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PA Bulletin, Doc. No. 10-1080

RULES AND REGULATIONS

GAME COMMISSION

[ 58 PA. CODE CH. 147 ]

Special Permits

[40 Pa.B. 3109]
[Saturday, June 12, 2010]

 To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its April 20, 2010, meeting, amended § 147.701 (relating to general) to update and implement the restructured permitting process for bobcats and fishers.

 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. 1761 (April 3, 2010).

1. Purpose and Authority

 During the fall of 2001, the Commission reopened hunting/trapping season on bobcats after many years of closure. Ever since this initial season, the Commission has continued to regulate the harvest of bobcats by limiting the allocation of available permits to hunt or trap them. Simply put, less permits allocated results in less bobcats being harvested. As the years have passed, the Commission has recognized a significant increase in bobcat population indices. The Commission determined that it can effectively manage harvest by season length instead and increase bobcat hunting/trapping participation opportunity at the same time. Despite the availability of an unlimited number of permits, the Commission determined that it is prudent to retain the bobcat permitting system to continue to assess interest, participation, effort and harvest during a bobcat taking season. Drafting off of this new bobcat ''season length'' harvest management model, the Commission also created new limited opportunities to trap fishers within this Commonwealth due to rebounding fisher populations in certain areas of this Commonwealth. Although an unlimited number of permits will be available to trappers interested in participating in this brand new season, season length will be used to manage harvest. The Commission amended § 147.701 to update and implement the restructured permitting process for bobcats and fishers.

 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.'' The amendments to § 147.701 were adopted under this authority.

2. Regulatory Requirements

 The final-form rulemaking amends § 147.701 to update and implement the restructured permitting process for bobcats and fishers.

3. Persons Affected

 Persons wishing to hunt or trap bobcats or fishers 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 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.

 (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 147, are amended by amending § 147.701 to read as set forth at 40 Pa.B. 1761.

 (b) The Executive Director of the Commission shall certify this order and 40 Pa.B. 1761 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 48-302 remains valid for the final adoption of the subject regulation.

[Pa.B. Doc. No. 10-1080. Filed for public inspection June 11, 2010, 9:00 a.m.]


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