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PA Bulletin, Doc. No. 97-506

RULES AND REGULATIONS

Title 58--RECREATION

GAME COMMISSION

[58 PA. CODE CH. 135]

Lands and Buildings

[27 Pa.B. 1646]

1.  Introduction

   During meetings held between representatives of the Game Commission (Commission) and representatives of organizations of sportsmen with disabilities (Sportsmen), Sportsmen requested changes to Commission regulations relating to persons with disabilities access to State game lands. After careful staff consideration of these requests, Commission, at its October 8, 1996, meeting, proposed and at its January 14, 1997, meeting finally adopted an amendment to § 135.2 (relating to unlawful acts on State game lands), to permit additional access for sportsmen permanently confined to wheelchairs. This change is adopted under the authority contained in section 721(a) of the Game and Wildlife Code (relating to control of property) (code) and is consistent with the spirit of Title II of the Federal Americans with Disabilities Act.

2.  Purpose and Authority

   As was indicated in the introduction, representatives of the Commission are regularly meeting with representatives of groups of sportsmen with disabilities to discuss matters of mutual concern. During one meeting, a request was made to allow wheelchairs on State game lands. After staff consideration, it was decided that individuals permanently confined to wheelchairs could be permitted on game lands in electric wheelchairs without excessive damage to wildlife and wildlife habitat.

   Section 721(a) of the code authorizes the Commission to promulgate regulations necessary to properly manage lands under its control. Section 2923 of the code (relating to disabled person permits) provides for disabled person permits and allows individuals holding these permits to hunt from a vehicle.

3.  Regulatory Requirements

   This change relaxes current restrictions. Individuals taking advantage of this change must be permanently confined to a wheelchair and may use an electric powered wheelchair.

4.  Persons Affected

   Individuals permanently confined to wheelchairs will be affected by the change.

5.  Comments and Response Summary

   The amendment was proposed at 26 Pa.B. 5442 (November 9, 1996). No written comments were received and the amendment is adopted as proposed.

6.  Cost and Paperwork Requirements

   This change does not involve any additional cost or paperwork.

7.  Effective Dates

   This change takes effect on final adoption and publication in the Pennsylvania Bulletin and remains in effect until changed by the Commission.

8.  Contact Person

   For further information on the change, contact James R. Fagan, Director, Bureau of Law Enforcement, 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 by 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 § 135.2 to read as set forth at 26 Pa.B. 5442.

   (b)  The Executive Director of the Commission shall submit this order and 26 Pa.B. 5442 and deposit them with the Legislative Reference Bureau as required by law.

   (c)  This order amending § 135.2 shall become effective upon final publication in the Pennsylvania Bulletin.

DONALD C. MADL,   
Executive Director

   (Editor's Note:  A proposal to amend § 141.25 (relating to early and late goose hunting seasons), included in the proposal at 26 Pa.B. 5442, was adopted at 27 Pa.B. 313 (January 18, 1997).)

   Fiscal Note:  48-95B. No fiscal impact; recommends adoption.

[Pa.B. Doc. No. 97-506. Filed for public inspection April 4, 1997, 9:00 a.m.]


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