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PA Bulletin, Doc. No. 04-946

RULES AND REGULATIONS

[58 PA. CODE CH. 147]

Special Permits; Falconry

[34 Pa.B. 2828]

   To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its January 27, 2004, meeting, adopted the following final-form rulemaking:

   Amend § 147.103 (relating to classes of permits) to allow residents of this Commonwealth to apply for a falconry permit at 16 years of age.

   The final-form rulemaking will have no adverse impact on the wildlife resources of this Commonwealth.

   The 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 34 Pa.B. 486 (January 24, 2004).

1.  Introduction

   Formerly, section 2901 of the code (relating to authority to issue permits) and § 147.103(a) required a person to be 18 years of age to apply for a falconry permit. The act of June 17, 2003 (P. L. 12, No. 5) (Act 5) amended section 2901 of the code to allow residents of this Commonwealth who are at least 16 years of age to apply for a falconry permit. The Commission has made the two provisions consistent by amending § 147.103(a).

2.  Purpose and Authority

   Act 5 amended section 2901 of the code by amending the age requirement for eligible residents of this Commonwealth to apply for apprentice falconry permits from 18 years of age to 16 years of age. Former regulations required persons applying for a falconry permit to be at least 18 years of age. To make the regulations compatible with section 2901 of the code, § 147.103(a) is amended to allow persons at least 16 years of age to apply for an apprentice falconry permit.

   Section 2901(b) of the code states that unless otherwise provided in the code, the Commission may, as deemed necessary to properly manage the game or wildlife resources, promulgate regulations for the issuance of any permit and promulgate regulations to control the activities which may be performed under authority of any permit issued. The amendment to § 147.103(a) was adopted under this authority.

3.  Regulatory Requirements The final-form rulemaking will allow a person 16 years of age to apply for a falconry permit.

4.  Persons Affected

   Persons who wish to apply for a falconry permit will be affected by the final-form rulemaking.

5.  Comment and Response Summary

   There were no official comments received regarding the final-form rulemaking.

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 upon publication in the Pennsylvania Bulletin and will remain in effect until changed by the Commission.

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 147, are amended by amending § 147.103 to read as set forth at 34 Pa.B. 486.

   (b)  The Executive Director of the Commission shall certify this order and 34 Pa.B. 486 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 Director

   Fiscal Note:  Fiscal Note 48-175 remains valid for the final adoption of the subject regulation.

[Pa.B. Doc. No. 04-946. Filed for public inspection May 28, 2004, 9:00 a.m.]


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