PROPOSED RULEMAKING
[ 58 PA. CODE CH. 131 ]
Preliminary Provisions; Disclosure of Certain Re- cords
[40 Pa.B. 3126]
[Saturday, June 12, 2010]To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its April 20, 2010, meeting, proposed to add § 131.9 (relating to disclosure of certain records) to establish and define the manner that the Commission will respond to certain types of record requests.
The proposed rulemaking will have no adverse impact on the wildlife resources of this Commonwealth.
The authority for the proposed rulemaking is 34 Pa.C.S. (relating to Game and Wildlife Code) (code).
The proposed rulemaking was made public at the April 20, 2010, meeting of the Commission. Comments can be sent to the Director, Information and Education, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, until June 23, 2010.
1. Purpose and Authority
It is the duty of the Commission to propagate, manage and preserve the game or wildlife of this Commonwealth. To effectively manage the wildlife resources of this Commonwealth, the Commission participates in various reviews for development projects across this Commonwealth. The two most common types of records and reviews are those collected under the Voluntary Wind Power Cooperative Agreements and those collected through the screening process with the Pennsylvania Natural Heritage Program. While some records may overlap, these are two distinct bodies of records. Many times the information gathered and shared is with regard to threatened and endangered species and even more often the information is with regard to species of special concern and greatest conservation need. In many cases, it is developed by developers themselves and is proprietary with regard to the site, the protocol and the findings. In all cases, information gathered and shared during these reviews is necessary to formulate policy and recommendations regarding policy and actions, including regulations and decisions about legal actions with regard to various types of development. In addition, the Commission keeps records regarding hunting and furtaking licenses to effectively manage the wildlife resources of this Commonwealth. Finally, many records contain personal identifying information which is necessary to predeliberative action, proprietary or the disclosure of which carries substantial and demonstrable risk of physical harm.
The Commonwealth established the Right-to-Know Law (act) (65 P. S. §§ 67.101—67.3104), effective January 1, 2009. Under the act, the definition of ''public record'' has changed and the list of exemptions to disclosure has grown. Under the prior law, documents regarding reviews would not have been of the kind or character to be a public record; under the act, they would be classified as public record. In addition, hunting and furtaking license records were specifically exempt from disclosure by section 325 of the code (relating to limitation on disclosure of certain records). However, with the passage of the act, questions have again arisen with regard to these two classes of sensitive information. To clarify for Commission staff and the public how the act will be implemented with regard to the classes of records indicated as those collected for review and those regarding hunting and furtaking licenses, the Commission is proposing to add § 131.9.
Section 2722(g) of the code (relating to authorized license-issuing agents) directs the Commission to adopt regulations for the administration, control and performance of license issuing activities. 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 addition of § 131.9 is proposed under this authority.
2. Regulatory Requirements
The proposed rulemaking adds § 131.9 to establish and define the manner that the Commission will respond to certain types of record requests.
3. Persons Affected
Persons seeking wind power records, Pennsylvania Natural Heritage Program records or recreational license records from the Commission may be affected by the proposed rulemaking.
4. Cost and Paperwork Requirements
The proposed rulemaking should not result in additional cost or paperwork.
5. Effective Date
The proposed rulemaking will be effective upon final-form publication in the Pennsylvania Bulletin and will remain in effect until changed by the Commission.
6. Contact Person
For further information regarding the proposed rulemaking, contact Richard R. Palmer, Director, Bureau of Wildlife Protection, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717) 783-6526.
CARL G. ROE,
Executive DirectorFiscal Note: 48-306. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 58. RECREATION
PART III. GAME COMMISSION
CHAPTER 131. PRELIMINARY PROVISIONS § 131.9. Disclosure of certain records.
In accordance with the Right-to-Know Law (65 P. S. §§ 67.101—67.3104), public access to the following records, wherever located, will only be made as set forth in paragraphs (1)—(3):
(1) Wind power records. Commission annual reports and Pennsylvania Natural Heritage Program clearance correspondence respecting existing or proposed windpower facilities will be provided upon request, but redacted as necessary. All other records are predeliberative, proprietary or tending to identify the location of threatened or endangered species and will not be disclosed.
(2) Pennsylvania Natural Heritage Program records. Pennsylvania Natural Heritage Program clearance correspondence will be provided upon request, but redacted as necessary. All other records are predeliberative, proprietary or tending to identify the location of threatened or endangered species and will not be disclosed.
(3) License records. All annual accounts of license sales, all fiscal reports of license sales revenues and all summary wildlife harvest report records will be provided upon request. Under the limitations of section 325 of the act (relating to limitation on disclosure of certain records), individual license information or related harvest information will not be disclosed.
(4) Personal identifying information. Any request, the response to which includes personal identifying information will be redacted so as to only provide that information necessary to identify the person to the Commission. Personal identifying information will not be disclosed as predeliberative, proprietary or tending to result in a substantial and demonstrable risk of physical harm to the person or the personal security of an individual and will not be disclosed without due process of law authorizing and ordering the disclosure.
[Pa.B. Doc. No. 10-1086. Filed for public inspection June 11, 2010, 9:00 a.m.]
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