PROPOSED RULEMAKING

[ 58 PA. CODE CH. 131 ]

Preliminary Provisions

[39 Pa.B. 1531]
[Saturday, March 28, 2009]

   To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its January 27, 2009, meeting, proposed the following rulemaking:

   Amend § 131.8 (relating to replacement costs for wildlife killed) to provide a more comprehensive list of applicable costs for all of the various wildlife species found within this Commonwealth.

   The proposed rulemaking will have no adverse impact on the wildlife resources of this Commonwealth.

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

   The proposed rulemaking was made public at the January 27, 2009, meeting of the Commission. Comments can be sent to the Director, Information and Education, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, until April 17, 2009.

1.  Purpose and Authority

   Section 925(i) of the Code specifically states that ''In addition to the fines and costs incurred by the Commission for the species involved in the violation shall be assessed by the magisterial district judges in the amount as is fixed by the regulation of the Commission.'' Despite the fact that the Commission has set replacement cost values for bear, elk and threatened or endangered species, it has never done so for any other species. Without clear authority or guidance on assessing replacement costs for these other species, the courts rarely assess replacement costs for the same resulting in unanswered losses to the Commonwealth. In an effort to avoid these losses, the Commission is proposing to amend § 131.8 to provide a more comprehensive list of applicable costs for all of the various wildlife species found within this Commonwealth.

   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 § 131.8 were proposed under this authority.

2.  Regulatory Requirements

   The proposed rulemaking will amend § 131.8 to provide a more comprehensive list of applicable costs for all of the various wildlife species found within this Commonwealth.

3.  Persons Affected

   Persons unlawfully killing game or wildlife within this Commonwealth may be affected by the proposed rulemaking.

4.  Cost and Paperwork Requirements

   The proposed rulemaking should not result in any additional cost or paperwork.

5.  Effective Date

   The proposed rulemaking will be effective upon final publication in the Pennsylvania Bulletin and will remain in effect until changed by the Commission.

6.  Contact Person

   For further information regarding the proposed rulemaking, contact Richard A. Palmer, Director, Bureau of Wildlife Protection, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717) 783-6526.

CARL G. ROE,   
Executive Director

   Fiscal Note:  48-281. No fiscal impact; (8) recommends adoption.

Annex A

TITLE 58.  RECREATION

PART III.  GAME COMMISSION

CHAPTER 131.  PRELIMINARY PROVISIONS

§ 131.8.  Replacement costs for wildlife killed.

   [In addition to the penalties provided for the violation of any of the provisions of the act or this title, every person who unlawfully kills or possesses wildlife shall be assessed the following replacement costs:

   (1)  Each elk, bear or threatened or endangered bird or mammal not less than $800 nor more than $5,000.

   (2)  Each elk with at least six points on one antler, not less than $5,000 nor more than $10,000.]

   Under section 925(i) of the act (relating to fines and penalties for violations), in addition to any fines and costs imposed for violations of the act and this title, any person who unlawfully kills or possesses wildlife may be assessed replacement costs according to the following minimum cost scale:

   (1)  General class.

   (i)  Each threatened or endangered bird or mammal, $5,000.

   (ii)  Each elk, $1,500.

   (iii)  Each bear, $1,500.

   (iv)  Each deer, $800.

   (v)  Each bobcat, $500.

   (vi)  Each otter, $500.

   (vii)  Each turkey, $300.

   (viii)  Each beaver, $300.

   (ix)  Any other wildlife, $200.

   (2)  Trophy class.

   (i)  Each elk with a Boone and Crockett green score of 200 points or more, $5,000.

   (ii)  Each deer with a Boone and Crockett green score of 115 points or more, $5,000.

   (iii)  Each black bear with a field dressed weight over 350 pounds or more, $5,000.

[Pa.B. Doc. No. 09-568. Filed for public inspection March 27, 2009, 9:00 a.m.]

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