RULES AND REGULATIONS
Title 58--RECREATION
GAME COMMISSION
[58 PA. CODE CHS. 141 AND 147]
Turkey Management Areas and Falconry
[26 Pa.B. 884] To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), on January 23, 1996, adopted the following amendments to 58 Pa. Code:
Amend Chapter 141, Appendix C (relating to Pennsylvania Turkey Management Areas), to provide for additional fall turkey hunting opportunities by dividing Turkey Management Area #9 into separate management areas and have them identified as Areas #9-A and #9-B. This split could then provide limited fall turkey hunting in a portion of Area #9 that has previously been closed to fall hunting. Area #9-B would then be limited to shotguns only for fall turkey hunting. The Commission additionally approved for final adoption, the split of Turkey Management Area #1 into Turkey Management Area #1-A and #1-B. Turkey Management Area #1-B will be that portion of Area #1 that includes all of Erie and Crawford Counties. The remainder of Turkey Management Area #1 will be designated as Turkey Management Area #1-A.
Amend § 147.113 (relating to falconry) to provide for a more positive reporting procedure to the Commission when raptors are transferred from one permittee to another in both intrastate and interstate transactions, as well as provide for consistent reporting procedures in the event of the death of a raptor.
These amendments are necessary to properly manage the wildlife resources of this Commonwealth and will have no adverse effect on the resources.
The amendment to Chapter 141, Appendix C has made public as a proposal at the June 20, 1995, meeting of the Commission and the amendments to § 147.113 were made public as a proposal at the October 3, 1995, meeting of the Commission. The notice of proposed rule- making was set forth at 25 Pa.B. 5248 (November 25, 1995).
Amendment to Chapter 141, Appendix C
1. Introduction
The Commission at its June 20, 1995, meeting proposed changing the boundaries of Turkey Management Area #9 and splitting it into two areas. At its January 23, 1996, meeting, the Commission voted to further change the proposed map to include a split of Turkey Management Area #1 into a Turkey Management Area #1-B which contains Erie and Crawford Counties and Turkey Management Area #1-A which would include the rest of the former Turkey Management Area #1. These changes are being made under 34 Pa.C.S. §§ 322(c) and 2102 (relating to specific powers and duties; and regulations).
2. Purpose and Authority
There is a sufficient population of wild turkeys in some parts of Turkey Management Area #9 to support a limited fall turkey season. As a consequence the Commission has changed the map in Chapter 141, Appendix C to split Turkey Management Area #9 into Areas #9-A and #9-B.
The Commission has also decided that the wild turkey populations in Erie and Crawford Counties are sufficiently abundant to permit an earlier start of the fall turkey season in those counties than in the rest of Turkey Management Area #1. Turkey Management Area #1 is therefore being split into Turkey Management Areas #1-A and #1-B.
Section 322(c)(4) of 34 Pa.C.S. authorizes the Commission to ''define geographic limitations or restrictions.'' Section 2102(a) of 34 Pa.C.S. directs the Commission to promulgate regulations as it deems necessary or appropriate concerning game or wildlife. The amendments fall within these mandates.
3. Regulatory Requirements
These changes provide more flexibility in scheduling fall turkey hunting season in parts of Turkey Management Areas #1 and #9. These changes do not impose any additional requirements.
4. Persons Affected
Individuals wishing to hunt turkey in the affected management areas would need to recheck seasons. It is anticipated that recreational opportunities will be increased.
5. Cost and Paperwork Requirements
There will be no additional cost or paperwork resulting from the changes.
Amendment to § 147.113
1. Introduction
The Commission at its October 3, 1995, meeting proposed and at its January 23, 1996, meeting finally adopted amendments to § 147.113, to require permit holders to forward a copy of Form 3-186A to the Commission when a raptor is transferred. This change is adopted under 34 Pa.C.S. § 2901(b) (relating to regulations for permits).
2. Purpose and Authority
Section 147.113 currently requires the filing of Form 3-186A with the United States Fish and Wildlife Service (USFWS) upon the transfer or death of a raptor. USFWS normally provides a copy of the form to the Commission but it is often after a considerable delay. At a meeting between representatives of the Commission and the Pennsylvania Falconry and Hawk Trust, it was agreed that requiring a copy of Form 3-186A to be forwarded directly to the Commission would permit the Commission to maintain more current information. The amendment adds this requirement. Section 2901(b) of 34 Pa.C.S. authorizes the Commission to promulgate regulations to control activities performed pursuant to permit.
3. Regulatory Requirements
The amendment requires falconers to submit a copy of Form 3-186A directly to Commission within 5 calendar days of the transfer or death of a raptor.
4. Persons Affected
Falconers transferring or having a raptor die will be affected by this amendment.
5. Cost and Paperwork Requirements
The amendment will result in minimal additional cost to falconers for an extra copy of a form that must already be prepared, and some additional postage.
6. Comment and Response Summary
Comments were not received concerning the amendments.
7. Effective Date
These amendments are effective on final publication in the Pennsylvania Bulletin and will remain in effect until changed by the Commission.
8. Contact Person
For further information on the amendments, the contact person is James R. Fagan, Director, Bureau of Law Enforcement (717) 783-6526, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797.
Findings
The Commission finds that:
(1) Public notice of intention to adopt the administrative amendments adopted by this order has been given under sections 201 and 202 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. §§ 1201 and 1202) and the regulations thereunder, 1 Pa. Code §§ 7.1 and 7.2
(2) The adoption of the amendments of the Commission in the manner provided in this order is necessary and appropriate for the administration and enforcement of the authorizing statute.
Order
The Commission, acting under the authorizing statute, orders that:
(a) The regulations of the Commission, 58 Pa. Code Chapters 141 and 147, are amended by amending § 147.113 to read as set forth at 25 Pa.B. 5248 (November 25, 1995) and by amending Chapter 141, Appendix C to read as set forth in Annex A.
(b) The Executive Director of the Commission shall submit this order, 25 Pa.B. 5248 and Annex A to the Office of Attorney General for approval as to legality as required by law.
(c) The Executive Director of the Commission shall certify this order, 25 Pa.B. 5248 and Annex A and deposit them with the Legislative Reference Bureau as required by law.
(d) This order amending Chapter 141, Appendix C and § 147.113 shall become effective upon final publication in the Pennsylvania Bulletin.
DONALD C. MADL,
Executive DirectorFiscal Note: Fiscal Note 48-91 remains valid for the final adoption of the subject regulations.
Annex A
TITLE 58. RECREATION
PART III. GAME COMMISSION
CHAPTER 141. HUNTING AND TRAPPING
APPENDIX C 
[Pa.B. Doc. No. 96-288. Filed for public inspection March 1, 1996, 9:00 a.m.]
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