RULES AND REGULATIONS

GAME COMMISSION

[58 PA. CODE CH. 137]

Wildlife

[36 Pa.B. 2972]
[Saturday, June 17, 2006]

   To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its January 24, 2006, meeting, adopted an amendment to § 137.33 (relating to feeding of certain wildlife prohibited) and rescinded § 137.32 (relating to feeding of elk prohibited).

   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. 6106 (November 5, 2005).

1.  Purpose and Authority

   The Commission added § 137.33 to prohibit the feeding of bears outside of specified exceptions. This section was an addition to existing § 137.32, which already prohibited the feeding of elk outside of specified exceptions. The Commission recognized the duplication and redundancy of maintaining both of these sections due to their similarity in language and restriction. Therefore, the Commission rescinds § 137.32 and enlarges the scope of § 137.33 to include the elk feeding prohibition. As part of this final-form rulemaking, the Commission is eliminating the emergency elk feeding provision because it is no longer necessary.

   Section 103(a) of the code (relating to ownership, jurisdiction and control of game and wildlife) states that ''The ownership, jurisdiction over and control of game or wildlife is vested in the commission as an independent agency of the Commonwealth in its sovereign capacity to be controlled regulated and disposed of in accordance with this chapter.'' 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 . . . in this Commonwealth, including regulations relating to the protection, preservation and management of game or wildlife...in this Commonwealth.'' The rescission of § 137.32 and the amendment of § 137.33 was adopted under this authority.

2.  Regulatory Requirements

   The final-form rulemaking rescinds § 137.32 and amends § 137.33 to incorporate the provisions currently in § 137.32, which restrict the feeding of elk outside of specified exceptions. This final-form rulemaking is essentially a relocation or restructuring of existing regulatory language that does not add or expand any requirements. This final-form rulemaking will, however, eliminate the emergency elk feeding provision and restructure the public written notice provision to expand its coverage.

3.  Persons Affected

   Persons living within areas where elk are located may be affected by the final-form rulemaking.

4.  Comment and Response Summary

   There were no official comments received regarding this final-form rulemaking.

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 137, are amended by deleting § 137.32 to read as set forth at 35 Pa.B. 6106 and by amending § 137.33 to read as set forth in Annex A.

   (b)  The Executive Director of the Commission shall certify this order, Annex A and 35 Pa.B. 6106 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.

CARL G. ROE,   
Executive Director

   Fiscal Note: Fiscal Note 48-213 remains valid for the final adoption of the subject regulations.

Annex A

TITLE 58. RECREATION

PART III. GAME COMMISSION

CHAPTER 137. WILDLIFE

§ 137.33. Feeding of certain wildlife prohibited.

   It is unlawful to, except for normal or accepted farming, habitat management practices, oil and gas drilling, mining, forest management activities or other legitimate commercial or industrial practices, intentionally lay or place food, fruit, hay, grain, chemical, salt or other minerals anywhere in this Commonwealth for the purpose of feeding bear or elk, or to intentionally lay or place food, fruit, hay, grain, chemical, salt or other minerals that may cause bear or elk to congregate or habituate an area. If otherwise lawful feeding is attracting bear or elk, the Commission may provide written notice prohibiting the activity.

[Pa.B. Doc. No. 06-1065. Filed for public inspection June 16, 2006, 9:00 a.m.]

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