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PA Bulletin, Doc. No. 16-1428

RULES AND REGULATIONS

GAME COMMISSION

[ 58 PA. CODE CH. 135 ]

Lands and Buildings; Special Wildlife Management Areas

[46 Pa.B. 5085]
[Saturday, August 20, 2016]

 To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its July 19, 2016, meeting, amended § 135.103 (relating to registration for controlled goose hunting areas) to permit the Director to designate 1 shooting day at the Middle Creek and Pymatuning Wildlife Management Areas as a veterans with disabilities only day.

 The final-form rulemaking will not have an adverse impact on the wildlife resources of this Commonwealth.

 The authority for the final-form rulemaking is 34 Pa.C.S. (relating to Game and Wildlife Code) (code).

 Notice of proposed rulemaking was published at 46 Pa.B. 2679 (May 28, 2016).

1. Purpose and Authority

 Last year, the Commission held a trial run of a veterans with disabilities hunt at the Pymatuning Wildlife Management Area. The Commission determined that holding this 1-day hunt during the regular open season in the future will further improve these sportsmen the opportunity to hunt waterfowl at both of the Commission's special wildlife management areas. The Commission received significant support and future commitment from organized sporting organizations and unaffiliated sportsmen volunteers to enhance the quality and success of this unique hunting opportunity. The Commission amends § 135.103 to permit the Director to designate 1 shooting day at the Middle Creek and Pymatuning Wildlife Management Areas as a veterans with disabilities only day.

 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 § 135.103 are adopted under this authority.

2. Regulatory Requirements

 The final-form rulemaking amends § 135.103 to permit the Director to designate 1 shooting day at the Middle Creek and Pymatuning Wildlife Management Areas as a veterans with disabilities only day.

3. Persons Affected

 Persons wishing to hunt waterfowl at the Middle Creek and Pymatuning Wildlife Management Areas will be affected by the final-form rulemaking.

4. Comment and Response Summary

 There were no official comments received regarding the final-form rulemaking.

5. Cost and Paperwork Requirements

 This final-form rulemaking should not result in additional cost or paperwork.

6. Effective Date

 This final-form rulemaking will be effective upon publication in the Pennsylvania Bulletin and will remain in effect until changed by the Commission.

7. Contact Person

 For further information regarding the final-form rulemaking, contact Thomas P. Grohol, Director, Bureau of Wildlife Protection, 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 of 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 the authorizing statute, orders that:

 (a) The regulations of the Commission, 58 Pa. Code Chapter 135, are amended by amending § 135.103 to read as set forth at 46 Pa.B. 2679.

 (b) The Executive Director of the Commission shall certify this order and 46 Pa.B. 2679 and deposit them with the Legislative Reference Bureau as required by law.

 (c) This order shall become effective upon final-form publication in the Pennsylvania Bulletin.

R. MATTHEW HOUGH, 
Executive Director

 Fiscal Note: Fiscal Note 48-398 remains valid for the final adoption of the subject regulation.

[Pa.B. Doc. No. 16-1428. Filed for public inspection August 19, 2016, 9:00 a.m.]


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