RULES AND REGULATIONS
GAME COMMISSION
[58 PA. CODE CH. 141]
Hunting and Trapping; Protective Material
[37 Pa.B. 2958]
[Saturday, June 30, 2007]To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its April 18, 2007, meeting, adopted an amendment to § 141.20 (relating to protective material required).
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. 1324 (March 24, 2007).
1. Purpose and Authority
The Commission received a number of calls from hunters regarding protective material requirements for hunters hunting from artificial or manufactured blinds during the deer, elk or bear seasons. These hunters identified a conceptual conflict in requiring hunters to wear protective material inside a blind where its visual effectiveness is severely diminished. These hunters have requested the ability to post protective material outside the blind, where it is more readily observable, instead of wearing the required amount of protective material on their person in the blind. Since the posting of protective material outside of an artificial or manmade blind that conceals movement from within is undeniably more consistent with the safety interests involved, the Commission determined that permitting hunters to post a minimum of 100 square inches of protective material within 15 feet from the blind in a manner that it is visible in a 360° arc is acceptable. Therefore, the Commission amended § 141.20 to permit the posting of 100 square inches of daylight fluorescent orange-colored material within 15 feet of a blind meeting the requirements in section 2308(b)(3) of the code (relating to unlawful devices and methods) instead of wearing the required 250 square inches of daylight fluorescent orange-colored material on the head, chest and back combined.
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 § 141.20 was adopted under this authority.
2. Regulatory Requirements
The final-form rulemaking amends § 141.20 to permit the posting of 100 square inches of daylight fluorescent orange-colored material within 15 feet of a blind meeting the requirements in section 2308(b)(3) of the code instead of wearing the required 250 square inches of daylight fluorescent orange-colored material on the head, chest and back combined.
3. Persons Affected
Persons wishing to hunt deer, elk or bear from a blind meeting the requirements in section 2308(b)(3) of the code 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 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 § 141.20 to read as set forth at 37 Pa.B. 1324.
(b) The Executive Director of the Commission shall certify this order and 37 Pa.B. 1324 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 48-248 remains valid for the final adoption of the subject regulation.
[Pa.B. Doc. No. 07-1143. Filed for public inspection June 29, 2007, 9:00 a.m.]
No part of the information on this site may be reproduced for profit or sold for profit.This material has been drawn directly from the official Pennsylvania Bulletin full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.
