RULES AND REGULATIONS
GAME COMMISSION
[58 PA. CODE CH. 141]
Hunting and Trapping
[35 Pa.B. 6537] To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its October 4, 2005, meeting, adopted an amendment to § 141.22 (relating to small game) and added § 141.67 (relating to furbearer hunting) to remove regulatory language regarding furbearer hunting from Subchapter B (relating to small game) and relocating this language to the more appropriate Subchapter D (relating to furbearers) and also expand this language to permit the use of shot up to #4 buckshot for furbearer hunting with shotguns.
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
Formerly, § 141.22 limited the use of shot size for furbearer hunting to shot size no larger than BB lead, size BB Bismuth/tin or size T steel. A number of predator hunters requested that the Commission expand this limiting language to permit the use of shot size no larger than #4 buckshot for furbearer hunting to increase their effectiveness and efficiency while hunting furbearers with shotguns. After consideration of relevant safety and furbearer management issues/concerns, the Commission determined that it is appropriate to accommodate the request of the predator hunters. However, the Commission has also determined that the regulatory language regarding furbearer hunting in § 141.22 would be more appropriately located in another section. The Commission is therefore deleting and relocating this regulatory language, as amended, from § 141.22 to § 141.67 in the reclassified ''Furbearers'' subchapter.
Section 2102(d) of the code (relating to regulations) authorizes the Commission to ''promulgate regulations stipulating . . . the type of firearms and ammunition and other devices which may be used, the manner in which and the location where the devices may be used, the species the devices may be used for and the season when the devices may be used.'' Section 2102(a) of the code 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 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 § 141.22 and the addition of § 141.67 were adopted under this authority.
2. Regulatory Requirements
The final-form rulemaking amends § 141.22 by deleting and relocating the regulatory language regarding furbearer hunting to § 141.67 and also expanding this language to permit the use of shot size up to #4 buckshot for furbearer hunting with shotguns.
3. Persons Affected
Persons wishing to hunt furbearers within this Commonwealth with a shotgun will be affected by the final-form rulemaking.
4. Comment and Response Summary
The Commission received only two written comments pertaining to the final-form rulemaking. Both comments were in support of the Commission's effort to permit the use of #4 buckshot for furbearer hunting with shotguns.
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 amendments 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 amendments 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 141, are amended by amending § 141.22 and by adding § 141.67 to read as set forth at 35 Pa.B. 4829.
(b) The Executive Director of the Commission shall certify this order and 35 Pa.B. 4829 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 48-214 remains valid for the final adoption of the subject regulations.
[Pa.B. Doc. No. 05-2207. Filed for public inspection December 2, 2005, 9:00 a.m.]
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