PROPOSED RULEMAKING
[ 58 PA. CODE CH. 135 ]
Lands and Buildings
[39 Pa.B. 2812]
[Saturday, June 6, 2009]To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) proposed the following rulemaking at its April 21, 2009, meeting:
Amend § 135.48 (relating to state game lands roads open to vehicular traffic for disabled persons) to remove the one-way travel limitation affecting the limited travel permitted on designated State game land (SGL) roads and replace it with an open travel allowance that is subject to further limitation based upon existing weather or road conditions as indicated by conspicuous signage or postings.
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 April 21, 2009, meeting of the Commission. Comments can be sent to the Director, Information and Education, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, until July 3, 2009.
1. Purpose and Authority
During the fall hunting seasons each year, the Commission enhances disabled hunter/trapper access to interior portions of its various SGL landholdings across this Commonwealth by opening certain designated roads normally closed to public travel to limited vehicular travel by persons issued a Disabled Persons Permit. Traditionally, travel on these designated roads has been strictly limited to one-way travel. In an effort to further expand this access, the Commission has determined that directional travel and related limitations should be determined on a location specific rather than on an across the board basis. Under this structure, some roads will remain limited to one-way travel while other roads may be expanded to two-way travel, all based upon location and specific conditions. The Commission is proposing to amend § 135.48 to remove the one-way travel limitation affecting the limited travel permitted on designated SGL roads and replace it with an open travel allowance that is subject to further limitation based upon existing weather or road conditions as indicated by conspicuous signage or postings.
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. These regulations shall cover, but need not be limited to . . . regulations required to properly protect and preserve these lands for their intended use.'' The amendments to § 135.48 were proposed under this authority.
2. Regulatory Requirements
The proposed rulemaking will amend § 135.48 by replacing the language limiting travel on designated SGL roads to one-way travel only with an open travel allowance that is subject to further limitation based upon existing weather or road conditions as indicated by conspicuous signage or postings.
3. Persons Affected
Eligible persons wishing to travel on designated SGL roads may be affected by the proposed rulemaking.
4. Cost and Paperwork Requirements
The proposed rulemaking may result in some additional cost and paperwork associated with the production and deployment of any necessary signage or postings. However, the Commission has determined that if there is any additional expense associated with this effort, it will be minimal and will be absorbed by the current budget.
5. Effective Date
The proposed rulemaking will be effective upon final 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 A. Palmer, Director, Bureau of Wildlife Protection, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717) 783-6526.
CARL G. ROE,
Executive DirectorFiscal Note: 48-286. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 58. RECREATION
PART III. GAME COMMISSIN
CHAPTER 135. LANDS AND BUILDINGS
Subchapter C. STATE GAME LANDS § 135.48. State game lands roads open to vehicular traffic for disabled persons.
(a) Vehicular traffic permitted. Vehicular traffic will be permitted on designated roads on State game lands for persons issued a Disabled Persons Permit under section 2923(a) of the act (relating to disabled person permits). State game lands roads open to vehicular traffic for disabled persons will be designated by the Director. The Commission will make a list of these open roads available to the permittee.
(1) [Roads will be open for one-way travel, weather permitting, from 14 days prior to the opening day of archery season to the closing day of the muzzleloader/archery season] Roads designated for limited open travel will be open from 14 days prior to the opening day of archery season to the closing day of the muzzleloader/archery season. Any travel authorized by this section is subject to further limitation based upon existing weather or road conditions as indicated by conspicuous signage or postings.
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[Pa.B. Doc. No. 09-1026. Filed for public inspection June 5, 2009, 9:00 a.m.]
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