RULES AND REGULATIONS
Title 58--RECREATION
GAME COMMISSION
[58 PA. CODE CH. 135]
Lands and Buildings
[35 Pa.B. 4825] To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its June 28, 2005, meeting, adopted an amendment to § 135.107 (relating to Middle Creek Wildlife Management Area) to permit the Director to designate dates for deer hunting outside of the established seasons and bag limits in the Middle Creek Wildlife Management Area and eliminate redundant language.
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 35 Pa.B. 3229 (June 4, 2005).
1. Purpose and Authority
Section 137.107 allows special deer hunts to take place on controlled areas of the Middle Creek Wildlife Management Area. However, hunters are required to apply for and receive a permit prior to taking part in these special hunts. Under § 135.161(2) (relating to Commission-owned or leased), these special hunts are currently required to be held in conformity with established seasons and bag limits.
The Commission has recently identified a trend indicating that, in addition to the properly permitted hunters who are authorized to hunt inside of these controlled areas, a heavy concentration of hunters tend to surround the boundary lines of these areas hoping to harvest deer as they go to and from the Middle Creek Wildlife Management Area. The combination of increased deer movement and the high concentration of hunters in and around these controlled areas poses a significant safety concern. To address this safety concern, the Commission has amended § 135.107 to allow the Director to designate dates for the special deer hunts in the Middle Creek Wildlife Management Area to take place outside of the established seasons and bag limits. This amendment should help dilute the heavy concentration of hunters in and around the Middle Creek Wildlife Management Area during established deer hunting seasons.
Section 135.107(b)(4) and (c)(4) contained the language ''or a designee.'' The creation of this language was intended to allow the Director to designate another individual the authority to suspend special hunts and cancel the remaining permits when an adequate number of game animals had been harvested. However, after additional review of the definition of ''Director'' in section 102 of the code (relating to definitions), it is apparent that the term ''designee'' is already covered by the definition. Therefore, the Commission has adopted the amendment to § 135.107(b)(4) and (c)(4) by eliminating the ''or a designee'' language in these provisions since it is redundant and unnecessary.
Section 322(c)(2) of the code (relating to powers and duties of commission) specifically empowers the Commission to ''Remove protection, declare an open season or increase, reduce or close a season.'' Section 322(c)(6) of the code specifically empowers the Commission to ''Limit the number of hunters or furtakers in any designated area . . . .'' Section 322(c)(10) of the code specifically empowers the Commission to ''Manage and develop its lands and waters . . . as it considers advisable and, by proper action and proceedings, enact and enforce regulations to insure the prudent and proper use of these lands.'' Section 721(a) of the code (relating to control of property) provides ''The administration of all lands and waters owned, leased or otherwise controlled by the commission shall be under the sole control of the Director, and the commission shall promulgate regulations . . . for its use and protection as necessary to properly manage these lands or waters.'' 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 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.'' The amendment to § 135.107 was adopted under this authority.
2. Regulatory Requirements
The final-form rulemaking will permit the Director to designate dates for deer hunting outside of the established seasons and bag limits in the Middle Creek Wildlife Management Area and will eliminates redundant language.
3. Persons Affected
Persons wishing to take part in any special game hunts that take place on controlled areas of the Middle Creek Wildlife Management Area may be affected by the final-form rulemaking.
4. Comment and Response Summary
There were no official comments received regarding this final-form rulemaking.
5. Cost and Paperwork Requirements
The final-form rulemaking should not result in additional cost or paperwork.
6. 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.
7. 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 135, are amended by amending § 135.107 to read as set forth at 35 Pa.B. 3229.
(b) The Executive Director of the Commission shall certify this order and 35 Pa.B. 3229 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 DirectorFiscal Note: Fiscal Note 48-210 remains valid for the final adoption of the subject regulation.
[Pa.B. Doc. No. 05-1587. Filed for public inspection August 26, 2005, 9:00 a.m.]
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