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PA Bulletin, Doc. No. 09-1025


[ 58 PA. CODE CH. 135 ]

Lands and Buildings

[39 Pa.B. 2811]
[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 § 135.41 (relating to state game lands) to specifically prohibit the use or possession of drug paraphernalia on State game lands (SGL).

   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

   Drug use and related drug crime has been a recurring problem that has plagued SGLs properties across this Commonwealth for decades. The Commission has and will continue to maintain a zero tolerance policy for drug use and related drug crime on SGLs in its continuing efforts to maintain these lands for their primary purposes of providing and conserving habitat for the Commonwealth's wildlife resources as well as providing public access to open lands for recreational hunting and trapping activities. The Commission has determined that although current regulatory provisions clearly prohibit the use and possession of controlled substances, they fail to clearly prohibit the use and possession of drug paraphernalia. The Commission has also determined that the use and possession of drug paraphernalia on SGLs is just as deleterious as their related drug substances. In an effort to address this concern, the Commission is proposing to amend § 135.41 to specifically prohibit the use or possession of drug paraphernalia on SGLs.

   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 § 135.41 were proposed under this authority.

2.  Regulatory Requirements

   The proposed rulemaking will amend § 135.41 by adding language to specifically prohibit the use or possession of drug paraphernalia on SGLs.

3.  Persons Affected

   Persons unlawfully using or possessing drug paraphernalia on SGLs will be affected by the proposed rulemaking.

4.  Cost and Paperwork Requirements

   The proposed rulemaking should not result in any additional cost or paperwork.

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.

Executive Director

   Fiscal Note:  48-285. No fiscal impact; (8) recommends adoption.

Annex A





§ 135.41.  State game lands.

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   (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:

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   (10)  Use or possess any controlled substance or drug paraphernalia as defined or classified under The Controlled Substance, Drug, Device and Cosmetic Act (35 P. S. §§ 780-101--780-143).

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[Pa.B. Doc. No. 09-1025. Filed for public inspection June 5, 2009, 9:00 a.m.]

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