PROPOSED RULEMAKING
[58 PA. CODE CH. 141]
Hunting and Trapping; Presque Isle State Park
[33 Pa.B. 2591] To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its April 8, 2003, meeting, proposed the following amendment:
Reserve § 141.17 (relating to Presque Isle State Park) to remove the regulations pertaining to hunting deer in Presque Isle State Park.
The proposed rulemaking will have no adverse impact on the wildlife resources of this Commonwealth.
The authority for the proposed rulemaking is 34 Pa.C.S. (relating to Game and Wildlife Code) (code).
The proposed rulemaking was made public at the April 8, 2003, meeting of the Commission and comments can be sent until June 20, 2003, to the Director, Information and Education, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797.
1. Introduction
The Commission is proposing to reserve § 141.17.
2. Purpose and Authority
The Department of Conservation and Natural Resources (Department) has submitted a request that the regulations pertaining to hunting deer in Presque Isle State Park be removed. The Department has determined that the present deer population in the park can be properly controlled and maintained using the existing Statewide deer management plan. By reserving § 141.17, hunters will be permitted to hunt deer in Presque Isle State Park during the open seasons for hunting deer in accordance with remaining laws and regulations.
Section 2102(d) of the code (relating to regulations) states that: ''The commission shall promulgate regulations stipulating . . . the type of firearms and ammunition and other devices which may be used, the manner in which and the location where the devices may be used, the species the devices may be used for and the season when the devices may be used.'' Section 2102(a) of the code provides that: ''The commission shall promulgate such regulations as it deems necessary and appropriate concerning game or wildlife and hunting or furtaking in this Commonwealth, including regulations relating to the protection, preservation and management of game or wildlife and game or wildlife habitat, permitting or prohibiting hunting or furtaking, the ways, manner, methods and means of hunting or furtaking, and the health and safety of persons who hunt or take wildlife or may be in the vicinity of persons who hunt or take game or wildlife in this Commonwealth.'' The amendment to § 141.17 is proposed under these provisions.
3. Regulatory Requirements
The proposed rulemaking will remove the regulations pertaining to hunting deer in Presque Isle State Park.
4. Persons Affected
Persons wishing to hunt deer in Presque Isle State Park will be affected by this proposed rulemaking.
5. Cost and Paperwork Requirements
The proposed rulemaking should not result in additional cost or paperwork.
6. Effective Date
The proposed rulemaking will be effective upon final-form publication in the Pennsylvania Bulletin and will remain in effect until changed by the Commission.
7. Contact Person
For further information regarding the proposed rulemaking, contact Michael A. Dubaich, Director, Bureau of Law Enforcement, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717) 783-6526.
VERNON R. ROSS,
Executive DirectorFiscal Note: 48-162. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 58. RECREATION
PART III. GAME COMMISSION
CHAPTER 141. HUNTING AND TRAPPING
Subchapter A. GENERAL § 141.17. [Presque Isle State Park] (Reserved).
[(a) General. In a year in which the Department of Environmental Resources, Bureau of State Parks, determines the deer population on Presque Isle State Park has become a detriment to the available habitat and declares the park open to deer hunting, this subchapter applies.
(b) Name. The area shall be known as Presque Isle State Park.
(c) Description. The area includes the land mass of the peninsula commencing at the entrance of the park.
(d) Permitted acts. It is lawful to hunt for and kill deer through the use of a shotgun at least 20 gauge which, upon discharge, propels rifled slugs or punkin balls. The Executive Director may authorize the use of 00 buckshot if it is determined additional safety measures are required.
(e) Prohibitions. It is unlawful to:
(1) Hunt or kill wildlife through the use of a rifle.
(2) Possess a rifle within the boundaries of the State Park.
(3) Violate other provisions of this title or the act.]
[Pa.B. Doc. No. 03-1031. Filed for public inspection May 30, 2003, 9:00 a.m.]
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