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PA Bulletin, Doc. No. 06-1067

RULES AND REGULATIONS

GAME COMMISSION

[58 PA. CODE CH. 141]

Hunting and Trapping; Artificial Lights

[36 Pa.B. 2974]
[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 § 141.7 (relating to use of artificial lights).

   The final-form rulemaking will have no adverse impact on the wildlife resources of this Commonwealth.

   The authority for the final-form rulemaking is 34 Pa.C.S. (relating to Game and Wildlife Code) (code).

   Notice of proposed rulemaking was published at 36 Pa.B. 20 (January 7, 2006).

1.  Purpose and Authority

   The Commission recognizes that recreational spotlighting can have substantial negative impacts on landowner, public and wildlife management concerns. In the past, by and through § 141.7, the Commission has consistently prohibited recreational spotlighting, but only during the 2-week concurrent antlered and antlerless deer rifle seasons. However, the former language of this section was inflexible and unable to adapt to the Commission's recent use of the extended regular firearms seasons in certain wildlife management units (WMU). Since the justifications for the recreational spotlighting prohibition are equally applicable to the extended firearms deer seasons, the Commission amended § 141.7 by extending the recreational spotlighting ban to all ''regular firearms deer seasons'' within each individual WMU. Section 139.2 (relating to definitions) defines ''regular firearms deer season'' as that ''designated period of time when deer may be hunted and taken by any person who possesses a General Hunting License or a General Hunting License and Antlerless License only.'' This expansion will have no effect on recreational spotlighting during the early archery, early muzzleloader or special firearms seasons of all WMUs. However, this expansion will impact recreational spotlighting during the late archery and (flintlock) muzzleloader seasons, but only in those WMUs when the regular firearms deer season extends into and runs concurrent with the late archery and (flintlock) muzzleloader seasons.

   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 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 . . . wildlife in this Commonwealth.'' The amendment of § 141.7 was adopted under this authority.

2.  Regulatory Requirements

   The final-form rulemaking amends § 141.7 to extend the recreational spotlighting ban to all regular firearms deer seasons within each individual management unit.

3.  Persons Affected

   Persons wishing to engage in recreational spotlighting within any WMU having an extended regular firearms deer season will 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 amendment 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 amendment 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 141, are amended by amending § 141.7 to read as set forth at 36 Pa.B. 20.

   (b)  The Executive Director of the Commission shall certify this order and 36 Pa.B. 20 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 48-220 remains valid for the final adoption of the subject regulation.

[Pa.B. Doc. No. 06-1067. Filed for public inspection June 16, 2006, 9:00 a.m.]


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