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PA Bulletin, Doc. No. 04-1714

RULES AND REGULATIONS

GAME COMMISSION

[58 PA. CODE CH. 147]

Special Permits; Taxidermy

[34 Pa.B. 5157]

   To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its June 29, 2004, meeting, adopted an amendment to § 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 final-form rulemaking will have no adverse impact on the wildlife resources of this Commonwealth.

   The authority for the final-form rulemaking is 34 Pa.C.S. (relating to Game and Wildlife Code) (code).

   Notice of proposed rulemaking was published at 34 Pa.B. 3017 (June 12, 2004).

1.  Introduction

   The Commission's taxidermy testing process and procedures have 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 Commission has followed the recommendations of the taxidermist board by making the following amendments relative to the mounting of fish, both in the General and Specialty class.

2.  Purpose and Authority

   The taxidermist board had concerns that the regulations did 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 will 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 were adopted under this authority.

   Section 2926(a) of the code (relating to taxidermy permits) provides that ''The commission shall set up a system of examinations to determine the fitness of all future applicants for the permits'' and section 2926(b.1) of the code provides that ''a taxidermist may be licensed to obtain a permit for one or more of the following areas: (i) big and small game animals, excluding wild turkey; (ii) fish; and (iii) game birds, including wild turkey.''

3.  Regulatory Requirements

   The final-form 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 in this Commonwealth will be affected by the final-form rulemaking.

5.  Comment and Response Summary

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

6.  Cost and Paperwork Requirements

   The final-form rulemaking should not result in 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 § 147.123 to read as set forth at 34 Pa.B. 3017.

   (b)  The Executive Director of the Commission shall certify this order and 34 Pa.B. 3017 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 48-189 remains valid for the final adoption of the subject regulation.

[Pa.B. Doc. No. 04-1714. Filed for public inspection September 17, 2004, 9:00 a.m.]


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