Subchapter C. 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.

   (24)  Engage in dog training activities on small game from the Monday prior to the start of the youth pheasant season until the opening of the regular pheasant season in §  139.4 (relating to seasons and bag limits for the license year). This paragraph may not be construed to limit dog training activities on any other public or private lands or waters not designated as State game lands.

   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).

   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; amended May 5, 2017, effective May 6, 2017, 47 Pa.B. 2600. Immediately preceding text appears at serial pages (382899) to (382902).

 (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.

   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).

 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).

 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).

   The provisions of this §  135.49 adopted July 16, 1999, effective July 17, 1999, 29 Pa.B. 3734; amended March 23, 2018, effective March 24, 2018, 48 Pa.B. 1677. Immediately preceding text appears at serial pages (371420) and (361951).

 (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.

   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; amended March 23, 2018, effective March 24, 2018, 48 Pa.B. 1677. Immediately preceding text appears at serial page (361951).

 (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).

   The provisions of this §  135.51 adopted July 16, 1999, effective July 17, 1999, 29 Pa.B. 3734; amended March 23, 2018, effective March 24, 2018, 48 Pa.B. 1677. Immediately preceding text appears at serial pages (361951) to (361952).

 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).

   The provisions of this §  135.52 adopted July 16, 1999, effective July 17, 1999, 29 Pa.B. 3734; amended March 23, 2018, effective March 24, 2018, 48 Pa.B. 1677. Immediately preceding text appears at serial page (361952).

 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.

   (2)  Marking required. Mobility devices operated on designated routes must be marked with a universal access symbol placard or sticker that is at least 3 inches by 3 inches in size and displayed in a conspicuous manner.

   (3)  ATVs and snowmobiles as mobility devices. An ATV or snowmobile used as a mobility device on a designated route must be registered with the Department of Conservation and Natural Resources and display the valid registration plate or 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).

   (4)  Spark arrestors required. Mobility devices powered by an internal combustion engine must be equipped with a fully functional spark arrestor while operating on a designated route.

   (5)  Classification of designated route. Mobility devices meeting the requirements of this subchapter may access designated routes classified for mobility device and motor vehicle combined access and mobility device only access. Motor vehicles meeting the requirements of this subchapter may access only designated routes classified for motor vehicle access.

   (6)  Limited deviation from designated route authorized. Persons with a valid disabled person access permit issued under Chapter 147, Subchapter AA may traverse a maximum of 100 yards perpendicular to the nearest designated route road or trail edge to establish a hunting or trapping location, and may not traverse streams, springs, wet areas, food plots or other areas posted against travel.

   (7)  Size, weight and noise limited. Mobility devices may not exceed 65 inches in width and 1,800 pounds in weight. The noise level may not exceed 99 decibels when measured at 20 inches.

   (8)  Use of vehicle to hunt restricted. Persons using mobility devices and motor vehicles on designated routes are subject to the restrictions of section 2308(a)(7) of the act (relating to unlawful devices and methods) concerning the use of power-driven vehicles or conveyances to hunt.

   (9)  Loaded firearms. Persons using mobility devices and motor vehicles on designated routes 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 (relating to disabled person permits).

   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. § §  721(a) and 2901.

   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; amended March 23, 2018, effective March 24, 2018, 48 Pa.B. 1677. Immediately preceding text appears at serial pages (361952) and (356395).

 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).

   The provisions of this §  135.54 adopted July 16, 1999, effective July 17, 1999, 29 Pa.B. 3734; amended March 23, 2018, effective March 24, 2018, 48 Pa.B. 1677. Immediately preceding text appears at serial page (356395).

 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).

   The provisions of this §  135.55 adopted July 16, 1999, effective July 17, 1999, 29 Pa.B. 3734; amended March 23, 2018, effective March 24, 2018, 48 Pa.B. 1677. Immediately preceding text appears at serial pages (356395) to (356396).

   This section cited in 58 Pa. Code §  135.48 (relating to purpose and scope).