RULES AND REGULATIONS
GAME COMMISSION
[58 PA. CODE CHS. 133, 145 AND 147]
Wildlife Classification; Hearing Procedures; and Special Permits for Nonresident Falconers
[29 Pa.B. 1071] To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) at its January 12, 1999, meeting, adopted the following changes:
Amend § 133.21 (relating to classification of birds) to change the status of several species of birds of special concern in this Commonwealth.
Amend § 145.21 (relating to deputy wildlife conservation officer hearing procedure) to make editorial changes to more accurately reflect the proper title for deputy wildlife conservation officers, and to provide for deputy wildlife conservation officer's trial board hearing procedures to be closed to the public.
Amend § 147.109 (relating to restrictions on taking raptors) to provide for a limited number of special permits for nonresident falconers from reciprocating states to take a raptor from the wild in this Commonwealth.
These amendments are hereby adopted under the authority of 34 Pa.C.S. (relating to Game and Wildlife Code) (code).
Amendment to § 133.21
1. Introduction
To more effectively manage the wildlife resources of this Commonwealth, the Commission at its meeting held on July 14, 1998, proposed and at its January 12, 1999, meeting finally adopted amendments to § 133.21 (relating to classification of birds), to change the endangered and threatened status of a number of birds. This action resulted from a recommendation of the Ornithological Technical Committee of the Pennsylvania Biological Survey. The changes are being adopted under authority contained in sections 322(c)(8) and 2102(a) of the code (relating to power and duties of commission; and regulations).
2. Purpose and Authority
The Ornithological Technical Committee of the Pennsylvania Biological Survey reviews the status of birds on the list of birds of special concern in this Commonwealth every 5 years. The Committee recently completed a review and recommended to the Commission that the status of seven birds be changed. The status of five birds are upgraded while the status of two birds, Osprey and Common Tern, are downgraded.
Section 322(c)(8) of the code authorizes the Commission to add to or change the classifications of any wild bird or wild animal. Section 2102(a) of the code directs the Commission to promulgate regulations it deems necessary and appropriate concerning game or wildlife. The changes are adopted under this authority.
3. Regulatory Requirements
Since species that are endangered or threatened are essentially equally protected, the changes in classification will make little difference, with one exception. The status of the Dickcissel is being changed from ''undetermined'' to ''threatened.'' As such it will receive increased protection.
4. Persons Affected
As was indicated under Regulatory Requirements, the changes in status will not have any practical impact. Those encountering Dickcissels or owning land on which they nest may be impacted by the change to threatened status.
5. Comment and Response Summary
No official comments were received with regard to the proposed changes.
6. Cost and Paperwork Requirements
None.
Amendment to § 145.21
1. Introduction
To better administer the code, the Commission at its meeting held on July 14, 1998, proposed, and at its January 12, 1999, meeting finally adopted amendments to § 145.21 to update terminology and provide that the hearings be closed to the public. These changes were adopted under powers conferred in section 304 of the code (relating to deputy game commission officers).
2. Purpose of Authority
With the adoption of the code, the designation of the Commission officers was changed from ''game protector'' to ''wildlife conservation officer.'' This terminology was never changed in § 145.21. The adopted change rectifies this situation.
In addition, hearings for deputy officers are usually disciplinary in nature which may involve disclosure of essentially private information. To protect the privacy and rights of the officers involved, the Commission has decided that the hearings will not be open to the public.
Section 304 of the code authorizes the Commission to appoint deputy game commission officers. That section also makes those deputies ''. . . subject to all requirements and regulations, either of the law or of the commission . . .''
3. Regulatory Requirements
The adopted changes will not impose any additional regulatory requirements.
4. Persons Affected
Wildlife Conservation Officers, deputies and other individuals involved in deputy hearings will be affected by the change.
5. Comment and Response Summary
No official comments were received with regard to the adopted changes.
6. Cost and Paperwork Requirements
None
Amendment to § 147.109
1. Introduction
To more effectively manage the wildlife resources of this Commonwealth, the Commission, at its meeting held on July 14, 1998, proposed, and at its January 12, 1999, meeting finally adopted amendments to § 147.109 (relating to restrictions on taking raptors), to allow nonresident falconers to apply for a permit to take a raptor in this Commonwealth provided that their home state reciprocates. The changes were adopted under the provisions of section 2901(b) of the code (relating to regulations for permits).
2. Purpose and Authority
With certain exceptions, prior to enactment of the act of April 4, 1996 (P. L. 53, No. 18) (Act 19), which amended section 2901 of the code, the Commission could not issue permits to nonresidents. This meant that Pennsylvania falconers could not take advantage of a wider variety of raptors available in other states because other states will only reciprocate in allowing the taking of raptors. Act 19 changed this and authorizes the Commission to now reciprocate in allowing nonresidents to take raptors in this Commonwealth. The adopted changes are the implementing provisions for this reciprocity.
Section 2901(b) of the code authorizes this Commonwealth 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 changes.
3. Regulatory Requirements
Nonresident falconers wishing to take a raptor in this Commonwealth will need to be from a state that reciprocates in the taking of raptors and will be subject to a number of limitations.
4. Persons Affected
Nonresident falconers will be affected by the changes. Resident falconers will benefit from the changes.
5. Comment and Response Summary
No official comments were received with regard to the changes.
6. Cost and Paperwork Requirements
Nonresident falconers will need to submit an application and pay a nonrefundable fee of $100. Given the fact that the maximum number of permits that will be issued each year is 20, the number of the applications should be small.
7. Effective Date
These changes will be 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 changes, contact James R. Fagan, Director, Bureau of Law Enforcement, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717) 783-6526.
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 authorizing statute, orders that:
(a) The regulations of the Commission, 58 Pa. Code Chapters 133, 145 and 147, are amended by amending §§ 133.21, 145.21 and 147.109 to read as set forth at 28 Pa.B. 5244 (October 17, 1998).
(b) The Executive Director of the Commission shall submit this order and 28 Pa.B. 5244 (October 17, 1998) and deposit them with the Legislative Reference Bureau as required by law.
(c) This order amending §§ 133.21, 145.21 and 147.109, shall become effective upon final publication in the Pennsylvania Bulletin.
DONALD C. MADL,
Executive DirectorFiscal Note: Fiscal Note 48-105 remains valid for the final adoption of the subject regulations.
[Pa.B. Doc. No. 99-301. Filed for public inspection February 26, 1999, 9:00 a.m.]
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