RULES AND REGULATIONS
Title 58--RECREATION
GAME COMMISSION
[58 PA. CODE CHS. 139 AND 141]
Seasons and Bag Limits and Hunting and Trapping
[38 Pa.B. 4615]
[Saturday, August 23, 2008]To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its June 24, 2008, meeting, adopted the following rulemaking:
Amend § 141.1 (relating to special regulations areas) to permit hunters in the special regulation areas to harvest more than one deer at a time without first lawfully tagging previous harvests, provided all deer harvested are lawfully tagged immediately thereafter. Also amend §§ 139.2 and 141.41 (relating to definitions; and general) to relocate the prohibition against successive takings of deer prior to lawfully tagging a deer previously harvested from § 139.2 to § 141.41 where it is more appropriately located.
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. 3243 (June 14, 2008).
1. Purpose and Authority
Formerly, § 139.2 defined ''field possession limit for deer'' in such a manner so as to prohibit the harvest of a second deer (when multiple harvests per day are authorized) before tagging a deer previously harvested. In light of its continuing efforts to find solutions to the overabundant deer populations in the urban environments found in the Special Regulation Areas, the Commission amended § 141.1 to allow a hunter to harvest more than one deer at a time without first lawfully tagging previous harvests, provided all deer harvested are lawfully tagged immediately thereafter. For all other areas of the Commonwealth outside of the Special Regulations Areas, the traditional ''tag before second harvest'' requirement remains the same, but has been relocated from § 139.2 to § 141.41 where it is more appropriately located.
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 to §§ 139.2, 141.1 and 141.41 were adopted under this authority.
2. Regulatory Requirements
The final-form rulemaking amended § 141.1 to allow a hunter in the Special Regulation Areas to harvest more than one deer at a time without first lawfully tagging previous harvests, provided all deer harvested are lawfully tagged immediately thereafter. The final-form rulemaking also amended §§ 139.2 and 141.41 to relocate the general prohibition against successive takings of deer prior to lawfully tagging a deer previously harvested from § 139.2 to § 141.41, where it is more appropriately located.
3. Persons Affected
Persons wishing to hunt or trap white-tailed deer within this Commonwealth may 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 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 139 and 141, are amended by amending §§ 139.2, 141.1 and 141.41 to read as set forth at 37 Pa.B. 3243.
(b) The Executive Director of the Commission shall certify this order, 37 Pa.B. 3243 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 DirectorFiscal Note: Fiscal Note 48-269 remains valid for the final adoption of the subject regulations.
[Pa.B. Doc. No. 08-1522. Filed for public inspection August 22, 2008, 9:00 a.m.]
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