PROPOSED RULEMAKING
[58 PA. CODE CH. 137]
Wildlife; Release
[34 Pa.B. 3015] To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its April 20, 2004, meeting, proposed the following rulemaking:
Amend § 137.2 (relating to release of turkeys) to make unlawful the release of captive held or captive raised game or wildlife into the wild without first securing a permit.
The proposed rulemaking will have no adverse impact on the wildlife resources of this Commonwealth.
The authority for the proposed rulemaking is 34 Pa.C.S. (relating to Game and Wildlife Code) (code).
The proposed rulemaking was made public at the April 20, 2004, meeting of the Commission. Comments can be sent until June 21, 2004, to the Director, Information and Education, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797.
1. Introduction
The Commission is proposing to amend § 137.2 to make unlawful the release of captive held or captive raised game or wildlife into the wild without first securing a permit.
2. Purpose and Authority
Currently, the Commission has no law or regulation that prohibits the release of captive held or captive raised game or wildlife into the wild. Release of captive held or captive raised game or wildlife into the wild is a sizable concern due to the possibility of the transmission of disease, unnatural predation and habitat competition. The transmission of disease by released animals is a concern because of the potential devastating effects that certain current diseases could have on the native wild animals of this Commonwealth. The recent problems with monkey pox or chronic wasting disease in other areas are prime examples. Released captive held or captive raised game or wildlife can also negatively impact native species by direct predation and by competition for habitat. The amendments to § 137.2 make unlawful the release of captive held or captive raised game or wildlife into the wild without first securing a permit.
Section 2102(c) of the code (relating to regulations) directs that ''The commission shall promulgate regulations concerning the transportation, introduction into the wild, importation, exportation, sale, offering for sale or purchase of game or wildlife or the disturbing of game or wildlife in their natural habitat.'' Section 2102(a) of the code provides that ''The commission shall promulgate such regulations as it deems necessary and appropriate concerning game or wildlife and hunting or furtaking in this Commonwealth, including regulations relating to the protection, preservation and management of game or wildlife and game or wildlife habitat, permitting or prohibiting hunting or furtaking, the ways, manner, methods and means of hunting or furtaking, 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.'' The amendment to § 137.2 is proposed under this authority.
3. Regulatory Requirements
The proposed rulemaking will make unlawful the release of captive held or captive raised game or wildlife into the wild without first securing a permit.
4. Persons Affected
Persons who release captive held or captive raised game or wildlife into the wild in this Commonwealth without first securing a permit will be affected by the proposed rulemaking.
5. Cost and Paperwork Requirements
The proposed rulemaking should not result in additional cost or paperwork.
6. Effective Date
The proposed rulemaking will be effective upon final-form publication in the Pennsylvania Bulletin and will remain in effect until changed by the Commission.
7. Contact Person
For further information regarding the proposed rulemaking, contact Michael A. Dubaich, Director, Bureau of Law Enforcement, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717) 783-6526.
(Editor's Note: A proposal to amend this section which appeared at 33 Pa.B. 4680 (September 20, 2003), has been withdrawn by the Commission.)
VERNON R. ROSS,
Executive DirectorFiscal Note: 48-187. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 58. RECREATION
PART III. GAME COMMISSION
CHAPTER 137. WILDLIFE § 137.2. Release of [turkeys] animals.
[It is unlawful to release turkeys into the wild without first obtaining a permit from the Commission. The permit applicant shall provide proof the turkeys to be released have been tested using procedures prescribed by the Department of Agriculture in 7 Pa. Code Chapter 15 (relating to control and eradication of pullorum disease) and have been found free of disease. If the turkeys to be released have been raised in this Commonwealth in accordance with 7 Pa. Code Chapter 15 and regularly tested under those regulations within 12 months of release, a permit is not required.] Except as otherwise provided, it is unlawful to release captive held or captive raised game or wildlife on to any lands, public or private, without first securing a permit from the Commission. Lawfully acquired mallard ducks, ringneck pheasant, bobwhite quail and chukar partridge may be released for dog training or hunting purposes.
[Pa.B. Doc. No. 04-1007. Filed for public inspection June 11, 2004, 9:00 a.m.]
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