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PA Bulletin, Doc. No. 10-1078

RULES AND REGULATIONS

GAME COMMISSION

[ 58 PA. CODE CHS. 141 AND 143 ]

Hunting and Trapping and Hunting and Furtaker Licenses

[40 Pa.B. 3107]
[Saturday, June 12, 2010]

 To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its April 20, 2010, meeting, amended §§ 141.48 and 143.206 (relating to elk management area and elk hunt zones; and validity of license) to define important geographical terms and authorize the use of unfilled elk licenses to be used to harvest elk anywhere within this Commonwealth outside of the elk management area during any extended elk season following the regular elk season.

 The final-form rulemaking will not have an 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 40 Pa.B. 1754 (April 3, 2010).

1. Purpose and Authority

 Work is ongoing to update and implement the Commission's elk management plan. A somewhat confusing aspect of elk management policy for Commission staff and the public has been references to terms such as ''elk range,'' ''elk management area,'' ''elk hunt zones'' and other places in this Commonwealth where elk may become established on the landscape. Clarification is being incorporated into the elk management plan and supporting, complimentary regulations are needed to implement the plan's goals and objectives including how hunters and hunting will be used in the management of elk both in and outside the recognized elk management area. To this end, the Commission amended §§ 141.48 and 143.206 to define important geographical terms and authorize the use of unfilled elk licenses to be used to harvest elk anywhere within this Commonwealth outside of the elk management area during any extended elk season following the regular elk season.

 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 §§ 141.48 and 143.206 were adopted under this authority.

2. Regulatory Requirements

 The final-form rulemaking amends §§ 141.48 and 143.206 to define important geographical terms and authorize the use of unfilled elk licenses to be used to harvest elk anywhere within this Commonwealth outside of the elk management area during any extended elk season following the regular elk season.

3. Persons Affected

 Persons wishing to hunt elk within this Commonwealth may be affected by the final-form rulemaking.

4. Comment and Response Summary

 There were no official comments received regarding the final-form rulemaking.

5. Cost and Paperwork Requirements

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

6. Effective Date

 The final-form rulemaking will be effective upon 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.

Findings

 The Commission finds that:

 (1) Public notice of intention to adopt the administrative amendments 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 the 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 Chapters 141 and 143, are amended by amending §§ 141.48 and 143.206 to read as set forth at 40 Pa.B. 1754.

 (b) The Executive Director of the Commission shall certify this order and 40 Pa.B. 1754 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 48-299 remains valid for the final adoption of the subject regulations.

[Pa.B. Doc. No. 10-1078. Filed for public inspection June 11, 2010, 9:00 a.m.]


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