RULES AND REGULATIONS
GAME COMMISSION
[58 PA. CODE CH. 141]
Hunting and Trapping; Hunting Hours
[37 Pa.B. 2957]
[Saturday, June 30, 2007]To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its April 18, 2007, meeting, adopted amendments to § 141.4 and Chapter 141, Appendix G (relating to hunting hours)
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 37 Pa.B. 1323 (March 24, 2007).
1. Purpose and Authority
In recent years there has been a growing interest among hunters to expand legal hunting hours to include the 1/2-hour period after sunset (also known as evening civil twilight). While the Commission is always looking for appropriate ways to increase hunting opportunity for sporting men and women, it recognizes its responsibility to do so with caution. The Commission is aware that permissive hunting occurring during the 1/2-hour period after sunset has the distinct possibility of causing confusion amongst hunters regarding differing closing times for certain wildlife, increasing the occurrence of wounding loss of game animals and, most importantly, increasing safety hazards associated with hunting activities due to rapidly decreasing levels of light during that time period. However, after review of available data regarding hunting hours in other states as well as safety statistics from within this Commonwealth, the Commission determined that the risks of an expansion are acceptable. Therefore, the Commission amended § 141.4 to expand legal hunting hours to include the 1/2-hour period after sunset for certain species.
It is important to note that as a result of this amendment, the Commission determined that the former table of hunting hours should be replaced with a sunrise/sunset table that will have cross application to the differing legal hunting hour periods of the various game species. Therefore, the Commission also amended Appendix G to replace the table of hunting hours with a sunrise/sunset table for the 2007-2008 license year.
Section 322(c)(1) of the code (relating to powers and duties of commission) specifically empowers the Commission to ''fix seasons, daily shooting or taking hours, and any modification thereof, and daily, season and possession limits for any species of game or wildlife.'' 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 Appendix G were adopted under this authority.
2. Regulatory Requirements
The final-form rulemaking amends § 141.4 and Appendix G to expand legal hunting hours to include the 1/2-hour period after sunset for certain species and also replaced the table of hunting hours with a sunrise/sunset table for the 2007-2008 license year.
3. Persons Affected
Persons wishing to hunt or trap within this Commonwealth will be affected by the final-form rulemaking.
4. Comment and Response Summary
The Commission received a total of 233 official written comments concerning this final-form rulemaking; 202 were in support and 31 were in opposition to the Commission's proposal to extend legal hunting hours.
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 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 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 141, are amended by amending § 141.4 and Appendix G to read as set forth at 37 Pa.B. 1323.
(b) The Executive Director of the Commission shall certify this order and 37 Pa.B. 1323 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 DirectorFiscal Note: Fiscal Note 48-246 remains valid for the final adoption of the subject regulations.
[Pa.B. Doc. No. 07-1142. Filed for public inspection June 29, 2007, 9:00 a.m.]
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