RULES AND REGULATIONS
GAME COMMISSION
[ 58 PA. CODE CH. 141 ]
Hunting and Trapping
[39 Pa.B. 2800]
[Saturday, June 6, 2009]To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its April 21, 2009, meeting, adopted the following rulemaking:
Amend § 141.66 (relating to cable restraints) to permit properly licensed trappers to take and utilize nontarget furbearing species captured in a cable restraint device during an open season for the same.
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 39 Pa.B. 1392 (March 21, 2009).
1. Purpose and Authority
In January 2005, the Commission first defined and authorized the limited use of cable restraint devices to harvest red fox, gray fox and coyote. Since the inception of its lawful use by this Commonwealth's trappers, the Commission has identified a low but recognizable incidence of nontarget furbearing species (including raccoons, opossum, skunk and bobcat) being captured in legal sets of these devices. Due to the limited authorization on the species that can be lawfully harvested through the use of the cable restraint devices, the Commission has historically treated the capture of all other nontarget furbearing species as mistake catches despite the fact that there are typically open seasons on these species at the time of capture. In an effort to avoid this result, the Commission amended § 141.66 to permit properly licensed trappers to take and utilize nontarget furbearing species captured in a cable restraint device during an open season for the same. The amendment will also allow an incidentally captured bobcat to be harvested if the trapper possesses a valid bobcat harvest permit. This modification does not in any manner change the legal definition of a legal cable restraint or the manner or location where these devices may be set.
Section 2102(d) of the code (relating to regulations) authorizes the Commission to ''promulgate regulations stipulating the size and type of traps, the type of firearms and ammunition and other devices which may be used, the manner in which and the location where the devices may be used, the species the devices may be used for and the season when the devices may be used.'' Section 2102(a) of the code 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 § 141.66 were adopted under this authority.
2. Regulatory Requirements
The final-form rulemaking amended § 141.66 to permit properly licensed trappers to take and utilize nontarget furbearing species captured in a cable restraint device during an open season for the same.
3. Persons Affected
Persons wishing to trap furbearing species with cable restraint devices 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. Rather, the final-form rulemaking will likely reduce costs and paperwork associated with the disposition of furbearing species mistakenly captured in cable restraint devices.
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 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 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 (relating to notice of proposed rulemaking required; and adoption of regulations).
(2) The adoption of the 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 § 141.66 to read as set forth at 39 Pa.B. 1392.
(b) The Executive Director of the Commission shall certify this order and 39 Pa.B. 1392 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 48-280 remains valid for the final adoption of the subject regulation.
[Pa.B. Doc. No. 09-1019. Filed for public inspection June 5, 2009, 9:00 a.m.]
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