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PA Bulletin, Doc. No. 10-590

RULES AND REGULATIONS

GAME COMMISSION

[58 PA. CODE CH. 147]

Special Permits

[40 Pa.B. 1739]
[Saturday, April 3, 2010]

 To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) adopted the following rulemaking at its January 26, 2010, meeting:

 Amend §§ 147.902 and 147.904 (relating to definitions; and permit) to specifically authorize properly permitted individuals to engage in commercial coyote guiding activities on State game lands (SGLs).

 The final 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 39 Pa.B. 6660 (November 21, 2009).

1. Purpose and Authority

 In July 2009, the Commission added Subchapter Y to Chapter 147 to relocate, consolidate and more clearly define the permitting process for persons interested in guiding other hunters or trappers for certain designated species. The Commission was recently approached by a number of houndsmen who have formally requested the expansion of this newly created subchapter to authorize commercial coyote guiding activities on SGLs. To this end, the Commission amended §§ 147.902 and 147.904 to specifically authorize properly permitted individuals to engage in commercial coyote guiding activities on SGLs.

 Section 721(a) of the code (relating to control of property) provides that ''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.'' 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 §§ 147.902 and 147.904 were adopted under this authority.

2. Regulatory Requirements

 The final rulemaking amended §§ 147.902 and 147.904 to specifically authorize properly permitted individuals to engage in commercial coyote guiding activities on SGLs.

3. Persons Affected

 Persons wishing to engage in commercial coyote guiding activities on SGLs will be affected by the final rulemaking.

4. Comment and Response Summary

 There were no official comments received regarding the final rulemaking.

5. Cost and Paperwork Requirements

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

6. Effective Date

 The final 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 rulemaking, contact Richard R. 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 regulations 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 §§ 147.902 and 147.904 to read as set forth at 39 Pa.B. 6660.

 (b) The Executive Director of the Commission shall certify this order and 39 Pa.B. 6660 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 48-296 remains valid for the final adoption of the subject regulations.

[Pa.B. Doc. No. 10-590. Filed for public inspection April 2, 2010, 9:00 a.m.]


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