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PA Bulletin, Doc. No. 07-487

RULES AND REGULATIONS

GAME COMMISSION

[58 PA. CODE CHS. 137 AND 147]

Wildlife; Special Permits

[37 Pa.B. 1310]
[Saturday, March 24, 2007]

   To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its January 23, 2007, meeting, adopted amendments to §§ 137.1 and 147.203 (relating to importation, sale and release of certain wildlife; and pens, shelters and enclosures).

   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. 7870 (December 23, 2006).

1.  Purpose and Authority

   On June 29, 2006, the Governor signed into law the act of June 29, 2006 (P. L. 206, No. 51), which effectively transferred regulatory authority over cervidae propagation activities from the Commission to the Department of Agriculture as of June 29, 2006. Therefore, in an effort to complete this transition, the Commission amended §§ 137.1 and 147.203 to eliminate the remaining regulatory language concerning cervidae livestock activities no longer regulated by the Commission.

   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.'' 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 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 amendments to §§ 137.1 and 147.203 were adopted under this authority.

2.  Regulatory Requirements

   The final-form rulemaking amends §§ 137.1 and 147.203 to eliminate the remaining regulatory language concerning those cervidae livestock activities no longer regulated by the Commission.

3.  Persons Affected

   Persons wishing to engage in cervidae livestock activities within this Commonwealth 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 Richard A. Palmer, Acting Director, Bureau of Wildlife Protection, 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 Chapters 137 and 147, are amended by amending §§ 137.1 and 147.203 to read as set forth at 36 Pa.B. 7870.

   (b)  The Executive Director of the Commission shall certify this order and 36 Pa.B. 7870 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 48-239 remains valid for the final adoption of the subject regulations.

[Pa.B. Doc. No. 07-487. Filed for public inspection March 23, 2007, 9:00 a.m.]


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