PROPOSED RULEMAKING
GAME COMMISSION
[58 PA. CODE CH. 141]
Hunting and Trapping; Electronic Devices for Dogs
[36 Pa.B. 1400] To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its January 24, 2006, meeting, proposed to amend § 141.18 (relating to permitted devices).
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 January 24, 2006, meeting of the Commission. Comments can be sent, until April 14, 2006, to the Director, Information and Education, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797.
1. Purpose and Authority
The Commission has recently received a number of requests from various persons who use dogs to hunt a variety of game species to amend existing regulations to specifically permit the use of electronic devices used for the purpose of locating dogs while hunting or training. The devices specifically requested for permitted use are e-collars, radio-telemetry tracking systems and beeper collars. The requests have resulted from fears that strict interpretation of the provisions prohibiting use of electronic devices to hunt or take wildlife could put persons who use electronic devices to locate their dogs while hunting or training at risk of being found in violation.
From a fundamental perspective, the Commission accepts the use of electronic devices to locate dogs while hunting or training just as much as it currently accepts the use of electronic devices to locate fellow hunters (that is, two-way radios, cell phones, and the like). Use of electronic devices in this manner does not give a hunter an unfair advantage over game or violate principles of fair chase. However, the Commission is concerned that the specific permitted use of these types of electronic devices intended to locate dogs while hunting or training will encourage hunters to misuse these devices to also locate game. Despite this concern, after consideration of the relevant issues, the Commission believes that it is appropriate to accommodate the these requests. Therefore, the Commission is proposing to amend § 141.18 to specifically permit the use of electronic devices used for locating dogs while hunting or training, including devices such as e-collars, radio-telemetry dog tracking systems and beeper collars.
Section 322(c)(5) of the code (relating to powers and duties of commission) specifically empowers the Commission to ''Fix the type and number of devices which may be used to take game or wildlife.'' Section 2102(b)(1) of the code (relating to regulations) authorizes the commission to ''promulgate regulations relating to . . . 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.'' The amendment to § 141.18 was proposed under this authority.
2. Regulatory Requirements
The proposed rulemaking will amend § 141.18 to specifically permit the use of electronic devices used for locating dogs while hunting or training, including devices such as e-collars, radio-telemetry dog tracking systems and beeper collars.
3. Persons Affected
Persons wishing to use electronic devices to locate dogs while hunting or training 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.
CARL G. ROE,
Executive DirectorFiscal Note: 48-228. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 58. RECREATION
PART III. GAME COMMISSION
CHAPTER 141. HUNTING AND TRAPPING
Subchapter A. GENERAL § 141.18. Permitted devices.
The following devices may be used to hunt or take wildlife:
* * * * * (3) Electronic devices used for locating dogs while training or hunting, including devices such as e-collars, radio-telemetry dog tracking systems and beeper collars.
[Pa.B. Doc. No. 06-486. Filed for public inspection March 24, 2006, 9:00 a.m.]
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