PROPOSED RULEMAKING

GAME COMMISSION

[58 PA. CODE CHS. 147]

Special Permits

[34 Pa.B. 3411]

   To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its April 20, 2004, meeting, proposed the following rulemaking:

   Amend § 147.286 (relating to acquisition and disposal) to restrict disposal or transfer of wildlife only to persons who lawfully conduct activities under the authority of a permit to lawfully import the wildlife being transferred.

   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 § 147.286 to restrict disposal or transfer of wildlife only to persons who lawfully conduct activities under the authority of a permit to lawfully import the wildlife being transferred.

2.  Purpose and Authority

   With the current requirements in place through statute and regulations relative to importing, licensing and experience needed to receive a permit to possess wildlife, the Commission has identified a need to clarify to whom a permitted menagerie can transfer excess stock. The Commission determined that disposal or transfer of wildlife, for any reason, shall be limited to persons who lawfully conduct activities under the authority of a permit to lawfully import the wildlife being transferred. This would prohibit the disposal or transfer of wildlife to unpermitted private parties.

   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 to control the activities which may be performed under authority of any permit issued.'' 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 . . . in this Commonwealth, including regulations relating to the protection, preservation and management of game or wildlife . . . in this Commonwealth.'' The amendment to § 147.286 is proposed under this authority.

3.  Regulatory Requirements

   The proposed rulemaking will restrict the disposal or transfer of wildlife for any reason only to persons who may themselves lawfully import the wildlife being transferred. This will prohibit the disposal or transfer of wildlife to an unpermitted private party.

4.  Persons Affected

   Persons who wish to transfer or dispose of wildlife held under a menagerie 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 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 Director

   Fiscal Note:  48-190. No fiscal impact; (8) recommends adoption.

Annex A

TITLE 58. RECREATION

PART III. GAME COMMISSION

CHAPTER 147. SPECIAL PERMITS

Subchapter O. MENAGERIES

§ 147.286. Acquisition and disposal.

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   (b)  The acquisition or disposal of wildlife shall be for the sole purpose of maintaining stock for the menagerie. Disposal or transfer for any reason is limited to persons who may lawfully import the wildlife being transferred.

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[Pa.B. Doc. No. 04-1195. Filed for public inspection July 2, 2004, 9:00 a.m.]

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