PROPOSED RULEMAKING
GAME COMMISSION
[58 PA. CODE CH. 135]
Lands and Buildings
[34 Pa.B. 1941] To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its January 27, 2004, meeting, proposed the following amendment:
Amend § 135.2 (relating to unlawful actions) by eliminating redundant language.
The proposed rulemaking will have no 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, 2004, meeting of the Commission. Comments can be sent until April 16, 2004, to the Director, Information and Education, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797.
1. Introduction
The Commission is proposing to amend § 135.2(6) by eliminating redundant language.
2. Purpose and Authority
Section 135.2 provides a list of actions deemed unlawful. Specifically, § 135.2(6) makes it unlawful, except with the permission of the person in charge of the State owned or controlled lands, to ''Remove or attempt to remove any manmade or natural object except wildlife and fish lawfully taken 'during the open season.' '' The additional language ''during the open season'' is redundant and unnecessary. Therefore, the Commission is proposing to amend § 135.2(6) by removing ''during the open 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 amendment to § 135.2 is proposed under this authority.
3. Regulatory Requirements
The proposed rulemaking does not change the substance of an existing regulation, but rather removes redundant language.
4. Persons Affected
Persons wishing to remove natural or manmade objects from lands under Commission control or ownership will be affected by the proposed rulemaking.
5. Cost and Paperwork Requirements
The proposed rulemaking should not result in additional cost or paperwork.
6. Effective Date
The proposed rulemaking will be effective on final-form publication in the Pennsylvania Bulletin and will remain in effect until changed by the Commission.
7. Contact Person
For further information regarding the proposed rulemaking, contact Michael A. Dubaich, Director, Bureau of Law Enforcement, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717) 783-6526.
VERNON R. ROSS,
Executive DirectorFiscal Note: 48-184. 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 or jurisdiction, it is unlawful, except with the permission of the person in charge of the lands, to:
* * * * * (6) Remove or attempt to remove any manmade or natural object except wildlife and fish lawfully taken [during the open season]. Objects which may not be removed include animals, rocks, minerals, sand and historical or archaeological artifacts.
* * * * *
[Pa.B. Doc. No. 04-600. Filed for public inspection April 9, 2004, 9:00 a.m.]
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