PROPOSED RULEMAKING
[58 PA. CODE CH. 147]
Special Permits
[36 Pa.B. 7879]
[Saturday, December 23, 2006]To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its October 3, 2006, meeting, proposed to rescind Chapter 147, Subchapter G (relating to taxidermy) and amend § 147.146 (relating to sale of inedible wildlife parts).
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 October 3, 2006, meeting of the Commission. Comments can be sent, until January 19, 2007, to the Director, Information and Education, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797.
1. Purpose and Authority
On July 7, 2006, the Governor signed into law the act of July 7, 2006 (P. L. 358, No. 77), which effectively transferred regulatory authority over taxidermy activities from the Commission to the Department of Agriculture as of October 5, 2006. The statutory amendments made to the code were limited to a minor amendment to section 2904 of the code (relating to permit fees) and the rescission of section 2926 of the code. To complete this transition, the Commission must eliminate the majority of the remaining taxidermy regulations in §§ 147.121--147.129. However, in an intentional effort to continue certain accommodations made for taxidermists respecting the sale of unclaimed specimens, the Commission must relocate and incorporate the provisions currently in § 147.126 (relating to unclaimed specimen procedure) to § 147.146 (relating to sale of inedible wildlife parts). Therefore, the Commission is proposing to rescind Chapter 147, Subchapter G to eliminate the remaining regulatory language concerning taxidermy activities no longer regulated by the Commission and amend § 147.146 to relocate provisions permitting the sale of unclaimed specimens by taxidermists.
Section 2901(b) of the code (relating to authority to issue permits) provides ''the commission may, as deemed necessary to properly manage the game or wildlife resources, promulgate regulations for the issuance of any permit and promulgate regulations to control the activities which may be performed under authority of any permit issued.'' Section 2312(c)(2) of the code (relating to buying and selling game) specifically states ''The commission may, by regulation, authorize the buying and selling of inedible parts of game and wildlife as it deems appropriate.'' Section 2102(a) of the code (relating to regulations) 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 rescission of Chapter 147, Subchapter G and amendment of § 147.146 were proposed under this authority.
2. Regulatory Requirements
The proposed rulemaking will rescind Subchapter G to eliminate the remaining regulatory language concerning taxidermy activities no longer regulated by the Commission and amend § 147.146 to relocate provisions permitting the sale of unclaimed specimens by taxidermists.
3. Persons Affected
Persons wishing to engage in taxidermy related activities or sell unclaimed specimens, or both, within this Commonwealth will be affected by the proposed rulemaking.
4. Cost and Paperwork Requirements
The proposed rulemaking should not result in additional cost or paperwork.
5. 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.
6. Contact Person
For further information regarding the proposed rulemaking, contact Richard A. Palmer, Acting Director, Bu-reau of Wildlife Protection, 2001 Elmerton Avenue, Har-risburg, PA 17110-9797, (717) 783-6526.
CARL G. ROE,
Executive DirectorFiscal Note: 48-240. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 58. RECREATION
PART III. GAME COMMISSION
CHAPTER 147. SPECIAL PERMITS
Subchapter G. [TAXIDERMY] (Reserved) (Editor's Note: As part of this proposed rulemaking, the Commission is proposing to delete the text of Subchapter G, which appears in 58 Pa. Code pages 147-16--147-18.4, serial pages (230320), (315261), (315262), (306267), (306268), (292857) and (292858).)
§§ 147.121.--147.129. (Reserved).
Subchapter H. PROTECTED SPECIMEN § 147.146. Sale of inedible wildlife parts.
(a) Wildlife lawfully taken within this Commonwealth that has been mounted, tanned or completely prepared for study or display in accordance with generally accepted taxidermy procedures may be sold if one of the following conditions is met:
* * * * * (3) The original owner's specimen is determined to be unclaimed as provided for in subsection (b).
(b) A specimen will be considered unclaimed when the following conditions are met:
(1) The specimen was lawfully possessed when originally deposited with the taxidermist.
(2) The specimen was mounted, tanned or completely prepared for study or display in accordance with generally accepted taxidermy procedures.
(3) The taxidermist has made a reasonable effort to contact the original owner or depositor through any means generally available to inform the owner or depositor that the specimen is complete and should be picked up within a certain time period.
(4) The owner, or the original depositor of the specimen, has been notified by certified, first-class mail and has failed to contact the taxidermist within 30 days of receipt of the notice; or the taxidermist is notified by the postal authorities the certified mail is unclaimed or undeliverable. The specimen will be considered unclaimed after 30 days from the date the taxidermist was notified.
(c) Before selling a specimen, a permit shall be obtained from a Commission officer.
[(c)] (d) * * *
[(d)] (e) * * *
[(e)] (f) * * *
[(f)] (g) * * *
[(g)] (h) * * *
[(h)] (i) * * *
[Pa.B. Doc. No. 06-2520. Filed for public inspection December 22, 2006, 9:00 a.m.]
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