RULES AND REGULATIONS
Title 58—RECREATION
GAME COMMISSION
[ 58 PA. CODE CH. 131 ]
Preliminary Provisions; Disclosure of Certain Records
[40 Pa.B. 4386]
[Saturday, August 7, 2010]To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its June 29, 2010, meeting, added § 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 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 40 Pa.B. 3126 (June 12, 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 are classified as public records. 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 adds § 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 was adopted under this authority.
2. Regulatory Requirements
The final-form 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 final-form rulemaking.
4. Comment and Response Summary
The Commission received one official comment in opposition to 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 regulation 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 regulation 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 131, are amended by adding § 131.9 to read as set forth at 40 Pa.B. 3126.
(b) The Executive Director of the Commission shall certify this order and 40 Pa.B. 3126 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 48-306 remains valid for the final adoption of the subject regulation.
[Pa.B. Doc. No. 10-1427. Filed for public inspection August 6, 2010, 9:00 a.m.]
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