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PA Bulletin, Doc. No. 08-1189

RULES AND REGULATIONS

Title 58--RECREATION

GAME COMMISSION

[ 58 PA. CODE CH. 141 ]

Hunting and Trapping

[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 § 141.45 (relating to turkey) to eliminate the regulatory prohibition against the use of dogs while hunting wild turkey.

   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. 1590 (April 5, 2008).

1.  Purpose and Authority

   On June 30, 2007, Governor Rendell signed into law Senate Bill 580, the act of June 30, 2007 (P. L. 62, No. 18). This legislation effectively amended section 2383 of the code to create an exception to the prohibition against the use of dogs to hunt big game by specifically permitting the use of a dog to pursue, chase, scatter and track wild turkeys during the fall wild turkey season. With the passage of this legislation, the Commission amended § 141.45 (relating to turkey) to eliminate the regulatory prohibition against the use of dogs while hunting wild turkey to maintain consistency.

   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 of § 141.45 was adopted under this authority.

2.  Regulatory Requirements

   The final-form rulemaking will amend § 141.45 to eliminate the regulatory prohibition against the use of dogs while hunting wild turkey.

3.  Persons Affected

   Persons wishing to hunt turkey during the fall turkey season within this Commonwealth may 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 eliminating the regulatory prohibition against the use of dogs while hunting wild turkey during the fall.

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 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 141, are amended by amending § 141.45 to read as set forth at 38 Pa.B. 1590.

   (b)  The Executive Director of the Commission shall certify this order and 38 Pa.B. 1590 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 48-266 remains valid for the final adoption of the subject regulation.

[Pa.B. Doc. No. 08-1189. Filed for public inspection June 27, 2008, 9:00 a.m.]


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