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PA Bulletin, Doc. No. 08-569

RULES AND REGULATIONS

GAME COMMISSION

[58 PA. CODE CH. 141]

Hunting and Trapping

[38 Pa.B. 1471]
[Saturday, March 29, 2008]

   To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its January 29, 2008, meeting, adopted the following rulemaking:

   Amend § 141.20 (relating to protected material required) to eliminate the protective material requirement for the spring turkey season.

   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. 6750 (December 22, 2007).

1.  Purpose and Authority

   Various hunters and sporting organizations recently requested a review or reconsideration of the former regulatory mandate that turkey hunters wear at least 100 square inches of solid fluorescent orange-colored material on the head while moving about or relocating during the spring turkey season. Safety of hunters afield is without a doubt one of the paramount concerns of the Commission, especially as it relates to hunters shooting other hunters in mistake for game. However, notwithstanding anecdotal indications that the protective material requirement does in fact prevent some accidents, the available statistical data relating to hunting related shooting incidents (HRSI's) during the spring turkey season is devoid of clear evidence that the protective material requirement has made any appreciable reduction in the occurrence of HRSI's since its inception. Therefore, after thorough discussion and review, the Commission amended § 141.20 to eliminate the protective material requirement for the spring turkey season. Despite this amendment, the Commission will remain attentive to the affect the removal has on the occurrence of HRSI's and strongly recommends that hunters continue to wear fluorescent orange during the spring turkey season.

   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 amended § 141.20 to eliminate the protective material requirement for the spring turkey season.

3.  Persons Affected

   Persons wishing to hunt turkey during the spring turkey season within this Commonwealth will be affected by the final-form rulemaking.

4.  Comment and Response Summary

   The Commission received 76 comments regarding this final-form rulemaking. Out of this total, 70 were in support and 6 were in opposition to the Commission's proposal to eliminate the protective material requirement for the spring turkey season.

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 R. Palmer, 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 this 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, order 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. 6750.

   (b)  The Executive Director shall certify this order and 37 Pa.B. 6750 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 48-256 remains valid for the final adoption of the subject regulation.

[Pa.B. Doc. No. 08-569. Filed for public inspection March 28, 2008, 9:00 a.m.]


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