RULES AND REGULATIONS

GAME COMMISSION

[ 58 PA. CODE CH. 137 ]

Wildlife

[38 Pa.B. 3499]
[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 § 137.1 (relating to importation, possession, sale and release of certain wildlife) to require propagation, exotic wildlife dealer and exotic wildlife possession permitholders to acquire an importation permit prior to importing any wildlife into this Commonwealth and to prohibit the importation, possession, sale and release of all nonhuman primates within this Commonwealth.

   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. 1484 (March 29, 2008).

1.  Purpose and Authority

   Currently, § 137.1 requires a person importing lawfully acquired wildlife, or parts thereof, for menagerie, educational or scientific purposes to obtain an importation permit, but does not require an importation permit for exotic wildlife dealer or exotic wildlife possession permit- holders. In an effort to create consistency in the regulations and increase the Commission's capabilities to address wildlife epidemiological concerns, the Commission is proposing to amend § 137.1 to specifically require propagation, exotic wildlife dealer and exotic wildlife possession permitholders to acquire an importation permit prior to importing any wildlife into this Commonwealth. The Commission is also proposing to prohibit the importation, possession, sale and release of all nonhuman primates within this Commonwealth in response to human health/safety and wildlife habitat health purposes.

   Section 2901(b) of the code (relating to authority to issue permits) provides that ''the commission may, as deemed necessary to properly manage the game or wildlife resources, promulgate regulations for the issuance of any permit and promulgate regulations to control the activities which may be performed under authority of any permit issued.'' Section 2102(a) of the code (relating to regulations) provides that ''The commission shall promulgate such regulations as it deems necessary and appropri-ate 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 of § 137.1 was adopted under this authority.

2.  Regulatory Requirements

   The final-form rulemaking will amend § 137.1 to require propagation, exotic wildlife dealer and exotic wildlife possession permitholders to acquire an importation permit prior to importing any wildlife into this Commonwealth and to prohibit the importation, possession, sale and release of all nonhuman primates within this Commonwealth.

3.  Persons Affected

   Persons wishing to import, possess, sell or release exotic or nonindigenous wildlife, including nonhuman primates, within this Commonwealth will be affected by the final-form rulemaking.

4.  Comment and Response Summary

   The Commission received one comment respecting this final-form rulemaking in support of prohibiting the importation, possession, sale or release of any nonhuman primates within this Commonwealth.

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 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, orders that:

   (a)  The regulations of the Commission, 58 Pa. Code Chapter 137, are amended by amending § 137.1 to read as set forth at 38 Pa.B. 1484.

   (b)  The Executive Director of the Commission shall certify this order and 38 Pa.B. 1484 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 48-267 remains valid for the final adoption of the subject regulation.

[Pa.B. Doc. No. 08-1194. Filed for public inspection June 27, 2008, 9:00 a.m.]

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