reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 58 - RECREATION › Part III - GAME COMMISSION › Chapter 131 - PRELIMINARY PROVISIONS › Section 131.4 - Civil liability for wildlife killed

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				If a voluntary settlement cannot be reached, the Director or an officer
				designated by the Director may bring a civil action in the name of the
				Commission against a person killing or unlawfully in possession of wildlife, or
				part thereof, and may seek to recover an amount not less than the penalties
				prescribed in section 2307(e) of the act (relating to unlawful taking or
				possession of game or wildlife).
(b) A verdict or judgment recovered by the
				Commission in the action may not be for less than the sum fixed in subsection
				(a). The action for damages may be joined with an action for possession.
				Recovery may be for possession as well as damage.
(c) The pendency or determination of an
				action for damages or payment of a judgment, or the pendency or determination
				of a criminal prosecution for the same taking, wounding, killing or possession,
				is not a bar to the other; nor does either affect the right of seizure under
				other provisions of laws relating to game and wildlife.
(d) Funds recovered under this section shall
				be placed in the Game Fund.
The provisions of this § 131.4 amended under
					 34 Pa.C.S. §§
												2102(a) and
					 2307(e).
Pennsylvania Code › Title 58 - RECREATION › Part III - GAME COMMISSION › Chapter 131 - PRELIMINARY PROVISIONS › Section 131.5 - Chemical tests

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
				devices, equipment and training required for administering chemical tests, test
				procedures and accuracy certifications for breath test devices that apply to
				prosecutions under 75 Pa.C.S. (relating to vehicles) apply to prosecutions
				under section 2502 of the act (relating to chemical tests to determine amount
				of alcohol).
(b) The Commission
				approves the devices, equipment and training required for administering
				chemical tests, test procedures and accuracy certifications for breath test
				devices prescribed jointly by the Department of Health and Department of
				Transportation at 67 Pa. Code Chapter 77 (relating to equipment and training
				required for administering chemical tests; test procedures and accuracy
				certification for breath test devices) and prescribed by the Department of
				Health at 28 Pa. Code §§
									5.101-5.104 (relating to equipment to
				determine blood alcohol content under the Vehicle Code and the Fish and Boat
				Code) and in other regulations.
Pennsylvania Code › Title 58 - RECREATION › Part III - GAME COMMISSION › Chapter 131 - PRELIMINARY PROVISIONS › Section 131.6 - Administration of police powers by wildlife conservation officers

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General
.
(1) Section
				901(a)(17) of the act (relating to powers and duties of enforcement officers)
				authorizes wildlife conservation officers, when acting within the scope of
				their employment, to pursue, apprehend or arrest any individual suspected of
				violating any provision of 18 Pa.C.S. (relating to Crimes Code) or any other
				offense classified as a misdemeanor or felony and, in addition, to serve and
				execute warrants and subpoenas for these offenses.
(2) For the purposes of enforcement of the
				authority granted by section 901(a)(17) of the act, "when acting within the
				scope of their employment" means that period of time that a wildlife
				conservation officer is currently engaged in any activity the officer is
				employed to perform at the time and places the officer is authorized to perform
				the activity.
Pennsylvania Code › Title 58 - RECREATION › Part III - GAME COMMISSION › Chapter 131 - PRELIMINARY PROVISIONS › Section 131.7 - Use of the field acknowledgment of guilt in Philadelphia County

Current through Register Vol. 54, No. 28, July 13, 2024
The field acknowledgment of guilt may be used by district
				  wildlife conservation officers to accept penalties on guilty pleas for summary
				  violations of the act and its attendant regulations in Philadelphia County for
				  both resident and nonresident offenders.
Pennsylvania Code › Title 58 - RECREATION › Part III - GAME COMMISSION › Chapter 131 - PRELIMINARY PROVISIONS › Section 131.8 - Replacement costs for wildlife killed

Current through Register Vol. 54, No. 28, July 13, 2024
Under section 925(i) of the act (relating to jurisdiction and
				  penalties), in addition to any fines and costs imposed for violations of the
				  act and this title, any person who unlawfully kills or possesses wildlife may
				  be assessed replacement costs according to the following minimum cost
				  scale:
(1)
General
				class.
(i) Each threatened or
				endangered bird or mammal, $5,000.
(ii) Each bald eagle, golden eagle, osprey or
				peregrine falcon, $2,500.
(iii)
				Each elk or black bear, $1,500.
(iv) Each white-tailed deer, $800.
(v) Each bobcat or otter, $500.
(vi) Each wild turkey or beaver,
				$300.
(vii) Any other wildlife,
				$200.
Pennsylvania Code › Title 58 - RECREATION › Part III - GAME COMMISSION › Chapter 131 - PRELIMINARY PROVISIONS › Section 131.9 - Disclosure of certain records

Current through Register Vol. 54, No. 28, July 13, 2024
In accordance with the Right-to-Know Law (65 P.S.
				  §§
										67.101-67.3104), public access
				  to the following records, wherever located, will only be made as set forth in
				  paragraphs (1)-(3):
(1)
Wind
				power records.
Commission annual reports and Pennsylvania Natural
				Heritage Program clearance correspondence respecting existing or proposed
				windpower facilities will be provided upon request, but redacted as necessary.
				All other records are predeliberative, proprietary or tending to identify the
				location of threatened or endangered species and will not be
				disclosed.
(2)
Pennsylvania
				Natural Heritage Program records.
Pennsylvania Natural Heritage
				Program clearance correspondence will be provided upon request, but redacted as
				necessary. All other records are predeliberative, proprietary or tending to
				identify the location of threatened or endangered species and will not be
				disclosed.
(3)
License
				records.
All annual accounts of license sales, all fiscal reports of
				license sales revenues and all summary wildlife harvest report records will be
				provided upon request. Under the limitations of section 325 of the act
				(relating to limitation on disclosure of certain records), individual license
				information or related harvest information will not be disclosed.
(4)
Personal identifying
				information.
Any request, the response to which includes personal
				identifying information will be redacted so as to only provide that information
				necessary to identify the person to the Commission. Personal identifying
				information will not be disclosed as predeliberative, proprietary or tending to
				result in a substantial and demonstrable risk of physical harm to the person or
				the personal security of an individual and will not be disclosed without due
				process of law authorizing and ordering the disclosure.
The provisions of this §
											131.9 issued under the Game and
					 Wildlife Code,
					 34 Pa.C.S. §§
												2102(a) and
					 2722(g).
Pennsylvania Code › Title 58 - RECREATION › Part III - GAME COMMISSION › Chapter 131 - PRELIMINARY PROVISIONS › Section 131.10 - Pennsylvania Hunting Heritage registration plate fee

Current through Register Vol. 54, No. 28, July 13, 2024
Applicants seeking authorization to request a Pennsylvania
				  Hunting Heritage registration plate issued under
				  75 Pa.C.S. §
										1355.1
				  (relating to Pennsylvania Hunting Heritage registration plates) will be
				  assessed a fee of $25 in addition to fees collected by the Department of
				  Transportation under
				  75 Pa.C.S. §
										1931(b) (relating to
				  personal and organization registration plates).
The provisions of this §
											131.10 issued under the Game and
					 Wildlife Code,
					 34
					 Pa.C.S §
												2102(a).
Pennsylvania Code › Title 58 - RECREATION › Part III - GAME COMMISSION › Chapter 133 - WILDLIFE CLASSIFICATION › Subchapter A - GENERAL › Section 133.1 - Protected mammals

Current through Register Vol. 54, No. 28, July 13, 2024
Wild mammals not defined in the act as furbearers or game
					 animals shall be classified as protected mammals to be taken only under the act
					 and this part. See Chapter 21, Subchapters B and C of the act (relating to
					 destruction for agricultural protection; and destruction of game or wildlife in
					 self-defense) and §
										141.3 (relating to protection
					 removed under certain circumstances).
This section cited in 58 Pa. Code §
												131.2 (relating to definitions);
						and 58 Pa. Code §
												147.121 (relating to
						definitions).
Pennsylvania Code › Title 58 - RECREATION › Part III - GAME COMMISSION › Chapter 133 - WILDLIFE CLASSIFICATION › Subchapter A - GENERAL › Section 133.2 - Protected birds

Current through Register Vol. 54, No. 28, July 13, 2024
Wild birds not defined in the act as game birds shall be
					 classified as protected birds to be taken only under the act and this part. See
					 Chapter 21, Subchapters B and C of the act (relating to destruction for
					 agricultural protection; and destruction of game or wildlife in self-defense)
					 and §
										141.3 (relating to protection
					 removed under certain circumstances).
This section cited in 58 Pa. Code §
												131.2 (relating to definitions);
						and 58 Pa. Code §
												147.121 (relating to
						definitions).
Pennsylvania Code › Title 58 - RECREATION › Part III - GAME COMMISSION › Chapter 133 - WILDLIFE CLASSIFICATION › Subchapter A - GENERAL › Section 133.4 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
In addition to the definitions contained in section 102 of
					 the act (relating to definitions), the following words and terms, when used in
					 this chapter, have the following meanings, unless the context clearly indicates
					 otherwise:
Endangered
-Species in imminent danger of
					 extinction or extirpation throughout their range in this Commonwealth if the
					 deleterious factors affecting them continue to operate. The term
					 includes:
(i) Species whose numbers
				  have already been reduced to a critically low level or whose habitat has been
				  so drastically reduced or degraded that immediate action is required to prevent
				  their extirpation from this Commonwealth.
(ii) Species whose extreme rarity or
				  periphery places them in potential danger of precipitous declines or sudden
				  extirpation throughout their range in this Commonwealth.
(iii) Species that have been classified as
				  "Pennsylvania Extirpated", but which are subsequently found to exist in this
				  Commonwealth as long as the conditions listed in subparagraph (i) or (ii) are
				  met.
(iv) Species determined to be
				  "endangered" under the Endangered Species Act of 1973 (16 U.S.C.A. §§
											1531-1544).
Threatened
-Species that may become
					 endangered within the foreseeable future throughout their range in this
					 Commonwealth unless the casual factors affecting the organism are abated. The
					 term includes:
(i) Species whose
				  populations within this Commonwealth are decreasing or have been heavily
				  depleted by adverse factors and while not actually endangered, are still in
				  critical condition.
(ii) Species
				  whose populations may be relatively abundant in this Commonwealth but are under
				  severe threat from serious adverse factors that have been identified and
				  documented.
(iii) Species whose
				  populations are rare or peripheral and in possible danger of severe decline
				  throughout their range in this Commonwealth.
(iv) Species determined to be "threatened"
				  under the Endangered Species Act of 1973, that are not listed as "Pennsylvania
				  Endangered."
Pennsylvania Code › Title 58 - RECREATION › Part III - GAME COMMISSION › Chapter 133 - WILDLIFE CLASSIFICATION › Subchapter A - GENERAL › Section 133.5 - Furbearers

Current through Register Vol. 54, No. 28, July 13, 2024
The following species of wildlife are reclassified as
					 furbearers:
(1) Coyote (
Canis
				  latrans
). For the purpose of licensing, coyotes may be hunted with a
				  hunting license or hunted and trapped with a furtakers license as described in
				  section 2705 of the act (relating to classes of licenses).
(2) Porcupine (
Erethizon
				  dorsatum
). For the purpose of licensing, porcupines may be hunted with
				  a hunting license or hunted and trapped with a furtakers license as described
				  in section 2705 of the act.
Pennsylvania Code › Title 58 - RECREATION › Part III - GAME COMMISSION › Chapter 133 - WILDLIFE CLASSIFICATION › Subchapter A - GENERAL › Section 133.6 - Eurasian collared-dove

Current through Register Vol. 54, No. 28, July 13, 2024
The Eurasian collared-dove (
Streptopelia
					 decaocto
) is classified as a game bird. For the purpose of licensing,
					 Eurasian collared-doves may be hunted with a general hunting license and a
					 migratory bird license.
The provisions of this §
												133.6 issued under the Game and
						Wildlife Code,
						34 Pa.C.S. §§
													322(c)(8) and
						2102(a).
Pennsylvania Code › Title 58 - RECREATION › Part III - GAME COMMISSION › Chapter 133 - WILDLIFE CLASSIFICATION › Subchapter A - GENERAL › Section 133.7 - Hungarian partridge

Current through Register Vol. 54, No. 28, July 13, 2024
Notwithstanding the listing of the Hungarian partridge in
					 the definition of a game bird in section 102 of the act (relating to
					 definitions), the Hungarian partridge shall be reclassified as a wild bird
					 generally and will no longer be classified as a game bird.
The provisions of this §
												133.7 issued under the Game and
						Wildlife Code,
						34 Pa.C.S. §§
													322(c)(8) and
						2102(c).
Pennsylvania Code › Title 58 - RECREATION › Part III - GAME COMMISSION › Chapter 133 - WILDLIFE CLASSIFICATION › Subchapter B - BIRDS › Section 133.21 - Classification of birds

Current through Register Vol. 54, No. 28, July 13, 2024
The following birds are classified:
(1)
Endangered.
(i) King Rail (
Rallus
				  elegans
)
(ii) Short-eared
				  Owl (
Asio flammeus
)
(iii) Black Tern (
Chlidonias
				  niger
)
(iv) Least Bittern
				  (
Ixobrychus exilis
)
(v) Piping Plover (
Charadrius
				  melodus
)
(vi) Loggerhead
				  Shrike (
Lanius ludovicianus
)
(vii) American Bittern (
Botaurus
				  lentiginosus
)
(viii) Great
				  Egret (
Ardea alba
)
(ix) Yellow-crowned Night Heron
				  (
Nyctanassa violacea
)
(x) Common Tern (
Sterna
				  hirundo
)
(xi) Blackpoll
				  Warbler (
Setophaga striata
)
(xii) Black-crowned Night-Heron
				  (
Nycticorax nycticorax
)
(xiii) Dickcissel (
Spiza
				  americana
)
(xiv) Sedge
				  Wren (
Cistothorus stellaris
)
(xv) Yellow-bellied Flycatcher
				  (
Empidonax flavi-ventris
)
(xvi) Upland Sandpiper (
Batramia
				  longicauda
)
(xvii)
				  Northern Goshawk (
Accipiter gentilis
)
Pennsylvania Code › Title 58 - RECREATION › Part III - GAME COMMISSION › Chapter 133 - WILDLIFE CLASSIFICATION › Subchapter C - MAMMALS › Section 133.41 - Classification of mammals

Current through Register Vol. 54, No. 28, July 13, 2024
The following mammals are classified:
(1)
Endangered
.
(i) Indiana Bat (
Myotis
				  sodalis
)
(ii) Least Shrew
				  (
Cryptotis parva
)
(iii) Northern flying squirrel
				  (
Glaucomys sabrinus macrotis
)
(iv) Northern long-eared bat (
Myotis
				  septentrionalis
)
(v)
				  Little brown bat (
Myotis lucifugus
)
(vi) Tri-colored bat (
Perimyotis
				  subflavus
)
Pennsylvania Code › Title 58 - RECREATION › Part III - GAME COMMISSION › Chapter 135 - LANDS AND BUILDINGS › Subchapter A - GENERAL PROVISIONS › Section 135.1 - Scope

Current through Register Vol. 54, No. 28, July 13, 2024
This chapter regulates and controls the use and
					 administration of lands, waters and buildings under Commission ownership, lease
					 or jurisdiction.
Pennsylvania Code › Title 58 - RECREATION › Part III - GAME COMMISSION › Chapter 135 - LANDS AND BUILDINGS › Subchapter C - STATE GAME LANDS › Section 135.41 - State game lands

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Restrictions limited
. The following exceptions to §
										135.2 (relating to unlawful
				  actions) pertain to lands and waters designated as State game lands:
(1) Mushrooms and fruits of berry-producing
				  plants may be picked.
(2) Small
				  open fires for cooking or warming purposes may be kindled, used and maintained
				  by persons exercising the privileges of a valid hunting, furtaking or fishing
				  license and through hikers within the corridor of the Appalachian Trail as is
				  defined in §
											135.42 (relating to Appalachian
				  Trail). This exception to the prohibition on fires in §
											135.2(8) is
				  applicable only when the small fires are located at places where adequate
				  precautions are taken to prevent the spread of fire and the small fires are
				  attended at all times and completely extinguished before leaving the sites of
				  the fires. This exception does not apply when the fire index rating used by the
				  Department of Conservation and Natural Resources is high, very high or extreme
				  for that area. A person causing a wildfire, in addition to possible criminal
				  penalty, is liable for all damages, cost of extinguishing and fines.
(3) Snowmobiles, as defined in
				  75 Pa.C.S. §
												7702
				  (relating to definitions) may be driven beginning on the third Sunday in
				  January through April 1 on designated areas, roads and trails marked with
				  appropriate signs, so long as snowmobiles are registered and display valid
				  registration decal as required under
				  75 Pa.C.S. §§
												7711.1 and
				  7711.2 (relating to
				  registration of snowmobile or ATV; and limited registration of snowmobile or
				  ATV).
Pennsylvania Code › Title 58 - RECREATION › Part III - GAME COMMISSION › Chapter 135 - LANDS AND BUILDINGS › Subchapter C - STATE GAME LANDS › Section 135.42 - Appalachian Trail

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Scope.
This section regulates through hikers who camp
				  overnight on State Game Lands within the corridor of the trail.
(b)
Definitions.
The
				  following words and terms, when used in this section, have the following
				  meanings, unless the context clearly indicates otherwise:
(1)
Public access area
-An
				  area where the public enters or exits the trail on game lands.
(2)
Spring
-A source of water
				  issuing from the ground.
(3)
Stream
-A body of running water flowing on the earth.
(4)
Through hikers
-Persons
				  walking the trail from a beginning area to an exit area on the trail which is
				  not the place of beginning.
(5)
Trail
-The Appalachian Trail as authorized by the Pennsylvania
				  Appalachian Trail Act (64 P. S. §§
												801-805).
Pennsylvania Code › Title 58 - RECREATION › Part III - GAME COMMISSION › Chapter 135 - LANDS AND BUILDINGS › Subchapter C - STATE GAME LANDS › Section 135.48 - Purpose and scope

Current through Register Vol. 54, No. 28, July 13, 2024
It is the policy of the Commission to promote public access
					 to State game lands for persons with mobility disabilities in compliance with
					 the United States Department of Justice regulations in 28 CFR Part 35 (relating
					 to nondiscrimination on the basis of disability in state and local government
					 services). Sections
					 135.49-135.55 set forth how, where and
					 when persons with mobility disabilities may access State game lands with
					 powered wheel-chairs, powered mobility devices and motor
					 vehicles.
The provisions of this §
												135.48 amended under the Game and
						Wildlife Code,
						34 Pa.C.S. §§
													721(a),
						2102 and
						2901(b).
Pennsylvania Code › Title 58 - RECREATION › Part III - GAME COMMISSION › Chapter 135 - LANDS AND BUILDINGS › Subchapter C - STATE GAME LANDS › Section 135.49 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this
					 subchapter, have the following meanings, unless the context clearly indicates
					 otherwise:
ATV
-
All-terrain vehicle
-A
					 device meeting the definition in
					 75 Pa.C.S. §
											7702
					 (relating to definitions).
Designated route
-
(i) State game land access or maintenance
				  roads and trails that have been designated by the Director to be open for
				  travel by persons with mobility disabilities using certain powered vehicles and
				  conveyances.
(ii) The term does not
				  include roads that are open to motor vehicle access by the general
				  public.
Disability
-A person's physical or mental
					 impairment that substantially limits his mobility.
Disabled person access permit
-A permit
					 issued by the Commission under Chapter 147, Subchapter AA (relating to disabled
					 person access permit) to authorize persons with mobility disabilities to
					 utilize mobility devices and motor vehicles to access designated routes on
					 State game lands.
Mobility device
-
(i) A power-driven device, other than a
				  wheelchair, that is used by a person with a mobility disability for the purpose
				  of locomotion. The term includes ATVs, golf carts, Segways® and other
				  mobility devices designed to operate in areas without defined pedestrian
				  routes, regardless of whether it is designed primarily for use by persons with
				  mobility disabilities.
(ii) This
				  term does not include motor vehicles.
Transport vehicle placard
-A placard
					 provided by the Commission to disabled person access permit holders that must
					 be displayed on the dashboard or in a window of the transport vehicle.
Universal access symbol
-A symbol
					 displaying a wheelchair, generally blue and white, that is widely recognized as
					 evidence that the person who is displaying the symbol is disabled.
Wheelchair
-
(i) A manually-operated or power-driven
				  device designed primarily for use by individuals with mobility disabilities for
				  the main purpose of indoor or outdoor locomotion, or both.
(ii) The term includes power-driven
				  scooters.
(iii) For the purposes of
				  this subchapter, a wheelchair may not be construed as a mobility
				  device.
The provisions of this §
												135.49 issued under the Game and
						Wildlife Code,
						34 Pa.C.S. §
													721(a); amended under the
						Game and Wildlife Code,
						34 Pa.C.S. §§
													721(a) and
						2901(b).
This section cited in 58 Pa. Code §
												135.48 (relating to purpose and
						scope).
Pennsylvania Code › Title 58 - RECREATION › Part III - GAME COMMISSION › Chapter 135 - LANDS AND BUILDINGS › Subchapter C - STATE GAME LANDS › Section 135.50 - State game lands open to wheelchair access

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Persons with mobility disabilities may
				  use wheelchairs to access any portion of State game lands where pedestrian foot
				  travel is authorized. In the event the Commission restricts pedestrian foot
				  travel in any location through posted signage, wheelchair access will also be
				  restricted.
(b) Access to State
				  game lands under this section does not require a permit issued under section
				  2923 of the act (relating to disabled person permits) or Chapter 147,
				  Subchapter AA (relating to disabled person access permit).
(c) Persons using motorized wheelchairs are
				  subject to the restrictions of section 2308(a)(7) of the act (relating to
				  unlawful devices and methods) concerning on the use of power-driven vehicles or
				  conveyances to hunt, except as may otherwise be authorized under section 2923
				  of the act.
(d) Persons using
				  motorized wheelchairs on State game lands are subject to the restrictions on
				  loaded firearms in, on or against a vehicle under section 2503 of the act
				  (relating to loaded firearms in vehicles), except as may otherwise be
				  authorized under section 2923 of the act.
The provisions of this §
												135.50 issued under the Game and
						Wildlife Code,
						34 Pa.C.S. §
													721(a); amended under the
						Game and Wildlife Code, 34 Pa.C.S.
This section cited in 58 Pa. Code §
												135.48 (relating to purpose and
						scope).
Pennsylvania Code › Title 58 - RECREATION › Part III - GAME COMMISSION › Chapter 135 - LANDS AND BUILDINGS › Subchapter C - STATE GAME LANDS › Section 135.51 - Designated routes open to mobility devices and motor vehicles

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Persons in
				  possession of a valid disabled person access permit issued under Chapter 147,
				  Subchapter AA (relating to disabled person access permit) may use mobility
				  devices and motor vehicles to access designated routes on State game lands that
				  have been approved by the Director. Designated routes will be classified to
				  authorize mobility device and motor vehicle combined access or mobility device
				  only access, as determined by route selection assessment criteria approved by
				  the Director.
(b) Designated routes
				  will be open for use by persons with disabled person access permits from 14
				  days prior to the opening day of the archery season to the closing day of the
				  late muzzleloader/archery season and during the spring turkey season. Travel
				  authorized by this section is subject to further limitation based upon existing
				  weather or road conditions or the need for emergency or administrative closure,
				  as indicated by conspicuous signage or postings.
The provisions of this §
												135.51 issued under the Game and
						Wildlife Code,
						34 Pa.C.S. §
													721(a); amended under the
						Game and Wildlife Code,
						34 Pa.C.S. §§
													721(a) and
						2901(b).
This section cited in 58 Pa. Code §
												135.48 (relating to purpose and
						scope).
Pennsylvania Code › Title 58 - RECREATION › Part III - GAME COMMISSION › Chapter 135 - LANDS AND BUILDINGS › Subchapter C - STATE GAME LANDS › Section 135.52 - Towing vehicle placard for persons using mobility devices

Current through Register Vol. 54, No. 28, July 13, 2024
A vehicle used to transport a mobility device for use on
					 designated routes must be marked with a transport vehicle placard issued by the
					 Commission if the transport vehicle is parked on State game lands. The
					 transport vehicle placard must be conspicuously displayed on the dashboard or
					 in a window of the transport vehicle. A transport vehicle placard will be
					 issued by the Commission upon issuance of a disabled person access permit
					 issued under Chapter 147, Subchapter AA (relating to disabled person access
					 permit).
The provisions of this §
												135.52 issued under the Game and
						Wildlife Code,
						34 Pa.C.S. §
													721(a); amended under the
						Game and Wildlife Code,
						34 Pa.C.S. §§
													721(a) and
						2901(b).
This section cited in 58 Pa. Code §
												135.48 (relating to purpose and
						scope).
Pennsylvania Code › Title 58 - RECREATION › Part III - GAME COMMISSION › Chapter 135 - LANDS AND BUILDINGS › Subchapter C - STATE GAME LANDS › Section 135.53 - Operation of mobility devices and motor vehicles on designated routes

Current through Register Vol. 54, No. 28, July 13, 2024
Persons with a valid disabled person access permit issued
					 under Chapter 147, Subchapter AA (relating to disabled person access permit)
					 may operate mobility devices and motor vehicles on designated routes subject to
					 all of the following conditions:
(1)
Safe operation.
Mobility devices and motor vehicles may not be
				  operated on a designated route:
(i) In
				  negligent disregard for the safety of persons or property.
(ii) In excess of 25 miles per hour on any
				  designated route classified for mobility device and motor vehicle combined
				  access.
(iii) In excess of 5 miles
				  per hour on any designated route classified for mobility device only
				  access.
Pennsylvania Code › Title 58 - RECREATION › Part III - GAME COMMISSION › Chapter 135 - LANDS AND BUILDINGS › Subchapter C - STATE GAME LANDS › Section 135.54 - Transport of passengers restricted

Current through Register Vol. 54, No. 28, July 13, 2024
A person with a valid disabled person access permit issued
					 under Chapter 147, Subchapter AA (relating to disabled person access permit)
					 who is incapable of operating the mobility device or motor vehicle, whichever
					 is applicable, may be accompanied by up to one other person who will serve as
					 the operator, provided the mobility device or motor vehicle is designed and
					 manufactured to carry a passenger. Additional passengers are not
					 authorized.
The provisions of this §
												135.54 issued under the Game and
						Wildlife Code,
						34 Pa.C.S. §
													721(a); amended under the
						Game and Wildlife Code,
						34 Pa.C.S. §§
													721(a) and
						2901(b).
This section cited in 58 Pa. Code §
												135.48 (relating to purpose and
						scope).
Pennsylvania Code › Title 58 - RECREATION › Part III - GAME COMMISSION › Chapter 135 - LANDS AND BUILDINGS › Subchapter C - STATE GAME LANDS › Section 135.55 - Unlawful acts; penalties

Current through Register Vol. 54, No. 28, July 13, 2024
It is unlawful to operate a mobility device, motor vehicle
					 or other conveyance on State game lands outside of the authorizations in this
					 subchapter. A person who violates a provision of this subchapter shall be
					 subject to the penalties provided in the act.
The provisions of this §
												135.55 issued under the Game and
						Wildlife Code,
						34 Pa.C.S. §
													721(a); amended under the
						Game and Wildlife Code,
						34 Pa.C.S. §§
													721(a) and
						2901(b).
This section cited in 58 Pa. Code §
												135.48 (relating to purpose and
						scope).
Pennsylvania Code › Title 58 - RECREATION › Part III - GAME COMMISSION › Chapter 135 - LANDS AND BUILDINGS › Subchapter D - STATE GAME FARMS › Section 135.61 - State game farms

Current through Register Vol. 54, No. 28, July 13, 2024
In addition to the following restrictions, §§
										135.2 and
					 135.41 (relating to unlawful
					 actions; and State game lands) pertain to lands and waters owned by the
					 Commission and designated as State game farms. It is unlawful to:
(1) Take wildlife within the boundary of a
				  State Game Farm, except by permission of the Director or a designee.
(2) Enter or approach pens, fenced fields,
				  barns or other buildings or enclosures.
(3) Feed game birds or animals, or
				  both.
(4) Enter the area with dogs
				  or guns, except by special permission of the Director.
The provisions of this §
												135.61 amended under the Game and
						Wildlife Code,
						34 Pa.C.S. §
													2102(d).
Pennsylvania Code › Title 58 - RECREATION › Part III - GAME COMMISSION › Chapter 135 - LANDS AND BUILDINGS › Subchapter E - COMMISSION ADMINISTRATIVE LANDS › Section 135.81 - Commission administrative lands

Current through Register Vol. 54, No. 28, July 13, 2024
Sections
					 135.2 and
					 135.41 (relating to unlawful
					 actions; and State game lands) pertain to lands and waters owned by the
					 Commission, designated as regional offices, central offices, radio tower sites
					 or visitor centers.
The provisions of this §
												135.81 amended under the Game and
						Wildlife Code,
						34 Pa.C.S. §
													721(a).
Pennsylvania Code › Title 58 - RECREATION › Part III - GAME COMMISSION › Chapter 135 - LANDS AND BUILDINGS › Subchapter F - SPECIAL WILDLIFE MANAGEMENT AREAS › Section 135.101 - Scope

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Commission
				  may create special wildlife management areas on lands, waters and buildings
				  under its ownership, lease or jurisdiction. Specific parts of these areas may
				  be referred to as controlled goose hunting areas, controlled duck hunting
				  areas, propagation areas, public hunting areas, public recreation areas or a
				  designation consistent with the use of lands, waters or buildings.
(b) In addition to §§
										135.2 and
				  135.41 (relating to unlawful
				  actions; and State game lands) and 50 CFR Part 20 (relating to migratory bird
				  hunting), this subchapter pertains to areas designated as special wildlife
				  management areas.
(c) Boundaries
				  shall be conspicuously posted with signs designating the purpose of an
				  area.
(d) The Director has the
				  authority to open special wildlife management areas or parts thereof to hunting
				  or trapping for the purpose of population control when it is determined that
				  uncontrolled numbers of certain species have become detrimental to the area.
(1) When a certain area is declared open to
				  hunting or trapping by the Director, the number of hunters/trappers may be
				  limited by a permit or drawing.
(2)
				  The Director may declare the area open to unlimited hunters or trappers and no
				  permit or drawing will be required at which time §§ 135.102(a)(1) and
				  (3), (b)(1) and (2) and (d), 135.104(l), 135.106(a)(1), (c)(1) and (d)(1) and
				  135.107(a)(1) and (b)(1) do not apply.
Pennsylvania Code › Title 58 - RECREATION › Part III - GAME COMMISSION › Chapter 135 - LANDS AND BUILDINGS › Subchapter F - SPECIAL WILDLIFE MANAGEMENT AREAS › Section 135.102 - Controlled goose and controlled duck hunting areas

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Hunting.
(1)
General.
Hunting is by
				  permit only. Permits will be issued on hunting days at a designated
				  registration center. Decoys and dogs are permitted. Dogs shall be kept under
				  control.
(2)
Check-out
				  restriction.
A hunting permit holder shall check out at the
				  registration center immediately upon vacating the blind and surrender, in
				  person, the permit. A hunter shall submit birds or mammals taken for
				  examination at the registration center. The deadline for check-out shall be 1
				  hour following the expiration time, as indicated on the permit.
(3)
Unlawful acts.
It shall
				  be unlawful to:
(i) Allow dogs to run
				  unaccompanied or without direction and control.
(ii) Possess firearms except in connection
				  with a hunting permit.
Pennsylvania Code › Title 58 - RECREATION › Part III - GAME COMMISSION › Chapter 135 - LANDS AND BUILDINGS › Subchapter F - SPECIAL WILDLIFE MANAGEMENT AREAS › Section 135.103 - Controlled hunting and trapping area access permit procedures

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Authority to establish and cancel dates and quotas.
The
				  Director will establish the dates and number of available access permits each
				  year for any authorized hunting or trapping activities approved for an
				  established controlled hunting or trapping area. The Director may treat any
				  area designated as a propagation area within a special wildlife management area
				  in the same manner as a controlled hunting or trapping area as it relates to
				  the authorization of hunting and trapping by access permit. The Director may
				  cancel or suspend any authorized hunting or trapping dates for an established
				  controlled hunting or trapping area when the Commission determines that an
				  adequate number of the respective game or wildlife has been taken, a game or
				  wildlife health or disease concern has been identified, or some other
				  circumstance warrants suspension or closure.
(b)
Notice.
The Commission
				  will provide notice of the opening or closure of limited hunting or trapping
				  opportunities for designated game and wildlife within an established controlled
				  hunting or trapping area through a public announcement, web site or other means
				  reasonably intended to reach the widest audience. Notice of the opening of
				  limited hunting or trapping opportunities within an established controlled
				  hunting or trapping area will also include information concerning the
				  application process.
(c)
Application.
(1)
Eligibility.
An applicant must possess a valid and current
				  hunting or trapping license, whichever is applicable, plus any other license,
				  stamp or permit that is required for the designated game or wildlife, to be
				  eligible to make application for an access permit. An applicant is eligible to
				  submit only one application per drawing for an access permit to participate in
				  a controlled hunting or trapping activity on any established special wildlife
				  management area.
(2)
Timeliness, form and content.
Applications for a controlled
				  hunting or trapping permit shall be submitted on a form, in the manner and by
				  the deadline established by the Commission. Applications must include the
				  applicant's name, Commission-issued Customer Identification Number and any
				  other information required by the Commission. Incomplete, illegible, duplicate
				  or late applications will be rejected.
Pennsylvania Code › Title 58 - RECREATION › Part III - GAME COMMISSION › Chapter 135 - LANDS AND BUILDINGS › Subchapter F - SPECIAL WILDLIFE MANAGEMENT AREAS › Section 135.104 - Controlled hunting and trapping area access requirements and limitations

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Check-in.
A person issued an access permit shall check-in upon
				  arrival at the special wildlife management area in the manner set forth in the
				  instructions provided with their permit, which may include physical
				  presentation of their permit to Commission staff at a designated registration
				  area. A person issued a 1-day access permit must check-in on the scheduled date
				  within 1/2 hour before open hunting hours for that day, otherwise the
				  Commission may void the access permit and conduct a random drawing to reassign
				  the unclaimed access permit as set forth in §
										135.103(e)
				  (relating to controlled hunting and trapping area access permit
				  procedures).
(b)
Check-out.
A person issued a controlled hunting or trapping
				  area access permit shall check-out upon departure from the assigned controlled
				  hunting or trapping area in the manner set forth in the instructions provided
				  with their permit, which may include physical presentation of the permit and
				  any game or wildlife harvested to Commission staff at a designated registration
				  area or the mailing of a harvest report card supplied with the permit by the
				  deadline specified on the permit. A person issued a controlled hunting area
				  access permit shall check-out of the controlled hunting area no later than 1
				  hour after the close of hunting hours for the day as set forth in §
										141.4 (relating to hunting hours)
				  or within 1 hour of the closing time specified on their access
				  permit.
(c)
Access
				  restricted.
(1) Except as provided
				  in this subsection, entry into a controlled hunting or trapping area without a
				  valid controlled hunting or trapping area access permit is
				  prohibited.
(2) A person in
				  possession of a valid access permit may enter only the controlled hunting or
				  trapping area or hunting blind designated on their access permit.
(3) A person may recover wounded or harvested
				  game or wildlife from a controlled hunting or trapping area that is not
				  designated on their access permit only after receipt of specific advance
				  permission from the Commission. A person may seek this permission by contacting
				  the Commission using the telephone number provided in the materials
				  accompanying their access permit.
(4) A person with a valid controlled hunting
				  or trapping area access permit is prohibited from entering or remaining in a
				  controlled hunting or trapping area at any time outside of 1 hour before or 1
				  hour after legal hunting hours as set forth in §
											141.4 or as specified on their
				  access permit without specific advance permission from the
				  Commission.
Pennsylvania Code › Title 58 - RECREATION › Part III - GAME COMMISSION › Chapter 135 - LANDS AND BUILDINGS › Subchapter F - SPECIAL WILDLIFE MANAGEMENT AREAS › Section 135.105 - Hunting hours in a controlled hunting area

Current through Register Vol. 54, No. 28, July 13, 2024
A person hunting game or wildlife within a controlled
					 hunting area shall comply with the hunting hours provisions set forth in §
										141.4 (relating to hunting hours)
					 or as specified on their access permit.
Pennsylvania Code › Title 58 - RECREATION › Part III - GAME COMMISSION › Chapter 135 - LANDS AND BUILDINGS › Subchapter F - SPECIAL WILDLIFE MANAGEMENT AREAS › Section 135.106 - Controlled hunting and trapping area harvest limitations

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Species restriction.
A
				  person with a valid controlled hunting or trapping area access permit is
				  authorized to hunt, trap or harvest, whichever is applicable, only the game or
				  wildlife species designated on their access permit. Other hunting, trapping or
				  harvesting is prohibited.
(b)
Nontoxic shot restrictions.
(1)
Small game other than
				  waterfowl.
Notwithstanding the authorizations under §
											141.22(a)(2) and
				  (c)(1)(ii) (relating to small game seasons),
				  a person hunting small game, other than waterfowl, in a small game controlled
				  hunting area is prohibited from using multiple-projectile ammunition containing
				  lead shot. Multiple-projectile ammunition is authorized only if it contains
				  nontoxic shot of the sizes and compositions as are otherwise authorized in
				  § 141.22(a)(2) or (c)(1)(ii), whichever is applicable.
(2)
Waterfowl.
A person
				  hunting waterfowl in a waterfowl controlled hunting area is prohibited from
				  using multiple-projectile ammunition containing lead shot. Multiple-projectile
				  ammunition is authorized only if it contains nontoxic shot of the sizes and
				  compositions as are otherwise authorized in §
											141.23 (relating to nontoxic
				  shot).
Pennsylvania Code › Title 58 - RECREATION › Part III - GAME COMMISSION › Chapter 135 - LANDS AND BUILDINGS › Subchapter F - SPECIAL WILDLIFE MANAGEMENT AREAS › Section 135.107 - Unlawful acts

Current through Register Vol. 54, No. 28, July 13, 2024
A person violating any provision of this subchapter may be
					 prosecuted under section 721 of the act (relating to control of property) or
					 other applicable provision of the act and, upon conviction, be sentenced to pay
					 the fine prescribed in the act. Furthermore, the Director may deny, revoke or
					 suspend a permit for any violation of this subchapter upon written notice to
					 the permittee.
The provisions of this §
												135.107 amended under the Game and
						Wildlife Code,
						34 Pa.C.S. §§
													322(c)(2),
						721(a) and
						2102(a).
Pennsylvania Code › Title 58 - RECREATION › Part III - GAME COMMISSION › Chapter 135 - LANDS AND BUILDINGS › Subchapter G - PUBLICLY-OWNED LANDS › Section 135.121 - Federal-owned lands

Current through Register Vol. 54, No. 28, July 13, 2024
In addition to §
										135.2 (relating to unlawful
					 actions), the following exceptions pertain to lands and waters owned by the
					 Federal government under Commission lease or control, or both:
(1) Boats propelled by a motor may be
				  utilized, in accordance with the regulations posted on the area.
(2) Swimming shall be in accordance with the
				  regulations posted on the area.
(3)
				  Fires shall be in accordance with the regulations posted on the area.
The provisions of this §
												135.121 amended under the Game and
						Wildlife Code,
						34 Pa.C.S. §
													721(a).
Pennsylvania Code › Title 58 - RECREATION › Part III - GAME COMMISSION › Chapter 135 - LANDS AND BUILDINGS › Subchapter G - PUBLICLY-OWNED LANDS › Section 135.122 - State-owned lands

Current through Register Vol. 54, No. 28, July 13, 2024
Section
					 135.2 (relating to unlawful
					 actions) pertains to lands and waters owned by the Commonwealth under
					 Commission lease or control, or both.
The provisions of this §
												135.122 amended under the Game and
						Wildlife Code,
						34 Pa.C.S. §
													721(a).
Pennsylvania Code › Title 58 - RECREATION › Part III - GAME COMMISSION › Chapter 135 - LANDS AND BUILDINGS › Subchapter G - PUBLICLY-OWNED LANDS › Section 135.123 - Political subdivision-owned lands

Current through Register Vol. 54, No. 28, July 13, 2024
Section
					 135.2 (relating to unlawful
					 actions) pertains to lands and waters owned by a political subdivision under
					 Commission lease or control, or both.
The provisions of this §
												135.123 amended under the Game and
						Wildlife Code,
						34 Pa.C.S. §
													721(a).
Pennsylvania Code › Title 58 - RECREATION › Part III - GAME COMMISSION › Chapter 135 - LANDS AND BUILDINGS › Subchapter H - PRIVATELY-OWNED LANDS › Section 135.141 - Privately-owned lands

Current through Register Vol. 54, No. 28, July 13, 2024
Section
					 135.2 (relating to unlawful
					 actions) pertains to lands and waters under cooperative agreement to the
					 Commission.
Pennsylvania Code › Title 58 - RECREATION › Part III - GAME COMMISSION › Chapter 135 - LANDS AND BUILDINGS › Subchapter I - PROPAGATION AREAS › Section 135.161 - Commission-owned or leased

Current through Register Vol. 54, No. 28, July 13, 2024
In addition to §
										135.2 (relating to unlawful
					 actions) the following pertain to lands and waters under Commission ownership,
					 lease or jurisdiction, designated as propagation areas:
(1) Entry is prohibited, except as authorized
				  by Commission personnel.
(2) The
				  Director may authorize the opening of a propagation area for purposes of
				  hunting, trapping, or both, in conformity with established seasons and bag
				  limits.
This section cited in 58 Pa. Code §
												135.106 (relating to Pymatuning
						Wildlife Management Area); and 58 Pa. Code §
												135.107 (relating to Middle Creek
						Wildlife Management Area).
Pennsylvania Code › Title 58 - RECREATION › Part III - GAME COMMISSION › Chapter 135 - LANDS AND BUILDINGS › Subchapter I - PROPAGATION AREAS › Section 135.162 - Privately-owned

Current through Register Vol. 54, No. 28, July 13, 2024
In addition to §
										135.2 (relating to unlawful
					 actions), the following pertain to lands and waters under agreement to the
					 Commission, designated as propagation areas:
(1) Entry is prohibited, except to the owner
				  or tenant of a tract of land on which a propagation area is established, or a
				  member of his family or authorized employe, who shall be privileged to go upon
				  the area any time of the year, without dog, trap, firearm or bow and arrow, in
				  connection with normal and customary management of the lands, if no attempt is
				  made to drive or disturb the wildlife.
(2) If a seriously wounded game bird or
				  mammal enters a propagation area, the hunter who wounded it, in order to
				  retrieve it, shall report to an officer of the Commission or to the person in
				  charge of the lands, who may investigate, accompanied by the hunter without
				  firearm or bow and arrow. If the bird or mammal is found to be seriously
				  crippled, it may be secured by the officer or person in charge of the lands and
				  turned over to the hunter.
(3) If a
				  dog, without encouragement, enters a propagation area, it may be recovered by
				  the owner or person in control by entering the area without firearm or bow and
				  arrow.