PROPOSED RULEMAKING
[58 PA. CODE CHS. 147]
Special Permits; Taxidermy
[34 Pa.B. 3017] To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its April 20, 2004, meeting, proposed the following rulemaking:
Amend § 147.123 (relating to taxidermy examination) to clarify requirements regarding the use of reproductions and associated parts in addition to the types of species that may be used to mount fish, both in the General and Specialty class.
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's taxidermy testing procedures and process has long been admired and respected throughout the country. Few other states impose professional standards on their taxidermists and it shows in the quality of completed work. In keeping with these standards, the Taxidermist Board has recommended to the Commission that the following amendments be made relative to the mounting of fish, both in the General and Specialty class.
2. Purpose and Authority
The Taxidermist Board has concerns that current regulations do not adequately address the use of reproductions and associated artificial parts in addition to the types of species that may be used to mount fish, both in the General and Specialty class, to complete the taxidermy examination. The amendments to § 147.123 are intended to eliminate this confusion while also maintaining the high standards and skill level required for a taxidermy permit.
Section 2901(b) of the code (relating to authority to issue permits) provides that ''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.'' Section 2102(a) of the code (relating to regulations) provides that ''The commission shall promulgate such regulations as it deems necessary and appropriate concerning game or wildlife. . . in this Commonwealth. . . .'' The amendments to § 147.123 are proposed under this authority.
3. Regulatory Requirements
The proposed rulemaking will identify what types of reproductions and associated artificial parts in addition to the types of species that may be used to mount fish, both in the General and Specialty class, to complete the taxidermy examination.
4. Persons Affected
Persons wishing to obtain a taxidermy permit within this Commonwealth 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 on 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.
VERNON R. ROSS,
Executive DirectorFiscal Note: 48-189. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 58. RECREATION
PART III. GAME COMMISSION
CHAPTER 147. SPECIAL PERMITS
Subchapter G. TAXIDERMY § 147.123. Taxidermy examination.
(a) General taxidermy permit applicants shall present five specimens that have been mounted by the applicant within the last 3 years. The required specimens shall be: One antlered whitetail deer head, one small mammal, one upland game bird, one duck or other waterfowl and one fish. The fish must be skin mounted and the applicant would be permitted to use artificial cast head, fins or eyes. All birds shall be mounted with the feet and legs visible. All specimens shall be found in the wild within this Commonwealth.
(b) Restricted taxidermy permit applicants shall present five specimens that have been mounted by the applicant within the last 3 years in the category they are attempting to secure a permit. Big and small game applicants shall present one antlered whitetail deer head, one other big game specimen, two small game specimens and one furbearer specimen. Fish applicants shall present five different fish specimens[, game] to include two warm water specimens, two cold water specimens and one of the applicant's choice. Four of the specimens must be skin mounted. The fifth specimen can be a skin mount or a reproduction. If it is a reproduction, it must be cast by the applicant. It cannot be a commercially produced fish body. Game bird applicants shall present one wild turkey, two upland game birds and two waterfowl specimens. All birds and waterfowl shall be mounted with the feet and legs visible. All specimens must be found in the wild within this Commonwealth.
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[Pa.B. Doc. No. 04-1009. Filed for public inspection June 11, 2004, 9:00 a.m.]
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