RULES AND REGULATIONS
GAME COMMISSION
[58 PA. CODE CH. 141]
Uses of Muzzleloading Firearms in Southeast and Southwest Special Regulations Areas
[30 Pa.B. 5960] To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its October 12, 2000, meeting, adopted the following change:
Amend § 141.1 (relating to special regulations areas) to allow the use of muzzleloading pistols in the Southeast and Southwest Special Regulations Areas to remain consistent with the Commission's intent to expand hunting opportunities.
This amendment is hereby adopted under the authority of 34 Pa.C.S. (relating to the Game and Wildlife Code) (code).
Introduction
To more effectively manage the wildlife resources of this Commonwealth, the Commission at its meeting held on June 21, 2000, proposed, and at its meeting held on October 12, 2000, finally adopted amendments to § 141.1 to allow the use of any muzzleloading firearm with single projectile ammunition for deer hunting in special regulations areas. This will allow more flexibility for muzzleloaders in special regulations areas and create more hunting opportunities. The change was adopted under the authority contained in section 2102 of the code (relating to regulations).
Purpose and Authority
Because of excessive deer populations within the established special regulations areas, the Commission has decided to encourage deer hunting as much as possible. One way in which this can be done is by allowing the use of muzzleloading pistols with appropriate ammunition during the applicable season. The change will allow this.
Section 2102(a) of the code directs the Commission to '' ... promulgate such regulations as it deems necessary and appropriate concerning ... the ways, manner, methods, and means of hunting or furtaking ... '' section 2102(d) of the code also directs the Commission to promulgate regulations stipulating '' ... the type of firearms and ammunition and other devices which may be used ... '' The change was adopted under this authority.
Regulatory Requirements
The amendment will relax current requirements.
Persons Affected
Individuals wishing to hunt deer in special regulations areas with muzzleloading firearms using single projectile ammunition will be affected by the change.
Comment and Response Summary
No written comments were received with regard to the adopted change.
Cost and Paperwork Requirements
The change will not result in any additional cost or paperwork.
Effective Date
The change will be effective on final publication in the Pennsylvania Bulletin and will remain in effect until changed by the Commission.
Contact Person
For further information on the change, contact David E. Overcash, Acting 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 Chapter 141, are amended by amending § 141.1 to read as set forth at 30 Pa.B. 1262 (March 4, 2000).
(b) The Executive Director of the Commission shall certify this order and 30 Pa.B. 1262 and deposit them with the Legislative Reference Bureau as required by law.
(c) This order amending § 141.1, shall become effective upon final publication in the Pennsylvania Bulletin.
VERNON R. ROSS,
Executive DirectorFiscal Note: Fiscal Note 48-123 remains valid for the final adoption of the subject regulation.
[Pa.B. Doc. No. 00-1979. Filed for public inspection November 17, 2000, 9:00 a.m.]
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