RULES AND REGULATIONS
Title 58--RECREATION
GAME COMMISSION
[ 58 PA. CODE CH. 131 ]
Preliminary Provisions
[39 Pa.B. 2791]
[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 § 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 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. 1531 (March 28, 2009).
1. Purpose and Authority
Section 925(i) of the code specifically states that ''In addition to the fines and costs imposed for violations pursuant to subsection (b), the costs incurred by the Commission for the replacement of 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 many 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 amended § 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 adopted under this authority.
2. Regulatory Requirements
The final-form rulemaking amends § 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 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 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 131, are amended by amending § 131.8 to read as set forth in Annex A.
(b) The Executive Director of the Commission shall certify this order and 39 Pa.B. 1531 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 48-281 remains valid for the final adoption of the subject regulation.
Annex A
TITLE 58. RECREATION
PART III. GAME COMMISSION
CHAPTER 131. PRELIMINARY PROVISIONS § 131.8. Replacement costs for wildlife killed.
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 point or more, $5,000.
(iii) Each black bear with a field dressed weight of 350 pounds or more, $5,000.
[Pa.B. Doc. No. 09-1016. Filed for public inspection June 5, 2009, 9:00 a.m.]
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