PROPOSED RULEMAKING
GAME COMMISSION
[58 PA. CODE CH. 137]
Wildlife
[35 Pa.B. 6106] To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its June 28, 2005, meeting, proposed to amend § 137.33 (relating to feeding of certain wildlife prohibited) to relocate the restriction on the feeding of elk outside of specified exceptions and to rescind § 137.32 (relating to feeding of elk prohibited) to eliminate duplication and redundancy of language in the regulations.
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 December 30, 2005, to the Director, Information and Education, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797.
1. Purpose and Authority
The Commission recently added § 137.33 to prohibit the feeding of bears outside of specified exceptions. This section was an addition to existing § 137.32, which prohibits the feeding of elk outside of specified exceptions. The Commission now recognizes the duplication and redundancy of maintaining both these provisions due to their similarity in language and restriction. Therefore, the Commission is proposing to combine these two provisions by rescinding § 137.32 and enlarging the scope of § 137.33 to include the elk feeding prohibition.
Section 103(a) of the code (relating to ownership, jurisdiction and control of game and wildlife) states that ''The ownership, jurisdiction over and control of game or wildlife is vested in the commission as an independent agency of the Commonwealth in its sovereign capacity to be controlled, regulated and disposed of in accordance with this chapter.'' 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, including regulations relating to the protection, preservation and management of game or wildlife . . . in this Commonwealth.'' The amendments to §§ 137.32 and 137.33 were proposed under this authority.
2. Regulatory Requirements
The proposed rulemaking will rescind § 137.32 and amend § 137.33 to incorporate the provisions currently in § 137.32, which restrict the feeding of elk outside of specified exceptions. This amendment is essentially a relocation or restructuring of existing regulatory language that does not add or expand any requirements.
3. Persons Affected
Persons living within areas where elk are located 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 DirectorFiscal Note: 48-213. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 58. RECREATION
PART III. GAME COMMISSION
CHAPTER 137. WILDLIFE § 137.32. [Feeding of elk prohibited] (Reserved).
[Except as otherwise provided in this part or the act, it is unlawful to intentionally lay or place any food, fruit, hay, grain, chemical, salt or other minerals anywhere in this Commonwealth for the purpose of feeding elk found in a wild state in this Commonwealth, or to intentionally lay or place any food, fruit, hay, grain, chemical, salt or other minerals to cause elk found in a wild state within this Commonwealth to congregate or habituate an area. In the event of prolonged periods of deep snow or other inclement weather conditions which may prevent elk found in a wild state within this Commonwealth from obtaining an adequate natural supply of food to sustain them, the Director may declare an emergency to allow for the artificial feeding of elk.]
§ 137.33. Feeding of certain wildlife prohibited.
It is unlawful to, except for normal or accepted farming, habitat management practices, oil and gas drilling, mining, forest management activities or other legitimate commercial or industrial practices, intentionally lay or place food, fruit, hay, grain, chemical, salt or other minerals anywhere in this Commonwealth for the purpose of feeding bear or elk, or to intentionally lay or place food, fruit, hay, grain, chemical, salt or other minerals that may cause bear or elk to congregate or habituate an area. If songbird feeders are being used by bears, the Commission may issue a written notice prohibiting the songbird feeding. In the event of prolonged periods of deep snow or other inclement weather conditions which may prevent elk found in a wild state within this Commonwealth from obtaining an adequate natural supply of food to sustain them, the Director may declare an emergency to allow for the artificial feeding of elk.
[Pa.B. Doc. No. 05-2020. Filed for public inspection November 4, 2005, 9:00 a.m.]
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