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PA Bulletin, Doc. No. 05-87

RULES AND REGULATIONS

Title 58--RECREATION

GAME COMMISSION

[58 PA. CODE CHS. 141]

Hunting and Trapping; Permitted Devices

[35 Pa.B. 353]

   To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its October 5, 2004, meeting, adopted an amendment to § 141.18 (relating to permitted devices).

   This final-form rulemaking will have no adverse impact on the wildlife resources of this Commonwealth.

   The authority for this 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. 5164 (September 18, 2004).

1.  Introduction

   The Commission amended § 141.18 to permit the use of sound amplification devices that completely cover the ears.

2.  Purpose and Authority

   Former regulations specifically prohibited the use of sound amplification devices that completely cover the ears. With the advances in technology, many of the available electronic hearing protection devices now also amplify sound. Former regulations prohibited many of these devices because they could be used to give hunters an unfair advantage. Many of the new hearing protection devices are electronic, enabling the hunter to hear normal conversation but preventing sounds over a certain decibel level from entering the ear. They amplify sound and completely cover the ears. By striking the relevant language in § 141.18, these hearing protection devices were made lawful for use.

   Section 322(c)(5) of the code (relating to powers and duties of the commission) specifically empowers the Commission to ''Fix the type and number of devices which may be used to take game or wildlife.'' Section 2102(b)(1) of the code (relating to regulations) authorizes the Commission to ''promulgate regulations relating to . . . the number and types of devices and equipment allowed, the identification of devices and the use and possession of devices.'' Section 2102(d) of the code authorizes the Commission to ''promulgate regulations stipulating . . . devices which may be used, the manner in which and the location where the devices may be used, the species the devices may be used for and the season when the devices may be used.'' Section 2102(a) of the code provides that ''The commission shall promulgate such regulations as it deems necessary and appropriate concerning game or wildlife and hunting or furtaking in this Commonwealth,including regulations relating to . . .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.'' The amendment to § 141.18 was adopted under this authority.

3.  Regulatory Requirements

   This final-form rulemaking will permit the use of sound amplification devices that completely cover the ears.

4.  Persons Affected

   Persons who wish to use sound amplification devices that completely cover the ears will be affected by this final-form rulemaking.

5.  Comment and Response Summary

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

6.  Cost and Paperwork Requirements

   This final-form rulemaking should not result in additional cost or paperwork.

7.  Effective Date

   This rulemaking will be effective upon final-form publication in the Pennsylvania Bulletin and will remain in effect until changed by the Commission.

8.  Contact Person

   For further information regarding this 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 141, are amended by amending § 141.18 to read as set forth at 34 Pa.B. 5164.

   (b)  The Executive Director of the Commission shall certify this order and 34 Pa.B. 5164 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 48-192 remains valid for the final adoption of the subject regulation.

[Pa.B. Doc. No. 05-87. Filed for public inspection January 14, 2005, 9:00 a.m.]


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