RULES AND REGULATIONS
GAME COMMISSION
[58 PA. CODE CH. 137]
Feeding of Certain Wildlife Prohibited
[33 Pa.B. 1470] To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its January 7, 2003, meeting, adopted the following change:
Add § 137.33 (relating to feeding of certain wildlife prohibited) to prohibit the feeding of bears.
The final-form rulemaking will have no adverse impact on the wildlife resources of this Commonwealth.
The final rulemaking was adopted under the authority of 34 Pa.C.S. (relating to Game and Wildlife Code) (code).
Notice of proposed rulemaking was published at 32 Pa.B. 6134 (December 14, 2002).
1. Introduction
The Commission added § 137.33.
2. Purpose and Authority
In recent years, bear populations have increased in parts of this Commonwealth, which has resulted in increased instances of bear/human conflicts. The feeding of bears has aggravated this situation by attracting bears to developed areas. In an effort to limit bear/human conflicts, § 137.33 has been added to make it unlawful to feed bears.
Section 103(a) of the code (relating to ownership, jurisdiction and control of game and wildlife) states that ''The ownership, jurisdiction over and control of game or wildlife is vested in the Commission. . . .'' Section 2102(a) of the code (relating to regulations) states that ''The Commission shall promulgate such regulations as itdeems necessary and appropriate concerning game or wildlife. . .including regulations relating to the protection, preservation and management of game or wildlife. . . .'' These two provisions provide the statutory authority for the addition of § 137.33.
3. Regulatory Requirements
The final-form rulemaking will forbid the intentional feeding of bears or the causing of bears to congregate or habituate an area.
4. Persons Affected
Persons living within areas where black bears are located will be affected.
5. Comment and Response Summary
One official comment was received, regarding the addition of § 137.33, in favor of the ban on feeding bears.
6. Cost and Paperwork Requirements
The final-form rulemaking should not result in any additional cost or paperwork.
7. Effective Date
The final-form rulemaking will be effective on publication in the Pennsylvania Bulletin and will remain in effect until October 2004, unless a regulation is promulgated reauthorizing it.
8. Contact Person
For further information regarding the final-form rulemaking, contact Michael A. Dubaich, 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 137, are amended by adding § 137.33 to read as set forth at 32 Pa.B. 6134.
(b) The Executive Director of the Commission shall certify this order and 32 Pa.B. 6134 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 48-152 remains valid for the final adoption of the subject regulation.
[Pa.B. Doc. No. 03-507. Filed for public inspection March 21, 2003, 9:00 a.m.]
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