RULES AND REGULATIONS
GAME COMMISSION
[58 PA. CODE CH. 147]
Special Permits
[35 Pa.B. 6240] To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its October 4, 2005, meeting, adopted an amendment to § 147.122 (relating to application) to increase the examination fee for the taxidermy permit.
The final-form rulemaking will have no adverse impact on the wildlife resources of this Commonwealth.
The authority for the final rulemaking is 34 Pa.C.S. (relating to Game and Wildlife Code) (code).
Notice of proposed rulemaking was published at 35 Pa.B. 3550 (June 25, 2005).
1. Purpose and Authority
The cost of providing the taxidermy examination to applicants currently exceeds the revenue generated by the existing fee charged to take the examination. The Commission amended § 147.122 to allow the Commission to recover its expenses by increasing the taxidermy examination fee from $50 to $300.
Section 2901(b) of the code (relating to authority to issue permits) provides ''the commission may, as deemed necessary to properly manage the game or wildlife resources, promulgate regulations for the issuance of any permit and promulgate regulations to control the activities which may be performed under authority of any permit issued.'' 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 § 147.122 was adopted under this authority.
2. Regulatory Requirements
The final-form rulemaking amends § 147.122 by increasing the taxidermy examination fee from $50 to $300.
3. Persons Affected
Persons wishing to apply for a taxidermy permit from the Commission will 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 for the Commission.
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 147, are amended by amending § 147.122 to read as set forth at 35 Pa.B. 3550.
(b) The Executive Director of the Commission shall certify this order and 35 Pa.B. 3550 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 48-209 remains valid for the final adoption of the subject regulation.
[Pa.B. Doc. No. 05-2083. Filed for public inspection November 11, 2005, 9:00 a.m.]
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