PROPOSED RULEMAKING
GAME COMMISSION
[58 PA. CODE CH. 147]
Special Permits--Taxidermy
[27 Pa.B. 1161] To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its January 14, 1997, meeting, proposed the following amendments:
Amend Chapter 147, Subchapter G (relating to taxidermy) to conform with the changes to 34 Pa.C.S. (relating to Game and Wildlife Code) (code).
These proposed amendments will have no adverse impact on the wildlife resources of this Commonwealth.
The authority for these proposals is the code.
These proposals were made public at the January 14, 1997, meeting of the Commission and comments on these proposals can be sent to the Executive Director of the Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797 until April 4, 1997.
Proposed amendments to Chapter 147, Subchapter G
1. Introduction
By the act of December 19, 1996 (P. L. 442, No. 184) (Act 184), section 2926 of the code (relating to taxidermy permits), was amended to provide that taxidermy permits could be issued in three specific areas. This change in the law requires changes to Subchapter G insofar as it involves examination procedures. As a result, the Commission at its January 14, 1997, meeting proposed changing the subchapter. The proposal was made under the authority contained in section 2901(b) of the code (relating to regulations for permits).
2. Purpose and Authority
A change in the code authorizing the issuance of taxidermy permits in three specific areas requires the modification of taxidermy permit examination procedures. The proposed changes provide for restricted taxidermy permits and specify numbers and types of specimens to be submitted for the examination, as required by the statute.
Section 2901(b) of the code authorizes the Commission to promulgate regulations for the issuance of any permit and to control the activities which may be performed under the authority thereof. The proposed changes would be adopted under this authority.
3. Regulatory Requirements
Act 184 requires that as part of the taxidermy examination, an individual must present five specimens from each group for which he is seeking a permit. The proposed changes specify what types of specimens must be submitted and require the submission of 15 specimens for a general permit covering all three groups.
4. Persons Affected
Individuals wishing to be issued a taxidermy permit by the Commission would be affected by the proposed changes.
5. Cost and Paperwork Requirements
Act 184 requires submission of five specimens in each area, tripling the requirement for those wishing to practice taxidermy in all areas. The proposed changes reflect this change in Act 184. Clearly, there will be additional cost to the Commission in terms of having additional specimens examined. The amount of this cost is uncertain and will depend on the number of applicants.
6. Effective Date
These amendments will be effective on the final publication in the Pennsylvania Bulletin and will remain in effect until changed by the Commission.
7. Contact Person
For further information on the proposed changes, the contact person is James R. Fagan, Director, Bureau of Law Enforcement, (717) 783-6526, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797.
DONALD C. MADL,
Executive DirectorFiscal Note: 48-97; (1) Game and Wildlife Fund; (2) Implementing Year 1996-97 is $minor; (3) 1st Succeeding Year 1997-98 is $minor; 2nd Succeeding Year 1998-99 is $minor; 3rd Succeeding Year 1999-00 is $minor; 4th Succeeding Year 2000-01 is $minor; 5th Succeeding Year 2001-02 is $minor; (4) Fiscal Year 1995-96 $n/a; Fiscal Year 1994-95 $n/a; Fiscal Year 1993-94 $n/a; (7) Game and Wildlife Fund; (8) recommends adoption.
Annex A
TITLE 58. RECREATION
PART III. GAME COMMISSION
CHAPTER 147. SPECIAL PERMITS
Subchapter G. TAXIDERMY § 147.121. Definitions.
In addition to the definitions in the act and § 131.2 (relating to definitions), the following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise:
* * * * * General taxidermy permit--A permit issued to a person to engage in the activities described in section 2926(b) and (b.1) of the act (relating to taxidermy permits).
* * * * * Restricted taxidermy permit--A permit issued to a person to engage in taxidermy for one of two specific categories only:
(i) Big and small game, excluding wild turkey.
(ii) Fish or game birds including wild turkey.
* * * * * § 147.122. Application.
(a) An application for examination shall be submitted on a form supplied by the Commission. A nonrefundable fee of $50 shall be submitted with the application. Anadditional $100 shall be submitted for each category listed on the permit if the examination is passed.
(b) The applicant shall list on the application if testing for a general permit or a restricted permit. If the applicant is testing for a restricted permit, the category shall be listed.
(1) Big and small game, excluding wild turkey.
(2) Fish.
(3) Game birds, including wild turkey.
§ 147.123. Taxidermy examination.
(a) Taxidermy permit applicants shall present [five] fifteen specimens that have been mounted by the applicant within the last 3 years. The required specimens shall be: One antlered whitetail deer head, [one small mammal, one upland game bird, one duck or other waterfowl and one fish.] one other big game specimen, two small game specimens and one furbearer specimen. Five different fish specimens will be required and five game birds shall include one wild turkey mount, two upland game birds and two waterfowl specimens. [The] All birds shall be mounted with the feet and legs visible. [The] All specimens shall be found in the wild within this Commonwealth.
(b) Restricted taxidermy permit applicants shall present five specimens that have been mounted by the applicant within the last 3 years in the category they are attempting to secure a permit. Big and small game applicants shall present one antlered whitetail deer head, one other big game specimen, two small game specimens and one furbearer specimen. Fish applicants shall present five different fish specimens, game bird applicants shall present one wild turkey, two upland game birds and two waterfowl specimens. All birds and waterfowl shall be mounted with the feet and legs visible. All specimens must be found in the wild within this Commonwealth.
[(b)] (c) * * *
[(c)] (d) * * *
[(d)] (e) * * *
§ 147.129. Unlawful acts.
(a) It is unlawful to:
* * * * * (11) [Violate other provisions of this title or the act] Receive, possess or hold a specimen other than authorized when issued a restricted taxidermy permit.
(12) Practice taxidermy on a specimen other than authorized when issued a restricted taxidermy permit.
* * * * *
[Pa.B. Doc. No. 97-355. Filed for public inspection March 7, 1997, 9:00 a.m.]
No part of the information on this site may be reproduced for profit or sold for profit.This material has been drawn directly from the official Pennsylvania Bulletin full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.
