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PA Bulletin, Doc. No. 08-2289

RULES AND REGULATIONS

GAME COMMISSION

[ 58 PA. CODE CH. 147 ]

Special Permits

[38 Pa.B. 6928]
[Saturday, December 20, 2008]

   To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its October 24, 2008, meeting, adopted the following rulemaking:

   Amend §§ 147.301--147.307 and 147.309 to update and expand wildlife rehabilitation standards.

   The final-form regulation will have no adverse impact on the wildlife resources of this Commonwealth.

   The authority for the final-form regulation is 34 Pa.C.S. (relating to Game and Wildlife Code) (code).

   Notice of proposed rulemaking was published at 38 Pa.B. 4523 (August 16, 2008).

   1.  Purpose and Authority

   The Commission has been working in consultation with the Wildlife Rehabilitation Council (Council) to update and amend the wildlife rehabilitation regulations in an effort to redress concerns the Commission and Council share respecting the inadequacy of current permitting standards. Some notable recommendations generated include the creation of new rehabilitation facility caging and sanitation requirements for all wildlife, new requirements for the rehabilitation of rabies vector species and, finally, new application, qualification and testing standards for permit applicants. Therefore, the Commission amended §§ 147.301--147.307 and 147.309 to update and expand wildlife rehabilitation standards.

   Section 2901(b) of the code (relating to authority to issue permits) provides ''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 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 §§ 147.301--147.307 and 147.309 were adopted under this authority.

   2.  Regulatory Requirements

   The final-form regulations will amend §§ 147.301--147.307 and 147.309 to update and expand wildlife rehabilitation standards.

   3.  Persons Affected

   Persons wishing to rehabilitate game or wildlife within this Commonwealth will be affected by the final-form regulations.

   4.  Comment and Response Summary

   There were no official written comments received regarding these final-form regulations.

   5.  Cost and Paperwork Requirements

   The final-form regulations should not result in any additional cost or paperwork.

   6.  Effective Date

   The final-form regulations 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 regulations, contact Richard A. 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 Chapter 147, are amended by amending §§ 147.301-- 147.307 and 147.309 to read as set forth at 38 Pa.B. 4523.

   (b)  The Executive Director of the Commission shall certify this order, 38 Pa.B. 4523 and Annex A 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 48-274 remains valid for the final adoption of the subject regulations.

[Pa.B. Doc. No. 08-2289. Filed for public inspection December 19, 2008, 9:00 a.m.]


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