PROPOSED RULEMAKING
[58 PA. CODE CH. 141]
Hunting and Trapping
[36 Pa.B. 19] To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its October 4, 2005, meeting, proposed to rescind §§ 141.25--141.27 (relating to early goose hunting season; early Canada goose hunting season on Middle Creek Wildlife Management Area; and early Canada goose hunting season on Pymatuning Wildlife Management Area) to eliminate redundant and unnecessary language.
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
Section 139.4 (relating to season and bag limits for the license year) states that ''Except as further restricted by this chapter, the seasons, bag limits, hunting hours and hunting regulations for migratory game birds shall conform to regulations adopted by the United States Secretary of the Interior under the authority of the Migratory Bird Treaty Act (16 U.S.C. §§ 703--711) as published in the Federal Register. . . .'' Since the early goose seasons, including hunting zone definitions, are presently published and adopted each year by the United States Secretary of the Interior in the manner previously described, §§ 141.25, 141.26 and 141.27 are currently redundant and unnecessary. Therefore, the Commission is proposing to eliminate §§ 141.25, 141.26 and 141.27.
Section 2102(b)(1) of the code (relating to regulations) authorizes the Commission to ''promulgate regulations relating to seasons and bag limits for hunting or furtaking, the possession of certain species or parts thereof, the number and types of devices and equipment allowed, the identification of devices and the use and possession of devices.'' 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 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.'' Sections 141.25, 141.26 and 141.27 are proposed to be rescinded under this authority.
2. Regulatory Requirements
The proposed rulemaking will rescind §§ 141.25, 141.26 and 141.27 to remove redundant and unnecessary language.
3. Persons Affected
Persons wishing to hunt migratory birds 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: 48-226. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 58. RECREATION
PART III. GAME COMMISSION
CHAPTER 141. HUNTING AND TRAPPING
Subchapter B. SMALL GAME § 141.25. [Early goose hunting season] (Reserved).
[(a) Early season and description.
(1) Subject to approval of the United States Fish and Wildlife Service, there will be an early Canada goose hunting season starting on September 1 (except when Sunday, then September 2), and ending on September 25 (except when Sunday, then September 24) Statewide.
(2) Geese may not be taken in that portion of Crawford County which is in the area south of S.R. 198 from the Ohio line to the intersection of S.R. 18, to the intersection of U.S. Route 322/S.R. 18, to the intersection of S.R. 3013, south to the Crawford/Mercer County line.
(3) Bag limit. There is a daily bag limit of five and a possession limit of ten geese with the exception of the closed area in Crawford County and Middle Creek Wildlife Management Area.
(b) Shooting hours. Shooting hours for goose hunting during the early goose hunting season is 1/2 hour before sunrise to sunset.
(c) Unlawful acts. It is unlawful to hunt Canada geese during the early goose hunting season inside the boundaries of the closed areas.]
§ 141.26. [Early Canada goose hunting season on Middle Creek Wildlife Management Area] (Reserved).
[During an early Canada goose season, the following apply:
(1) Opening of controlled hunting area. In years when the United States Fish and Wildlife Service authorizes a regular fall Canada goose hunting season, and an early Canada goose hunting season, the Director may open the controlled hunting area at Middle Creek Wildlife Management Area for early Canada goose hunting.
(2) Registration for Middle Creek controlled goose hunting area, early season and description.
(i) Section 135.103 (relating to registration for controlled goose hunting areas) applies.
(ii) The restrictions as defined in § 135.104 (relating to restrictions on controlled goose hunting areas) apply.
(3) Bag limits. The bag limit in the controlled area of Middle Creek Wildlife Management Area is one goose.]
§ 141.27. [Early Canada goose hunting season on Pymatuning Wildlife Management Area] (Reserved).
[In lieu of fall season, the following apply:
(1) Opening of controlled hunting areas. In years when the United States Fish and Wildlife Service does not authorize a regular fall Canada goose hunting season, but does authorize an early Canada goose hunting season, the Director may open the controlled hunting area at Pymatuning Wildlife Management Area for Canada goose hunting. When the controlled hunting area is open during an early Canada goose hunting season, the closed areas in Crawford County, as defined in § 141.25(a)(2) (relating to early and late goose hunting seasons) do not apply.
(2) Registration for Pymatuning controlled goose hunting area, early season and restrictions.
(i) Section 135.103 (relating to registration for controlled goose hunting areas) applies, except that applications will be accepted through the second Saturday in August and a public drawing will be held at the registration center at 10:00 a.m. on the second Saturday in August.
(ii) The restrictions as defined in § 135.104 (relating to restrictions on controlled goose hunting areas) apply.
(3) Bag limits. The bag limit in the controlled area of Pymatuning Wildlife Management Area is one goose.]
[Pa.B. Doc. No. 06-8. Filed for public inspection January 6, 2006, 9:00 a.m.]
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