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PA Bulletin, Doc. No. 08-2291

RULES AND REGULATIONS

GAME COMMISSION

[58 PA. CODE CH. 147]

Special Permits

[38 Pa.B. 6930]
[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 §§ 147.721--147.726, 147.728 and 147.729 to update and expand nuisance wildlife control operator standards.

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

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

   Notice of proposed rulemaking was published at 38 Pa.B. 4521 (August 16, 2008).

   1.  Purpose and Authority

   Chapter 147, Subchapter T (relating to commercial wildlife pest control) provides the regulatory structure for the Commission to authorize persons to engage in nuisance wildlife control activities. The Commission has identified that these regulations have over time become inadequate to address the needs of the Commission and the public concerning the persistent problem of nuisance wildlife and therefore needed to be amended. Some notable recommendations generated by the Commission include the renaming of permit holders as ''nuisance wildlife control operators'' rather than the current ''wildlife pest control agents,'' the expansion of applicant eligibility standards to permit application from nonresidents, new requirements for the control of rabies vector species and, finally, new testing standards for permittees working in deer control. Therefore, the Commission has amended §§ 147.721--147.726 and 147.728 and 47.729 to update and expand nuisance wildlife control operator 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 §§ 147.721--147.726 and 147.728 and 147.729 were adopted under this authority.

   2.  Regulatory Requirements

   The final rulemaking will amend §§ 147.721--147.726 and 147.728 and 147.729 and 147.728--147.72 to update and expand nuisance wildlife control operator standards.

   3.  Persons Affected

   Persons wishing to engage in nuisance wildlife control activities within this Commonwealth will be affected by the final-form rulemaking.

   4.  Comment and Response Summary

   There were no official written 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 rulemaking, 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 §§ 147.721--147.726 and 147.728; and by adding §§ 147.724a and 147.729 to read as set forth at 38 Pa.B. 4521.

   (b)   The Executive Director of the Commission shall certify this order, 38 Pa.B. 4521 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 48-275 remains valid for the final adoption of the subject regulation.

[Pa.B. Doc. No. 08-2291. Filed for public inspection December 19, 2008, 9:00 a.m.]


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