PROPOSED RULEMAKING

GAME COMMISSION

[58 PA. CODE CH. 141]

Hunting and Trapping

[34 Pa.B. 484]

   To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its October 7, 2003, meeting, proposed the following amendment:

   Amend § 141.22 (relating to small game) to create a safety zone around Commission vehicles to reduce the chances of employees who are releasing pheasants from being injured.

   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 October 7, 2003, meeting of the Commission. Comments can be sent until January 27, 2004, to the Director, Information and Education, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797.

1.  Introduction

   Every year as Commission employees release pheasants for hunting during the open season, hunters shoot the pheasants at or near the vehicles being used to transport the pheasants. Not only is this contrary to fair chase, it jeopardizes the safety of Commission employees releasing the pheasants. Adding § 141.22(a)(9) reduces the chances of Commission employees being injured when stocking pheasants.

2.  Purpose and Authority

   Because of increased incidents of careless hunters shooting at pheasants being released by Commission employees from their vehicles during the hunting season and the potential of serious physical injury, the Commission proposes to impose a safety zone of 150 yards around the vehicles. The safety zone distance is the same that is currently in place surrounding occupied dwellings and structures per section 2505(a) of the code (relating to safety zones). The intent of this proposed rulemaking is to provide the same safety parameters and protection for Commission employees releasing pheasants from their vehicles that is currently afforded to the general public at their residences.

   Section 2102 of the code (relating to regulations) provides that the Commission shall promulgate 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. This provision provides the authority for the proposed rulemaking.

3.  Regulatory Requirements

   The proposed rulemaking will make it unlawful for hunters to shoot at pheasants within 150 yards of a Commission vehicle involved in releasing pheasants.

4.  Persons Affected

   Persons who hunt for pheasants 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: 48-173. No fiscal impact; (8) recommends adoption.

Annex A

TITLE 58.  RECREATION

PART III.  GAME COMMISSION

CHAPTER 141.  HUNTING AND TRAPPING

Subchapter B.  SMALL GAME

§ 141.22. Small game.

   (a)  Unlawful activities. It is unlawful to:

*      *      *      *      *

   (9)  Discharge a firearm within 150 yards of a Game Commission vehicle releasing pheasants.

*      *      *      *      *

[Pa.B. Doc. No. 04-140. Filed for public inspection January 23, 2004, 9:00 a.m.]

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