RULES AND REGULATIONS
GAME COMMISSION
[58 PA. CODE CH. 141]
Hunting and Trapping; Big Game
[32 Pa.B. 4711] To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its July 28, 2002, meeting, adopted the following changes:
Add § 141.8a (relating to accompanying junior hunters) to clarify what ''accompany'' means as well as require those accompanying junior hunters to wear required safety orange; add § 141.19 (relating to killing game or wildlife to protect property) to list approved methods to kill game or wildlife for crop damage and to require advanced written permission from the District Wildlife Conservation Officer; and § 141.41(4) and (5) (relating to general) to clarify the procedure of tagging and reporting of animals killed by accident or mistake.
These amendments were hereby adopted under the authority of 34 Pa.C.S. (relating to the Game and Wildlife Code) (code). Notice of proposed rulemaking was published at 32 Pa.B. 2891 (June 15, 2002).
Adopted of § 141.8a
1. Introduction
The Commission is adding § 141.8a to further clarify the term ''accompany'' as it is used in section 2711(a)(8) of the code (relating to unlawful acts concerning licenses) and require those accompanying junior hunters to wear required safety orange.
2. Purpose and Authority
Section 2711(a)(8) of the code requires persons accompanying junior hunters to be close enough that verbal instructions and guidance can be easily understood. Many sportsmen are questioning and do not clearly understand current language regarding accompanying junior hunters. Some are ''accompanying'' by radio or walkie-talkie. Adding § 141.8a will clarify what ''accompany'' means as well as require those accompanying junior hunters to be physically present and to wear required safety orange.
Section 2102(a) of the code (relating to regulations) authorizes the Commission to promulgate regulations relating to the hunting of game or wildlife and the health and safety of persons who hunt or take wildlife or may be in the vicinity of persons who hunt or take game or wildlife in this Commonwealth. This change was adopted under that authority.
3. Regulatory Requirements
The section clarifies the term ''accompany'' and requires those accompanying junior hunters to be physically present and to wear required safety orange.
4. Persons Affected
Junior hunters and those accompanying them will be affected by this adoption.
Amendment to § 141.19
1. Introduction
The Commission is adding § 141.19 to list approved methods to kill game or wildlife for crop damage.
2. Purpose and Authority
Section 2126(a)(2) of the code (relating to unlawful activities) provides that it is unlawful for persons killing game or wildlife for crop damage to use any method not approved by the Commission. The Commission has never formally listed approved methods. This can be accomplished by adding § 141.19.
Section 2102(a) of the code authorizes the Commission to promulgate regulations as it deems necessary and appropriate concerning game or wildlife in this Commonwealth. The changes were adopted under that authority.
3. Regulatory Requirements
The adopted change will list approved methods to kill game or wildlife for crop damage.
4. Persons Affected
Farmers wishing to kill animals for crop damage will be affected.
Amendment to § 141.41
1. Introduction
The Commission is adding § 141.41(4) and (5) to clarify the procedure for tagging and reporting of animals killed by accident or mistake.
2. Purpose and Authority
Section 2306 of the code (relating to killing game of wildlife by mistake) allows persons who have killed game or wildlife by mistake to deliver the animal to an officer of the Commission and pay restitution in lieu of penalty. There is often confusion regarding the tagging and reporting of animals killed by accident or mistake. The procedure has been clarified by amending § 141.41.
Section 2102(a) of the code authorizes the Commission to promulgate regulations relating to the hunting of game or wildlife in this Commonwealth. The changes were adopted under this authority.
3. Regulatory Requirements
The adopted change clarifies the procedure for tagging and reporting of animals killed by accident or mistake.
4. Persons Affected
Hunters who kill animals by accident or mistake will be affected.
Comment and Response Summary
There were no official comments received with regard to this final-form rulemaking.
Cost and Paperwork Requirements
This final-form rulemaking will not result in additional cost or paperwork.
Effective Date
This final-form rulemaking will be effective upon publication in the Pennsylvania Bulletin and will remain in effect until changed by the Commission.
Contact Person
For further information regarding this final-form rulemaking, contact David E. Overcash, 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 adding §§ 141.8a and 141.19; and by amending § 141.41 to read as set forth in Annex A.
(b) The Executive Director of the Commission shall certify this order and Annex A and deposit them with the Legislative Reference Bureau as required by law.
(c) This order takes effect upon publication in the Pennsylvania Bulletin.
VERNON R. ROSS,
Executive DirectorFiscal Note: Fiscal Note 48-144 remains valid for the final adoption of the subject regulations.
Annex A
TITLE 58. RECREATION
PART III. GAME COMMISSION
CHAPTER 141. HUNTING AND TRAPPING
Subchapter A. GENERAL § 141.8a. Accompanying junior hunters.
It is unlawful while accompanying junior hunters under section 2711(a)(8) of the act (relating to unlawful acts concerning licenses) to be out of sight of or unable to physically or verbally control the junior hunter or to fail to comply with fluorescent orange requirements. Verbal instructions given through the use of an electronic or other sound amplification device do not meet this requirement.
§ 141.19. Killing game or wildlife to protect property.
(a) Persons authorized to kill game or wildlife under the authority of Chapter 21, Subchapter B of the act (relating to destruction for agricultural protection) shall be limited to use only those firearms and types of ammunition that have been approved by the Commission with regard to particular classifications, for the taking of game or wildlife during an open season.
(b) It is unlawful for a person to use bows and arrows or crossbows and bolts or a muzzleloading firearm of any kind to kill game or wildlife under the authority of Chapter 21, Subchapter B of the act, without advanced written permission from the District Wildlife Conservation Officer.
Subchapter C. BIG GAME § 141.41. General.
(Editor's Note: The amendment to § 141.41 has been incorporated into the amendments published at 32 Pa.B. 4712, 4713 (September 28, 2002).)
[Pa.B. Doc. No. 02-1673. Filed for public inspection September 27, 2002, 9:00 a.m.]
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