Current through Register Vol. 54, No. 44, November 2, 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).
(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 a boat propelled by
a motor or operate a boat in excess of slow, no wake speed. Boats propelled by
electric motors are authorized for use on waterways when operated at slow,
no-wake speed unless the waterway is otherwise posted closed to all boats or
all boats propelled by a motor.
(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) 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).
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).