Pennsylvania Bulletin

PA Bulletin, Doc. No. 05-1593

PROPOSED RULEMAKING

[58 PA. CODE CH. 133]

Wildlife Classification

[35 Pa.B. 4831]

   To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its June 28, 2005, meeting, proposed to amend § 133.21 (relating to classification of birds).

   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 June 28, 2005, meeting of the Commission. Comments can be sent until September 30, 2005, to the Director, Information and Education, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797.

1.  Purpose and Authority

   To effectively protect and manage the wildlife resources of this Commonwealth, section 2167 of the code (relating to endangered or threatened species) empowers the Commission to make changes to the Pennsylvania list of native endangered and threatened species. Native birds and mammals determined by the Commission to be endangered or threatened are listed in Chapter 133 (relating to wildlife classification) last amended in February 1999. Commission staff has met with and received recommendations from the scientific technical committees of the Pennsylvania Biological Survey on species classification changes. No classifications were proposed for mammals, however, the Ornithological Technical Committee recommended several changes to the list of threatened and endangered birds that were supported by extensive documentation. The proposed changes to § 133.21 represent two additions to the endangered species list (blackpoll warbler and black-crowned night-heron), three changes from threatened to endangered (dickcissel, sedge wren and yellow-bellied flycatcher) and one change from endangered to threatened (bald eagle).

   Section 322(c)(8) of the code (relating to powers and duties of commission) specifically empowers the Commission to ''Add to or change the classification of any wild bird or wild animal.'' 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 . . . in this Commonwealth.'' The amendments to § 133.21 were proposed under this authority.

2.  Regulatory Requirements

   The proposed rulemaking will update the list of native endangered and threatened species in § 133.21 with current recommendations provided by scientific technical committees of the Pennsylvania Biological Survey.

3.  Persons Affected

   Persons wishing to hunt, trap or otherwise affect certain wildlife (or their habitat) within this Commonwealth may be affected by the proposed rulemaking.

4.  Cost and Paperwork Requirements

   The proposed rulemaking should not result in additional cost or paperwork.

5.  Effective Date

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

6.  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: 48-215. No fiscal impact; (8) recommends adoption.

Annex A

TITLE 58. RECREATION

PART III. GAME COMMISSION

CHAPTER 133. WILDLIFE CLASSIFICATION

Subchapter B. BIRDS

§ 133.21. Classification of birds.

   The following birds are classified:

   (1)  Endangered.

   (i)  [Bald Eagle (Haliaeetus leucocephalus)

   (ii)]  King Rail (Rallus elegans)

   [(iii)] (ii)  *  *  *

   [(iv)] (iii)  *  *  *

   [(v)] (iv)  *  *  *

   [(vi)] (v)  *  *  *

   [(vii)] (vi)  *  *  *

   [(viii)] (vii)  *  *  *

   [(ix)] (viii)  Great Egret ([Casmerodius ulbus] Ardea alba)

   [(x)] (ix)  *  *  *

   [(xi)] (x)  *  *  *

   (xi)  Blackpoll Warbler (Dendroica striata)

   (xii)  Black-crowned Night-Heron (Nycticorax nycti-corax)

   (xiii)  Dickcissel (Spiza americana)

   (xiv)  Sedge Wren (Cistothorus platensis)

   (xv)  Yellow-bellied Flycatcher (Empidonax flavi- ventris)

   (2)  Threatened.

*      *      *      *      *

   (ii)  [Dickcissel (Spiza americana)] Bald Eagle (Haliaeetus leucocephalus)

*      *      *      *      *

   [(iv)  Sedge Wren (Cistothorus platensis)

   (v)  Yellow-bellied Flycatcher (Empidonax flavi- ventris)]

[Pa.B. Doc. No. 05-1593. Filed for public inspection August 26, 2005, 9:00 a.m.]

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