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PA Bulletin, Doc. No. 08-1190

RULES AND REGULATIONS

GAME COMMISSION

[ 58 PA. CODE CHS. 141 AND 143 ]

Hunting and Trapping and Hunting and Furtaker Licenses

[38 Pa.B. 3489]
[Saturday, June 28, 2008]

   To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its April 22, 2008, meeting, adopted the following rulemaking:

   Amend §§ 141.48, 143.206 and 147.207 (relating to elk hunt zones; validity of license and unlawful acts) to redesignate ''elk management areas/units'' as ''elk hunt zones'' and § 143.203 (relating to drawing).

   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 38 Pa.B. 1482 (March 29, 2008).

1.  Purpose and Authority

   The Commission recently redesignated all the ''elk management areas/units'' found within this Commonwealth's Northcentral region as ''elk hunt zones.'' This redesignation is reflected in the Commission's elk management plan as well as the Hunting and Trapping Digest, however, this change is not properly reflected in current regulations. Therefore, in an effort to correct this lack of consistency, the Commission amended §§ 141.48, 143.206 and 143.207 by redesignating ''elk management areas/units'' as ''elk hunt zones.''

   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 amendments of §§ 141.48, 143.206 and 143.207 were adopted under this authority.

2.  Regulatory Requirements

   The final-form rulemaking will amend §§ 141.48, 143.206 and 143.207 to redesignate ''elk management areas/units'' as ''elk hunt zones.''

3.  Persons Affected

   Persons wishing to hunt elk within this Commonwealth 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 any additional cost or paperwork.

6.  Effective Date

   The final-form rulemaking will be effective upon final-form 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 amendments 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 these 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 Chapters 141 and 143, are amended by amending §§ 141.48, 143.203, 143.206 and 143.207 to read as set forth at 38 Pa.B. 1482.

   (b)  The Executive Director of the Commission shall certify this order and 38 Pa.B. 1482 and deposit them with the Legislative Reference Bureau as required by law.

   (c)  This order shall became effective upon final-form publication in the Pennsylvania Bulletin.

CARL G. ROE,   
Executive Director

   Fiscal Note: Fiscal Note 48-264 remains valid for the final adoption of the subject regulations.

[Pa.B. Doc. No. 08-1190. Filed for public inspection June 27, 2008, 9:00 a.m.]


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