PROPOSED RULEMAKING
GAME COMMISSION
[58 PA. CODE CHS. 141 AND 147]
Special Permits for Hunting and Trapping
[31 Pa.B. 5109] To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) at its June 12, 2001, meeting, proposed the following amendments:
Amend §§ 141.41 and 141.43 (relating to general; and deer). With the advent of the new special firearms deer season, the Commission needs to ensure that hunters participating in the new season wear the required daylight fluorescent orange-colored material and that trappers dispatching legally trapped furbearers with firearms during this season use only a .22 caliber rimfire. This can be accomplished by adding special firearms deer season provisions to §§ 141.41(2) and 141.43(f).
Amend § 147.146 (relating to sale of inedible wildlife parts). The act of December 21, 1998 (P. L. 1274, No. 166) (Act 166) amended 34 Pa.C.S. § 2312 (relating to buying and selling game) giving the Commission authority to authorize by regulation the buying and selling of inedible parts of game and wildlife as it deems appropriate. This can be accomplished by adding § 147.146.
These amendments will have no adverse impact on the wildlife resources of this Commonwealth.
The authority for these proposals is 34 Pa.C.S. (relating to the Game and Wildlife Code) (code).
These proposals were made public at the June 12, 2001, meeting of the Commission, and comments on these proposals can be sent to the Director of Information and Education of the Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, until September 21, 2001.
Proposed amendments to §§ 141.41(2) and 141.43(f)
1. Introduction
In recent years, the Commission has established seasons and bag limits, under § 139.4. In the seasons and bag limits adopted this year on April 10, 2001, the Commission adopted a 3-day special deer season, and in regulations finally adopted at the June 12, 2001, meeting, designated a special firearms season. To provide for hunter safety, the Commission proposed at its June 12, 2001, meeting that the requirements of wearing 250 square inches of fluorescent orange material on the head, chest and back, and the use of only .22 caliber rimfire firearms to dispatch trapped furbearers under §§ 141.41(2) and 141.43(f) also apply to the special firearms season.
These changes are proposed under authority contained in section 2102(a) of the code, which permits the Commission to promulgate regulations it deems necessary and appropriate concerning ''. . . the ways, manner, methods and means of hunting or furtaking and the health and safety of person who hunt or take wildlife . . . .'' See section 2102 of the code.
2. Purpose and Authority
As was indicated in the Introduction, the proposed changes would require deer hunters during the special firearms season to wear a minimum of 250 square inches of daylight fluorescent orange-colored material under § 141.41(2). The material shall be worn on the head, chest and back combined so it is visible in a 360° arc. Additionally, the proposed changes would allow only the use of .22 caliber rimfire firearms to dispatch legally trapped furbearers during the special firearms season under § 141.43(f).
Section 2102(a) of the code, providing for regulating the ways, manner and means of hunting or furtaking, is the authority for these proposed changes.
3. Regulatory Requirements
The proposed changes would require persons hunting to wear fluorescent orange, and allow only the use of .22 caliber rimfire firearms to dispatch trapped furbearers, during the special firearms season.
4. Persons Affected
Persons hunting for deer or furtaking during the special firearms season would be affected by the proposed changes.
5. Cost and Paperwork Requirements
The proposed changes should not result in any additional cost or paperwork.
Proposed amendments to § 147.146
1. Introduction
By Act 166, the General Assembly authorized the Commission to allow the sale of game and wildlife as it deems appropriate. Under that authorization, the Commission at its June 12, 2001, meeting proposed amendments relating to the sale of inedible wildlife parts. The proposal includes wildlife lawfully taken within this Commonwealth that has been mounted, tanned or completely prepared for study or display. Under the proposal, a permittee may sell inedible wildlife parts under limited circumstances. This change is proposed under section 2102 of the code authorizing the Commission to promulgate the regulations it deems necessary and appropriate concerning game or wildlife, and section 2312(c)(2) of the code (relating to buying and selling of game) authorizing the Commission by regulation to authorize the buying and selling of inedible parts of game and wildlife it deems appropriate.
2. Purpose and Authority
As indicated in the Introduction, the proposal would authorize a permittee to sell inedible wildlife parts under limited circumstances, and would require a permit at a cost of $5. Section 2102 of the code authorizes the Commission to promulgate regulations it deems necessary and appropriate concerning game or wildlife, and section 2312(c)(2) of the code authorizes the Commission by regulation to authorize the buying and selling of inedible parts of game and wildlife, provide authority for this proposal.
3. Regulatory Requirements
The proposed change would authorize the issuance of permits for the sale of inedible wildlife parts valid for 120 days.
4. Persons Affected
Persons wishing to sell inedible wildlife and wildlife parts may be affected by the proposed change.
5. Cost and Paperwork Requirements
The proposed change will result in a new permit and a fee of $5. The permit fee offsets administrative costs of the new permit requirement.
Effective Date
The proposed changes will be effective on final publication in the Pennsylvania Bulletin and will remain in effect until changed by Commission.
Contact Person
For further information regarding these changes, contact David E. Overcash, Director, Bureau of Law Enforcement, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717) 783-6526.
VERNON R. ROSS,
Executive DirectorFiscal Note: 48-134. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 58. RECREATION
PART III. GAME COMMISSION
CHAPTER 141. HUNTING AND TRAPPING
Subchapter C. BIG GAME § 141.41. General.
It is unlawful to:
* * * * * (2) Hunt for or assist to hunt for deer, bear or elk during the regular firearms season or special firearms season without wearing a minimum of 250 square inches of daylight fluorescent orange-colored material. The material shall be worn on the head, chest and back combined so it is visible in a 360° arc.
* * * * * § 141.43. Deer.
* * * * * (f) .22 caliber rimfire required for furbearers. Only a .22 caliber rimfire may be used to dispatch legally trapped furbearers during the regular [antlered and antlerless] or special firearms deer [season] seasons.
CHAPTER 147. SPECIAL PERMITS
Subchapter H. PROTECTED SPECIMEN § 147.146. Sale of inedible wildlife parts.
(a) Wildlife lawfully taken within this Commonwealth that has been mounted, tanned or completely prepared for study or display in accordance with generally accepted taxidermy procedures may be sold if one of the following conditions is met:
(1) The original owner is deceased.
(2) The original owner's assets are being liquidated.
(b) Before selling a specimen, a permit shall be obtained from a Commission officer.
(c) An executed copy of the permit application (PGC-12) shall list the items to be sold. The permit is valid for 120 days.
(d) The fee for a permit issued under this section is $5.
(e) The original owner of a specimen may donate the specimen to a wildlife conservation organization, which may then sell the specimen without a permit for fundraising purposes.
(f) Second and subsequent owners of wildlife parts acquired in accordance with section 2312(c)(1) of the act (relating to buying and selling of game) may sell the parts if included as part of a manufactured or finished product.
(g) A person violating this section shall be subject to the penalties provided in section 2312 of the act.
[Pa.B. Doc. No. 01-1643. Filed for public inspection September 7, 2001, 9:00 a.m.]
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