PROPOSED RULEMAKING

[58 PA. CODE CH. 141]

Hunting and Trapping

[40 Pa.B. 1752]
[Saturday, April 3, 2010]

 To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) proposed the following rulemaking at its January 26, 2010, meeting:

 Amend § 141.62 (relating to beaver trapping) to remove the applicability of the 2 body-gripping traps per trapper limitation to WMU 1B.

 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 January 26, 2010, meeting of the Commission. Comments can be sent to the Director, Information and Education, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, until April 14, 2010.

1. Purpose and Authority

 WMU 1B has the greatest number of beaver damage complaints in the entire State. Beaver damage/nuisance complaints within this unit normally range between 50 and 100 complaints each year. Last year, 23% of all beaver complaints received by the Commission occurred in WMU 1B. Not surprisingly, WMU 1B has had the highest beaver harvest during the past 20 years than any other unit. Furthermore, there is strong evidence that beaver populations in WMU 1B have grown to the point where they are no longer in balance with their habitat. Nonpreferred foods are being utilized and it appears that all suitable beaver range is occupied. The daily and season limits of 20 and 40 for beavers are rarely reached by trappers in this WMU. As a consequence of these findings, the Commission has determined that a long term increase in the beaver harvest is needed within WMU 1B. The Commission is proposing to amend § 141.62 to remove the applicability of the two body-gripping traps per trapper limitation to WMU 1B. Increasing the number of body-gripping traps for each trapper should greatly improve beaver trapping efficiency and success, thus measurably increasing harvest.

 Section 2102(b)(1) of the code (relating to regulations) authorizes the commission to ''promulgate regulations relating to seasons and bag limits for hunting or furtaking, the possession of certain species or parts thereof, the number and types of devices and equipment allowed, the identification of devices and the use and possession of devices.'' Section 2102(d) of the code authorizes the commission to ''promulgate regulations stipulating the size and type of traps, 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 § 141.62 was proposed under this authority.

2. Regulatory Requirements

 The proposed rulemaking will amend § 141.62 to remove the applicability of the two body-gripping traps per trapper limitation to WMU 1B.

3. Persons Affected

 Persons wishing to trap beaver within WMU 1B may be affected by the proposed rulemaking.

4. Cost and Paperwork Requirements

 The proposed rulemaking should not result in any additional cost or paperwork.

5. Effective Date

 The proposed rulemaking will be effective upon final 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, Director, Bureau of Wildlife Protection, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717) 783-6526.

CARL G. ROE, 
Executive Director

 Fiscal Note: 48-300. No fiscal impact; (8) recommends adoption.

Annex A

TITLE 58. RECREATION

PART III. GAME COMMISSION

CHAPTER 141. HUNTING AND TRAPPING

Subchapter D. FURBEARERS

§ 141.62. Beaver trapping.

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 (b) Unlawful acts. It is lawful to:

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 (4) In an area where beavers are known to inhabit, set, tend or operate more than a combined total of 20 traps or snares no more than 10 of which may be traps. No more than two of the traps may be body gripping traps except in Wildlife Management Units 1B, 3A, 3B, 3C and 3D where the two body gripping trap limit does not apply.

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[Pa.B. Doc. No. 10-597. Filed for public inspection April 2, 2010, 9:00 a.m.]

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