (relating to unlawful actions; and State game lands) to require that persons using portable hunting blinds or stands on State game lands or cooperative access properties mark their blinds or stands with a tag bearing their name and address or a number issued by the Commission.
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 January 27, 2015, meeting of the Commission. Comments can be sent until April 6, 2015, to the Director, Information and Education, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797.
1. Purpose and Authority
The Commission has historically permitted the placement and use of portable hunting blinds and stands on State game lands 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 State game lands 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 State game lands, it is proposing to amend § 135.41 to require that persons using portable hunting blinds or stands must mark their blinds or stands with a tag bearing their name and address or a number issued by the Commission. The Commission is also proposing to amend § 135.2 to extend the application of these requirements to portable hunting blinds or stands on cooperative access properties that are open to public hunting.
Section 721(a) of the code (relating to control of property) provides ''[t]he 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.'' The amendments to §§ 135.2 and 135.41 are proposed under this authority.
2. Regulatory Requirements
The proposed rulemaking will amend §§ 135.2 and 135.41 to require that persons using portable hunting blinds or stands on State game lands or cooperative access properties mark their blinds or stands with a tag bearing their name and address or a number issued by the Commission.
3. Persons Affected
Persons wishing to use portable hunting blinds or stands on State game lands or cooperative access properties will 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 Thomas P. Grohol, Director, Bureau of Wildlife Protection, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717) 783-6526.
R. MATTHEW HOUGH,
Executive DirectorFiscal Note: 48-379. 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:
* * * * * (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).
(13) Construct, place, maintain, occupy, use, leave or abandon structures or other tangible property, except in the manner otherwise authorized and limited by § 135.41(c)(11) (relating to State game lands).
Subchapter C. STATE GAME LANDS § 135.41. State game lands.
* * * * * (c) Additional prohibitions. In addition to the prohibitions contained in the act pertaining to State game lands and § 135.2, except with the written permission of the Director, it is unlawful to:
* * * * * (11) Construct, place, maintain, occupy, use, leave or abandon any structures or other tangible property, except that portable hunting blinds or stands may be used subject to the following restrictions:
(i) Use may not cause damage to trees.
(ii) Except as provided in subparagraph (iii), overnight placement of portable hunting blinds or stands may not occur sooner than 2 weeks prior to the opening of the first deer season nor later than 2 weeks after the close of the last deer season within each wildlife management unit.
(iii) Overnight placement of portable hunting blinds is additionally permitted during the spring turkey season within each wildlife management unit.
(iv) Portable hunting blinds or stands placed under subparagraph (ii) or (iii) must be conspicuously marked with a durable identification tag that legibly sets forth in the owner's first name, last name and legal home address in English or must bear a number issued by the Commission for this purpose.
(12) Feed wildlife or lay or place any food, fruit, hay, grain, chemical, salt or other minerals.
* * * * *
[Pa.B. Doc. No. 15-506. Filed for public inspection March 20, 2015, 9:00 a.m.]
No part of the information on this site may be reproduced for profit or sold for profit.This material has been drawn directly from the official Pennsylvania Bulletin full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.
