PROPOSED RULEMAKING
[58 PA. CODE CH. 141]
Hunting and Trapping; Waterfowl and Dove Hunting
[36 Pa.B. 22] To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its October 4, 2005, meeting, proposed to amend § 141.22 (relating to small game) to identify the inapplicability of the same to waterfowl or dove hunters when hunting from a blind or other stationary position.
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 October 4, 2005, meeting of the Commission. Comments can be sent, until January 20, 2005, to the Director, Information and Education, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797.
1. Purpose and Authority
The original intent of § 141.22(a)(5) was to limit to five persons the number of small game hunters who cooperate by lining up across a field and moving forward to flush game before the gun. The regulation was later amended to allow six persons in the hunting party. The regulation was never intended to prevent more than six persons from hunting together from a blind or from stationary positions where the hunters are not flushing game. Therefore, the Commission is proposing to amend § 141.22(a)(5) to identify the inapplicability of the same to waterfowl or dove hunters when hunting from a blind or other stationary position.
Section 322(c)(6) of the code (relating to powers and duties of commission) specifically empowers the Commission to ''Limit the number of hunters or furtakers in any designated area and prescribe the lawful methods of hunting or taking furbearers in these areas.'' 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 . . . in this Commonwealth, including regulations relating to . . . the ways, manner, methods and means of hunting . . . in this Commonwealth.'' The amendment to § 141.22 was proposed under this authority.
2. Regulatory Requirements
The proposed rulemaking will amend § 141.22 to identify the inapplicability of the same to waterfowl or dove hunters when hunting from a blind or other stationary position.
3. Persons Affected
Persons wishing to hunt waterfowl or dove from a blind or other stationary position will be affected by the proposed rulemaking.
4. Cost and Paperwork Requirements
The proposed rulemaking should not result in any 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: 48-219. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 58. RECREATION
PART III. GAME COMMISSION
CHAPTER 141. HUNTING AND TRAPPING
Subchapter B. SMALL GAME § 141.22. Small game.
(a) Unlawful acts. It is unlawful to:
* * * * * (4) Hunt in a party of more than six persons. This does not apply to waterfowl or dove hunters when hunting from a blind or other stationary positions.
[Pa.B. Doc. No. 06-12. Filed for public inspection January 6, 2006, 9:00 a.m.]
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