RULES AND REGULATIONS
Title 58--RECREATION
GAME COMMISSION
[ 58 PA. CODE CH. 135 ]
Lands and Buildings
[39 Pa.B. 5119]
[Saturday, August 29, 2009]To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) adopted the following rulemaking at its July 9, 2009, meeting:
Amend § 135.103 (relating to registration for controlled goose hunting areas) to permit persons who have previously hunted a controlled goose hunting area to apply for unclaimed blinds on the morning of the designated shooting day, but only when there exists an absence of applications for the unclaimed blinds from persons who have not previously hunted a controlled goose hunting area.
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. 2951 (June 13, 2009).
1. Purpose and Authority
The Commission currently maintains two controlled goose hunting areas across this Commonwealth at its Pymatuning and Middle Creek Wildlife Management Areas. As a measure to promote full and equal opportunity for all Pennsylvania goose hunters, the Commission has traditionally limited hunters to hunt only 1 day per season on only one controlled goose hunting area as either a reservation holder or a guest of a reservation holder. Although a rare occasion, the lack of flexibility of this restriction had the unfortunate consequence of limiting the Commission's ability to fill unclaimed blinds when there was an absence of available first-time hunter applicants present on the morning of the designated shooting day. The Commission has determined that it can continue to promote full and equal opportunity for all goose hunters in this Commonwealth while also advancing the fullest utilization of its unclaimed blinds by amending this restriction. To this end, the Commission amended § 135.103 to permit persons who have previously hunted a controlled goose hunting area to apply for unclaimed blinds on the morning of the designated shooting day; but only when there exists an absence of applications for the unclaimed blinds from persons who have not previously hunted a controlled goose hunting area.
Section 721(a) of the code (relating to control of property) provides ''The administration of all lands and waters owned, leased or otherwise controlled by the commission shall be under the sole control of the director, and the commission shall promulgate regulations . . . for its use and protection as necessary to properly manage these lands or waters.'' The amendments to § 135.103 were adopted under this authority.
2. Regulatory Requirements
The final-form rulemaking amended § 135.103 by replacing the language prohibiting persons who have previously hunted a controlled goose hunting area applying for an unclaimed blind with language permitting persons who have previously hunted a controlled goose hunting area to apply for unclaimed blinds on the morning of the designated shooting day; but only when there exists an absence of applications for the unclaimed blinds from persons who have not previously hunted a controlled goose hunting area.
3. Persons Affected
Persons wishing to apply for controlled goose hunting area blinds 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 R. Palmer, Director, Bureau of Wildlife Protection, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717) 783-6526.
8. 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 this amendment of the Commission in the manner provided in this order is necessary and appropriate for the administration and enforcement of the authorizing statute.
9. Order
The Commission, acting under authorizing statute, orders that:
(a) The regulations of the Commission, 58 Pa. Code Chapter 135, are amended by amending § 135.103 to read as set forth at 39 Pa.B. 2951.
(b) The Executive Director of the Commission shall certify this order and 39 Pa.B. 2951 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 48-287 remains valid for the final adoption of the subject regulation.
[Pa.B. Doc. No. 09-1603. Filed for public inspection August 28, 2009, 9:00 a.m.]
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