RULES AND REGULATIONS
Title 58--RECREATION
GAME COMMISSION
[58 PA. CODE CH. 141]
Small Game
[32 Pa.B. 5889] To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its October 8, 2002, meeting, adopted the following change:
Amend § 141.22 (relating to small game) to provide lawful methods for taking small game.
This final-form rulemaking was 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. 1219 (March 2, 2002).
1. Introduction
The Commission amended § 141.22(a) by adding paragraph (8) to make it unlawful to hunt or take small game except woodchucks with a handgun using larger than .40 caliber ammunition.
2. Purpose and Authority
Since the codification of the code, lawful methods for taking small game have not been clearly defined. The language will clearly define the size of firearms for lawfully taking small game.
Section 322(c)(5) of the code (relating to powers and duties of commission) authorizes the Commission to fix the type and number of devices which may be used to take game or wildlife. Section 2102(a) of the code (relating to regulations) authorizes the Commission to promulgate regulations relating to the hunting of game or wildlife in this Commonwealth. These sections provide the regulatory authority for the final-form rulemaking.
3. Regulatory Requirements
The final-form rulemaking will restrict the size of firearms that small game hunters can use.
4. Persons Affected
Small game hunters will be affected by this final-form rulemaking.
5. Comment and Response Summary
There were no official comments received with regard to this final-form rulemaking.
6. Cost and Paperwork Requirements
The final-form rulemaking should not result in any additional cost or paperwork.
7. Effective Dates
The final-form rulemaking will be effective upon publication in the Pennsylvania Bulletin and will remain in effect until changed by the Commission.
8. 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 amendment 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 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 Commission, 58 Pa. Code Chapter 141, are amended by amending § 141.22 to read as set forth at 32 Pa.B. 1219.
(b) The Executive Director of the Commission shall certify this order and 32 Pa.B. 1219 and deposit them with the Legislative Reference Bureau as required by law.
(c) This order shall become effective upon final-form publication in the Pennsylvania Bulletin.
VERNON R. ROSS,
Executive DirectorFiscal Note: Fiscal Note 48-139A remains valid for the final adoption of the subject regulations.
[Pa.B. Doc. No. 02-2143. Filed for public inspection November 27, 2002, 9:00 a.m.]
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