RULES AND REGULATIONS
GAME COMMISSION
[58 PA. CODE CH. 137]
Wildlife
[35 Pa.B. 6535] To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its October 4, 2005, meeting, adopted § 137.34 (relating to Chronic Wasting Disease and emergency authority of Director).
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. 4829 (August 27, 2005).
1. Purpose and Authority
In light of the recent outbreaks of Chronic Wasting Disease (CWD) only short distances from this Commonwealth's borders in the states of New York and West Virginia, the Commission has been aggressively developing an updated CWD response plan to help prevent the entry of CWD into this Commonwealth or slow and restrict the spread of CWD if an outbreak occurs within this Commonwealth. As an important step to preventing or slowing the spread of CWD in this Commonwealth, the Commission has added § 137.34 to give the Director emergency authority to remove protection on cervids, order the disposal of cervids or their parts in designated areas, prohibit the removal of the carcasses or certain parts of cervids from designated areas, prohibit the possession or transportation of live cervids from designated areas, prohibit the importation of cervids parts from endemic states or nations and also prohibit the feeding of cervids if the spread of CWD poses a threat to human safety, farm animals, pets or other wildlife within or adjacent to this Commonwealth. This expanded authority is necessary to more effectively respond to potential outbreaks of CWD, a transmissible disease.
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 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)(9) of the code specifically empowers the Commission to ''Prohibit the possession, importation, exportation or release of any species of birds or animals which may be considered dangerous or injurious to the general public or to the wildlife of this Commonwealth.'' 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 . . . in this Commonwealth.'' The addition of § 137.34 was adopted under this authority.
2. Regulatory Requirements
The final-form rulemaking adds § 137.34 to give the Director emergency authority to remove protection on cervids, order the disposal of cervids or their parts in designated areas, prohibit the removal of the carcasses or parts of cervids from designated areas, prohibit the possession or transportation of live cervids from designated areas, prohibit the importation of cervids parts from endemic states or nations and also prohibit the feeding of cervids if the spread of CWD poses a threat to human safety, farm animals, pets or other wildlife within or adjacent to this Commonwealth.
3. Persons Affected
Persons wishing to hunt or trap, possess or transport live cervids, remove the carcasses or parts of cervids, import cervids parts or feed cervids in designated areas within this Commonwealth when the spread of CWD poses a threat to human safety, farm animals, pets or other wildlife within or adjacent to this Commonwealth may be affected by the final-form rulemaking.
4. Comment and Response Summary
The Commission received only one written comment regarding the final-form rulemaking. This single comment was in support of the Commission's effort to create emergency regulatory authority to protect this Commonwealth from CWD.
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 regulation 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 regulation 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 137, are amended by adding § 137.34 to read as set forth in Annex A.
(b) The Executive Director of the Commission shall certify this order and Annex A 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 48-212 remains valid for the final adoption of the subject regulation.
Annex A
TITLE 58. RECREATION
PART III. GAME COMMISSION
CHAPTER 137. WILDLIFE § 137.34. Chronic Wasting Disease and emergency authority of Director.
(a) The Director has emergency authority to remove protection on cervids, prohibit any new permits to possess live cervids in containment areas, and order the disposal of certain cervids or their parts in containment areas, if the Director determines the spread of Chronic Wasting Disease (CWD) poses a threat to human safety, farm animals, pets or other cervids within or adjacent to this Commonwealth in accordance with the CWD response plan.
(1) If the Director removes the protection on cervids in containment areas, except for animals or their parts submitted for laboratory analysis, it is unlawful to:
(i) Remove any cervid carcasses or certain parts from the containment areas.
(ii) Possess or transport any live cervids contrary to 3 Pa.C.S. Chapter 23, Subchapter C (relating to detection, containment or eradication of certain diseases) within the containment areas.
(2) Nothing in this subsection prevents removal of dried or cured skins of cervids from the areas where the protection has been removed, only if removal poses no threat to other areas of this Commonwealth.
(b) The Director has emergency authority to control the spread of CWD by banning the importation of certain cervid parts from other states or nations.
(c) The Director has emergency authority to ban the feeding of cervids within the containment area to prevent the congregation or habituation to an area by cervids that could spread CWD.
[Pa.B. Doc. No. 05-2206. Filed for public inspection December 2, 2005, 9:00 a.m.]
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