PROPOSED RULEMAKING
[58 PA. CODE CH. 137]
Wildlife; Release of Animals
[37 Pa.B. 1333]
[Saturday, March 24, 2007]To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its January 23, 2007, meeting, proposed to amend § 137.2 (relating to release of animals).
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 23, 2007, meeting of the Commission. Comments can be sent to the Director, Information and Education, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, until April 13, 2007.
1. Purpose and Authority
Wild boar, Russian boar or feral hog all refer to a breed of pigs that are believed to have been brought into this Commonwealth by hunting preserves. Many of these feral hogs have either escaped or been intentionally released into the wild and evidence suggests they are successfully reproducing. The Commission's participation in the Commonwealth's Invasive Species Council has resulted in a collaborative determination that feral hogs are an invasive species that must be eliminated and kept out of the wild. Feral hogs are known to pose a number of threats to the health, safety and welfare of wildlife, wildlife habitat, private property, humans and this Commonwealth's agricultural industry. The Commission is currently taking a number of steps to help combat this growing problem but it recognizes that eliminating feral hogs from the wild cannot be successful if their continued release into the wild is not restricted. Therefore, the Commission is proposing to amend § 137.2 to prohibit the release of members of the porcine family into the wild.
Section 322(c)(9) of the code (relating to powers and duties of commission) specifically empowers the Commission to ''Prohibit the possession, importation, exportation or release of any species of birds or animals which may be considered dangerous or injurious to the general public or to the wildlife of this Commonwealth.'' 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 amendment to § 137.2 was proposed under this authority.
2. Regulatory Requirements
The proposed rulemaking will amend § 137.2 to prohibit the release of members of the porcine family into the wild.
3. Persons Affected
Persons who release members of the porcine family into the wild will 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 Richard A. Palmer, Acting Director, Bureau of Wildlife Protection, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717) 783-6526.
CARL G. ROE,
Executive DirectorFiscal Note: 48-250. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 58. RECREATION
PART III. GAME COMMISSION
CHAPTER 137. WILDLIFE § 137.2. Release of animals.
(a) Except as otherwise provided, it is unlawful to release captive held or captive raised game or wildlife on to any lands, public or private, without first securing a permit from the Commission. Lawfully acquired mallard ducks, ringneck pheasant, bobwhite quail and chukar partridge may be released for dog training or hunting purposes.
(b) It is unlawful to release any domestic or feral hogs in to the wild. Domestic or feral hogs include any animals from the porcine family.
(c) A person violating this section is subject to the penalties provided in the act.
[Pa.B. Doc. No. 07-500. Filed for public inspection March 23, 2007, 9:00 a.m.]
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