PROPOSED RULEMAKING
GAME COMMISSION
[58 PA. CODE CH. 137]
Wildlife; Feeding
[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 § 137.33 (relating to feeding of certain wildlife prohibited) to allow the ban on feeding bears to remain in effect, until amended or deleted by the Commission, by removing the expiration language from the section.
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 § 137.33 to allow the ban on feeding bears to remain in effect, until amended or deleted by the Commission, by removing the expiration language from the section.
2. Purpose and Authority
In recent years, bear populations have increased in parts of this Commonwealth. These increases in bear populations have unfortunately resulted in increased instances of bear/human conflicts. The feeding of bears has consistently been an aggravating factor in many of these conflicts, because this feeding has attracted bears to developed areas. In an effort to limit bear/human conflicts, Chapter 137 (relating to wildlife) was amended to make it unlawful to feed bears. This amendment, however, contained expiration language which directed that ''This section shall expire October 31, 2004, unless a regulation is promulgated reauthorizing it.'' The Commission is proposing to reauthorize § 137.33 and allow it to remain in effect until it is amended or deleted by removing the expiration language.
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) provides that ''The commission shall promulgate such regulations as it deems necessary and appropriate concerning game or wildlife . . . including regulations relating to the protection, preservation and management of game or wildlife and game . . . in this Commonwealth.'' The amendment to § 137.33 is proposed under this authority.
3. Regulatory Requirements
The proposed rulemaking will amend § 137.33 by removing the expiration language, thus allowing the ban on feeding bears to remain in effect until it is amended or deleted by the Commission.
4. Persons Affected
Persons living within areas where black bears are located would 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: 48-188. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 58. RECREATION
PART III. GAME COMMISSION
CHAPTER 137. WILDLIFE § 137.33. Feeding of certain wildlife prohibited.
It is unlawful to, except for normal or accepted farming, habitat management practices, oil and gas drilling, mining, forest management activities or other legitimate commercial or industrial practices, intentionally lay or place food, fruit, hay, grain, chemical, salt or other minerals anywhere in this Commonwealth for the purpose of feeding bear, or to intentionally lay or place food, fruit, hay, grain, chemical, salt or other minerals that may cause bear to congregate or habituate an area. If songbird feeders are being used by bears, the Commission may issue a written notice prohibiting the songbird feeding. [This section shall expire October 31, 2004, unless a regulation is promulgated reauthorizing it.]
[Pa.B. Doc. No. 04-1006. Filed for public inspection June 11, 2004, 9:00 a.m.]
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