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PA Bulletin, Doc. No. 99-2039

RULES AND REGULATIONS

Title 58--RECREATION

GAME COMMISSION

[58 PA. CODE CH. 147]

Issuance of Special Permits

[29 Pa.B. 6112]

   To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its October 5, 1999, meeting, adopted the following changes:

   Amend § 147.2 (relating to general) by the addition of subsection (d) that requires new permit applicants to show proof they are authorized by their local governmental body to conduct the activity specified on the permit.

   This amendment is adopted under the authority of 34 Pa.C.S. (relating to Game and Wildlife Code) (code).

Amendment to § 147.2

1.  Introduction

   To more effectively administer the wildlife permit system of the Commonwealth, the Commission at its June 8, 1999, meeting proposed, and at its October 5, 1999 meeting, finally adopted a change in § 147.2 to add subsection (d) requiring documentation that the privilege granted by a permit does not violate any local zoning ordinances or other local rule. This addition was adopted under authority contained in section 2901(b) of the code (relating to regulations for permits).

2.  Purpose and Authority

   The Commission is charged with the responsibility of regulating and issuing permits for the possession of game and wildlife and activities associated with that possession. Former permit regulations did not take into account local land use and other ordinances, which may impact on that possession or those activities. As a result, the Commission may have issued permits which allowed possession of wildlife or an activity that violated local law. A good example would have been a permit for possession of a tiger in a residential neighborhood. The adopted addition deals with these types of situations.

   Section 2901(b) of the code authorizes the Commission to promulgate regulations ''. . . for the issuance of any permit or . . . to control the activities which may be performed under authority of any permit issued.'' This provision is the basis for the adopted change.

3.  Regulatory Requirements

   The adopted change requires all new applicants for permits to provide documentation that the proposed possession or activity complies with local requirements. It is anticipated that this will ordinarily be done in letter form.

4.  Persons Affected

   Persons wishing to apply for a Commission permit will be affected by the requirement.

5.  Comment and Response Summary

   One written comment was received from the Association of Township Supervisors totally in support of the adopted change.

6.  Cost and Paperwork Requirements

   There will be no additional charges imposed by the Commission. Municipalities may charge for furnishing the required documentation.

7.  Effective Date

   The change is 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 adopted change, contact Thomas R. Littwin, Acting Director, Bureau of Law Enforcement, 2001 Elmerton Avenue, Harrisburg, PA (717) 783-6526.

Findings

   The Commission finds that:

   (1)  The 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 this amendment 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 authorizing statute, orders that:

   (a)  The regulations of the Game Commission, 58 Pa. Code Chapter 147, are amended by amending § 147.2 to read as set forth at 29 Pa.B. 4169 (August 7, 1999).

   (b)  The Executive Director of the Game Commission shall submit this order and 29 Pa.B. 4169, and deposit it with the Legislative Reference Bureau as required by law.

   (c)  This order amending § 147.2 shall become effective upon final publication in the Pennsylvania Bulletin.

VERNON R. ROSS,   
Executive Director

   (Editor's Note:  The proposal to add § 147.146, included in the proposed rulemaking at 29 Pa.B. 4169 (August 7, 1999), has been withdrawn by the Commission.)

   Fiscal Note:  48-113. No fiscal impact; (8) recommends adoption.

[Pa.B. Doc. No. 99-2039. Filed for public inspection December 3, 1999, 9:00 a.m.]


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