Subchapter C. STATE GAME LANDS


Sec.


135.41.    State game lands.
135.42.    Appalachian Trail.
135.43.    [Reserved].
135.44.    [Reserved].
135.45.    [Reserved].
135.46.    [Reserved].
135.47.    [Reserved].
135.48.    State game lands roads open to vehicular traffic for disabled persons.
135.49.    Scope.
135.50.    Definitions.
135.51.    Designated roads on State game lands open to ATVs.
135.52.    Towing vehicle placard.
135.53.    Operation of ATVs on designated State game land roads by permitted persons.
135.54.    Areas of operation and passengers.
135.55.    Penalties.

§ 135.41. State game lands.

 (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).

 (b)  Closure of game lands.

   (1)  When the threat of forest fires exists, the Director has emergency authority to restrict the use of smoking materials on State game lands or to close State game lands to hunting, trapping, fishing, recreational use and other activity which may be or become detrimental to those lands or the flora or fauna thereon until the Director removes the restrictions. Emergency restrictions or closures will be announced to the news media.

   (2)  The Director has the authority to close State game lands or portions thereof, to recreational or other uses, when the specified uses may be or have become detrimental to those lands or the flora or fauna thereon, or where the uses conflict with legal hunting, furtaking or fishing activities or the Commission’s management or administration of State game lands. The closure may be seasonal or year-round and shall remain in effect until the Director removes the restrictions.

   (3)  It is unlawful to violate restrictions or closure placed on these lands by the Director.

 (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:

   (1)  Contaminate, pollute or degrade groundwaters or surface waters or any waterways.

   (2)  Graze or permit the grazing of livestock, place or maintain beehives or beekeeping apparatus.

   (3)  Solicit, or place advertisements, signs or posters.

   (4)  Ride a nonmotorized vehicle, conveyance or animal, except on roads normally open to public travel, or designated routes as posted, or while lawfully engaged in hunting, trapping or fishing.

   (5)  Ride a nonmotorized vehicle, conveyance or animal from the last Saturday in September until the third Saturday in January, and before 1 p.m. from the second Saturday in April through the last Saturday in May inclusive, except on Sundays or while lawfully engaged in hunting, trapping or fishing.

   (6)  Ride a nonmotorized vehicle, conveyance or animal on roads open to foot travel only.

   (7)  Drive motor vehicles with or without attachments having a registered gross vehicle weight in excess of 12,000 pounds.

   (8)  Use boats propelled by a motor. Battery powered electric motors may be used on waterways unless posted otherwise.

   (9)  Consume, possess or transport any alcohol, liquor, beer, malt or brewed alcoholic beverage.

   (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).

   (11)  Construct, place, maintain, occupy, use, leave or abandon any structures or other tangible property, except that portable hunting blinds or stands may be used subject to the following restrictions:

     (i)   Use may not cause damage to trees.

     (ii)   Except as provided in subparagraph (iii), overnight placement of portable hunting blinds or stands may not occur sooner than 2 weeks prior to the opening of the first deer season nor later than 2 weeks after the close of the last deer season within each wildlife management unit.

     (iii)   Overnight placement of portable hunting blinds is additionally permitted during the spring turkey season within each wildlife management unit.

     (iv)   Portable hunting blinds or stands placed under subparagraph (ii) or (iii) must be conspicuously marked with a durable identification tag that legibly sets forth in the owner’s first name, last name and legal home address in English or must bear a number issued by the Commission for this purpose.

   (12)  Feed wildlife or lay or place any food, fruit, hay, grain, chemical, salt or other minerals.

   (13)  Release domestic animals, captive bred or captive raised game or wildlife.

   (14)  Operate a motor vehicle in willful and wanton disregard for the safety of persons or property or in excess of posted speed limits, or where no speed limit is posted, in excess of 25 miles per hour.

   (15)  Target shoot with firearms, bows and arrows or devices capable of launching projectiles, unless the person is in possession of a valid hunting or furtaker license signed by its holder. Exercise of privileges shall be done in a manner as to not cause injury to persons or property, or on areas not otherwise posted closed to those activities.

   (16)  Except as provided in Subchapter J (relating to shooting ranges), discharge any firearm, bow and arrow, or device capable of launching projectiles that is not a lawful device to hunt game or wildlife.

   (17)  Engage in an activity or event involving more than ten persons, which may conflict with the intended purposes or uses as defined in section 722 of the act (relating to use of property), or poses a potential environmental or safety problem.

   (18)  Sell, distribute, deliver, service, guide or rent any equipment, material or commodity or otherwise transact or engage in any commercial activity. Commercial activity is any activity in which a person directly or indirectly accepts consideration of value as compensation for the provision of goods or services, including transportation.

   (19)  Use State game lands for any personal, organizational or commercial purpose other than the intended use as defined in section 722 of the act.

   (20)  Operate under authority of a contract, lease, agreement or permit and fail to abide by the terms and conditions contained in the contract, lease, agreement or permit.

   (21)  Except on Sundays, be present on State game lands from November 15 through December 15 inclusive when not engaged in lawful hunting or trapping and fail to wear a minimum of 250 square inches of daylight fluorescent orange-colored material on the head, chest and back combined or, in lieu thereof, a hat of the same colored material. The material shall be worn so it is visible in a 360° arc. Persons using shooting ranges are exempted from this requirement.

   (22)  Shoot clay birds anywhere except areas designated by the Director by signs stating that clay bird shooting is permitted.

   (23)  Operate, control, retrieve or launch an unmanned aerial vehicle of any size, design or specification on or from lands or waters designated as State game lands. This provision may not be construed to limit activities specifically authorized by the Commission in writing or Federal, State or local governmental response to fire, rescue, police or other emergency matter, or engagement in legitimate governmental function.

Authority

   The provisions of this §  135.41 amended under the Game and Wildlife Code, 34 Pa.C.S. § §  322(c)(8), 721(a), 741(b), 2102(a) and (d), 2167(a) and 2901(b).

Source

   The provisions of this §  135.41 adopted June 18, 1982, effective June 19, 1982, 12 Pa.B. 1869; amended June 19, 1987, effective July 1, 1987, 17 Pa.B. 2464; amended August 1, 1997, effective August 2, 1997, 27 Pa.B. 3788, amended August 30, 2002, effective February 1, 2003, 32 Pa.B. 4235; amended June 13, 2003, effective June 14, 2003, 33 Pa.B. 2748; amended March 23, 2007, effective March 24, 2007, 37 Pa.B. 1309; amended August 28, 2009, effective August 29, 2009, 39 Pa.B. 5121; amended March 25, 2011, effective March 26, 2011, 41 Pa.B. 1621; amended April 1, 2011, effective April 2, 2011, 41 Pa.B. 1764; amended March 14, 2014, effective March 15, 2014, 44 Pa.B. 1429; corrected March 28, 2014, effective March 15, 2014, 44 Pa.B. 1883; amended May 29, 2015, effective May 30, 2015, 45 Pa.B. 2596; amended August 19, 2016, effective August 20, 2016, 46 Pa.B. 5084. Immediately preceding text appears at serial pages (371415) to (371416) and (376903) to (376904).

Cross References

   This section cited in 58 Pa. Code §  135.2 (relating to unlawful actions); 58 Pa. Code §  135.61 (relating to State game farms); 58 Pa. Code §  135.81 (relating to Commission administrative lands); 58 Pa. Code §  135.101 (relating to scope); 58 Pa. Code §  135.106 (relating to Pymatuning Wildlife Management Area); 58 Pa. Code §  135.107 (relating to Middle Creek Wildlife Management Area); and 58 Pa. Code §  147.1003 (relating to range permit).

§ 135.42. Appalachian Trail.

 (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).

 (c)  Overnight camping. Overnight camping along the trail shall be lawful only in accordance with the act and this part.

 (d)  Unlawful acts. It is unlawful to camp:

   (1)  Overnight at a distance more than 200 feet from the designated trail.

   (2)  More than one night at the same location.

   (3)  Within 500 feet of a spring, stream or public access area.

Source

   The provisions of this §  135.42 adopted June 18, 1982, effective June 19, 1982, 12 Pa.B. 1869; amended June 19, 1987, effective July 1, 1987, 17 Pa.B. 2464. Immediately preceding text appears at serial page (104938).

Cross References

   This section cited in 58 Pa. Code §  135.41 (relating to State game lands).

§ 135.43. [Reserved].


Source

   The provisions of this §  135.43 adopted June 18, 1982, effective June 19, 1982, 12 Pa.B. 1869; reserved June 19, 1987, effective July 1, 1987, 17 Pa.B. 2464. Immediately preceding text appears at serial page (104939).

§ 135.44. [Reserved].


Source

   The provisions of this §  135.44 adopted June 18, 1982, effective June 19, 1982, 12 Pa.B. 1869; amended February 21, 1986, effective February 22, 1986, 16 Pa.B. 525; reserved June 19, 1987, effective July 1, 1987, 17 Pa.B. 2464. Immediately preceding text appears at serial pages (104939) to (104941).

§ 135.45. [Reserved].


Source

   The provisions of this §  135.45 adopted June 18, 1982, effective June 19, 1982, 12 Pa.B. 1869; reserved June 19, 1987, effective July 1, 1987, 17 Pa.B. 2464. Immediately preceding text appears at serial pages (104941) to (104942).

§ 135.46. [Reserved].


Source

   The provisions of this §  135.46 adopted June 18, 1982, effective June 19, 1982, 12 Pa.B. 1869; reserved June 19, 1987, effective July 1, 1987, 17 Pa.B. 2464. Immediately preceding text appears at serial page (104942).

§ 135.47. [Reserved].


Source

   The provisions of this §  135.47 adopted June 18, 1982, effective June 19, 1982, 12 Pa.B. 1869; reserved June 19, 1987, effective July 1, 1987, 17 Pa.B. 2464. Immediately preceding text appears at serial page (104942).

§ 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 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.

   (2)  A permittee may be accompanied by only one person, and before participating in hunting in any manner that person shall be in possession of a valid Pennsylvania hunting or furtakers license. The permittee may also be accompanied by one or more of the permittee’s children who hold a valid junior hunting or furtakers license.

 (b)  Additional reference. See §  135.2 (relating to unlawful acts).

Authority

   The provisions of this §  135.48 amended under the Game and Wildlife Code, 34 Pa.C.S. § §  721(a) and 2102.

Source

   The provisions of this §  135.48 adopted December 8, 1989, effective December 9, 1989, 19 Pa.B. 5215; amended August 24, 1990, effective September 24, 1990, 20 Pa.B. 4488; amended May 3, 1991, effective July 1, 1991, 21 Pa.B. 2009; amended October 8, 1993, effective October 9, 1993, 23 Pa.B. 4793; amended November 8, 1996, effective November 9, 1996, 26 Pa.B. 5440; amended September 27, 2002, effective September 28, 2002, 32 Pa.B. 4709; amended September 17, 2004, effective September 18, 2004, 34 Pa.B. 5153; amended August 28, 2009, effective August 29, 2009, 39 Pa.B. 5122. Immediately preceding text appears at serial page (306252).

§ 135.49. Scope.

 Sections 135.50—135.56 regulate the use of ATVs on State game lands by disabled persons.

Authority

   The provisions of this §  135.49 issued under the Game and Wildlife Code, 34 Pa.C.S. §  721(a).

Source

   The provisions of this §  135.49 adopted July 16, 1999, effective July 17, 1999, 29 Pa.B. 3734.

Cross References

   This section cited in 58 Pa. Code §  135.50 (relating to definitions).

§ 135.50. Definitions.

 The following words and terms, when used in this section and § §  135.49 and 135.51—135.55, have the following meanings, unless the context clearly indicates otherwise:

   ATV—All-terrain vehicle

     (i)   A Class I ATV as defined in 75 Pa.C.S. §  7702(1) (relating to definitions), or a motorized off-highway vehicle 58 inches or less in width, having a dry weight of 900 pounds or less traveling on four or more low-pressure tires and having a bench seat.

     (ii)   The term does not include a motorized off-highway vehicle excluded from the definition of the term ‘‘all-terrain vehicle or ATV’’ under 75 Pa.C.S. §  7702.

   Designated roads—State game land access or maintenance road that have been declared open to disabled persons using ATV’s by the Director.

   Permitted person—A person who qualifies for and is in possession of a permanent Disabled Person Permit to use a vehicle as a blind issued by the Commission and who possesses a valid hunting license.

   Universal access symbol—A placard on which is displayed a wheelchair, generally blue and white in color that is recognized worldwide as evidence that the person who is displaying the symbol is disabled.

   Towing vehicle placard—A placard provided by the Commission to permitted persons that shall be displayed on the dashboard or in a window of a vehicle.

Authority

   The provisions of this §  135.50 issued under section 721(a) of the Game and Wildlife Code (34 Pa.C.S. §  721(a)); amended under the Game and Wildlife Code (34 Pa.C.S.).

Source

   The provisions of this §  135.50 adopted July 16, 1999, effective July 17, 1999, 29 Pa.B. 3734; amended March 8, 2002, effective March 9, 2002, 32 Pa.B. 1305; amended June 22, 2012, effective June 23, 2012, 42 Pa.B. 3581. Immediately preceding text appears at serial page (356393).

Cross References

   This section cited in 58 Pa. Code §  135.49 (relating to scope).

§ 135.51. Designated roads on State game lands open to ATVs.

 State game land roads that will be open for use by permitted persons operating ATVs will be designated by the Director. The Commission will make a list of these open roads available to the permittee, and will provide the list by mail to a permitted person that has applied for a towing vehicle placard.

   (1)  The Director, or a designee, may close State game lands or portions thereof, to recreational or other uses, when the specified uses may be or has become detrimental to those lands or the flora or fauna thereon, or where the uses conflict with legal hunting, furtaking or fishing activities or the Commission’s management or administration of State game lands. The closure may be seasonal or year-round and shall remain in effect until the Director, or a designee, removes the restrictions.

   (2)  Designated roads shall be open for use by permitted persons 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.

Authority

   The provisions of this §  135.51 issued under the Game and Wildlife Code, 34 Pa.C.S. §  721(a).

Source

   The provisions of this §  135.51 adopted July 16, 1999, effective July 17, 1999, 29 Pa.B. 3734.

Cross References

   This section cited in 58 Pa. Code §  135.49 (relating to scope); and 58 Pa. Code §  135.50 (relating to definitions).

§ 135.52. Towing vehicle placard.

 (a)  A permitted person may apply for a towing vehicle placard on a form provided by the Commission.

 (b)  The towing vehicle placard shall be displayed on the dashboard or in a window of the towing vehicle when the towing vehicle is parked on State game lands.

Authority

   The provisions of this §  135.52 issued under the Game and Wildlife Code, 34 Pa.C.S. §  721(a).

Source

   The provisions of this §  135.52 adopted July 16, 1999, effective July 17, 1999, 29 Pa.B. 3734.

Cross References

   This section cited in 58 Pa. Code §  135.49 (relating to scope); and 58 Pa. Code §  135.50 (relating to definitions).

§ 135.53. Operation of ATVs on designated State game land roads by permitted persons.

 Permitted persons may operate an ATV on designated State game land roads under the following conditions:

   (1)  The ATV is operated at a speed not to exceed 10 mph.

   (2)  A universal access symbol for the disabled, at least 3 inches by 3 inches in size is displayed in a prominent place on the ATV while on State game lands.

   (3)  The ATV is registered with the Department of Conservation and Natural Resources and is displaying the valid registration plate 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).

   (4)  The ATV is equipped with a fully functional spark arrestor while operating on State game lands.

Authority

   The provisions of this §  135.53 issued under the Game and Wildlife Code, 34 Pa.C.S. §  721(a); amended under the Game and Wildlife Code, 34 Pa.C.S. §  2901.

Source

   The provisions of this §  135.53 adopted July 16, 1999, effective July 17, 1999, 29 Pa.B. 3734; amended March 8, 2002, effective March 9, 2002, 32 Pa.B. 1305. Immediately preceding text appears at serial page (257903).

Cross References

   This section cited in 58 Pa. Code §  135.49 (relating to scope); and 58 Pa. Code §  135.50 (relating to definitions).

§ 135.54. Areas of operation and passengers.

 (a)  A permitted person may traverse a maximum of 100 yards perpendicular from the nearest road edge to establish a hunting location but may not traverse streams, springs, wet areas or food plots or other areas posted against travel.

 (b)  When a permitted person is incapable of operating an ATV, the person may be accompanied by one other person who is the operator, if the ATV is designed to carry a passenger.

 (c)  Except as provided in subsection (b), a permitted person may not carry another person as a passenger on an ATV.

Authority

   The provisions of this §  135.54 issued under the Game and Wildlife Code, 34 Pa.C.S. §  721(a).

Source

   The provisions of this §  135.54 adopted July 16, 1999, effective July 17, 1999, 29 Pa.B. 3734.

Cross References

   This section cited in 58 Pa. Code §  135.49 (relating to scope); and 58 Pa. Code §  135.50 (relating to definitions).

§ 135.55. Penalties.

 A person who violates this subchapter shall be subject to the penalties as provided in the act.

Authority

   The provisions of this §  135.55 issued under the Game and Wildlife Code, 34 Pa.C.S. §  721(a).

Source

   The provisions of this §  135.55 adopted July 16, 1999, effective July 17, 1999, 29 Pa.B. 3734.

Cross References

   This section cited in 58 Pa. Code §  135.49 (relating to scope); and 58 Pa. Code §  135.50 (relating to definitions).



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