PROPOSED RULEMAKING

[ 58 PA. CODE CH. 139 ]

Seasons and Bag Limits

[38 Pa.B. 1597]
[Saturday, April 5, 2008]

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

   Amend § 139.17 (relating to wildlife management units) to provide updated wildlife management unit (WMU) boundaries.

   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 29, 2008, 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 18, 2008.

1.  Purpose and Authority

   A uniform system of WMUs was implemented in 2003 to replace the system of multiple, species-specific management units. The primary objective of this new WMU system was to develop and implement wildlife management decisions on a system of more homogenous units based on physiographic, land cover and use, human population density and land ownership. WMU boundaries were defined using readily recognizable features on the landscape rather than hard to identify political boundaries. At the time of the approval of new WMU system it was agreed to evaluate the structure of the units after 5 years. The 2007-2008 seasons will mark the 5th year, therefore the Commission reviewed staff input and developed the following limited WMU map revisions: 1) Clarify the boundary line between WMUs 2C and 2E near Ebensburg to reduce confusion; 2) Correct the boundary line between WMUs 4B and 4D to accommodate new highway construction on United States Traffic Route 22 near Lewistown; 3) Relocate the boundary line between WMUs 3B and 3C between Towanda and Tunkhannock from United States Traffic Route 6 to the Susquehanna River to increase hunter access and reduce property fragmentation; and 4) Expand WMU 5C to include the Cities of Reading and Allentown to accommodate continuing increases in human populations in southeast Pennsylvania, thus affecting boundary lines with WMUs 5B, 4C and 3D. These proposed changes to WMU boundary lines will have minimal impact on wildlife databases. Therefore, the Commission is proposing to amend § 139.17 to provide updated wildlife WMU boundaries.

   Section 322(c)(4) of the code (relating to powers and duties of the commission) specifically authorizes the Commission to ''Define geographic limitations or restrictions.'' 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 § 139.17 was proposed pursuant to this authority.

2.  Regulatory Requirements

   The proposed rulemaking will amend § 139.17 to provide updated WMUs.

3.  Persons Affected

   Persons wishing to hunt or trap game or wildlife within this Commonwealth 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 R. Palmer, Director, Bureau of Wildlife Protection, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717) 783-6526.

CARL G. ROE,   
Executive Director

   Fiscal Note:  48-263. No fiscal impact; (8) recommends adoption.

Annex A

TITLE 58. RECREATION

PART III. GAME COMMISSION

CHAPTER 139. SEASONS AND BAG LIMITS

§ 139.17. Wildlife management units.

*      *      *      *      *

   (b)  The outline map of Pennsylvania found in Appendix H sets forth wildlife management units.

   (Editor's Note:  The Commission is proposing to delete the map which appears in 58 Pa. Code page 141.28, serial page (328430) and replace it with the following map.)

 

 

[Pa.B. Doc. No. 08-628. Filed for public inspection April 4, 2008, 9:00 a.m.]

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