PROPOSED RULEMAKING
[58 PA. CODE CH. 147]
Special Permits; Falconry Permits
[36 Pa.B. 26] To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its October 4, 2005, meeting, proposed to amend §§ 147.102 and 147.109 (relating to examination and fees; and restrictions on taking raptors).
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 Commission recently consulted with the Pennsylvania Falconry and Hawk Trust regarding the relaxation of current time limitations restricting falconry permit applicants. Currently, § 147.102 states that examinations for falconry permits will be provided only during the month of May each year. Also, § 147.109 states that applications for nonresident falconry permits may be submitted between January 1 and February 28 annually. To provide more opportunities to falconry permit applicants, the Commission is proposing to amend § 147.102 to expand the falconry permit examination period to January 1 through June 30 annually and § 147.109 to expand the nonresident application period to January 1 through August 15 annually.
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.'' The amendments to §§ 147.102 and 147.109 were proposed under this authority.
2. Regulatory Requirements
The proposed rulemaking will amend § 147.102 to expand the falconry permit examination period to January 1 through June 30 annually and § 147.109 to expand the nonresident application period to January 1 through August 15 annually.
3. Persons Affected
Persons wishing to apply for a falconry permit in this Commonwealth 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: 48-223. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 58. RECREATION
PART III. GAME COMMISSION
CHAPTER 147. SPECIAL PERMITS
Subchapter F. FALCONRY § 147.102. Examination and fees.
(a) New falconers shall begin at the apprentice class and are required to pass a supervised examination with a grade of 80%. Falconry examinations will be provided or approved by the United States Fish and Wildlife Service. Examinations will be given [in May] from January 1 to June 30 of each year at each regional headquarters building. The examination may relate to basic biology, care and handling of raptors, literature, regulations and other appropriate subject matter.
* * * * * § 147.109. Restrictions on taking raptors.
* * * * * (b) Taking restrictions for nonresidents are as follows:
* * * * * (4) Applications may only be submitted between January 1 and [February 28] August 15 annually.
* * * * *
[Pa.B. Doc. No. 06-15. Filed for public inspection January 6, 2006, 9:00 a.m.]
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