PROPOSED RULEMAKING

[ 58 PA. CODE CH. 147 ]

Special Permits; Snow Goose Conservation Hunt Permit

[40 Pa.B. 6688]
[Saturday, November 20, 2010]

 To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its October 5, 2010, meeting, proposed to amend § 147.783 (relating to permit) to authorize the use of electronic decoys for hunting and taking activities conducted under a snow goose conservation hunt permit.

 The proposed rulemaking will not have an 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 October 5, 2010, meeting of the Commission. Comments can be sent until January 21, 2011, to the Director, Information and Education, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797.

1. Purpose and Authority

 In recent years continental snow goose populations have experienced rapid growth in numbers. This dramatic increase in population size has in turn resulted in extensive damage to arctic and subarctic breeding habitats of the continental snow goose, as well as other bird populations dependent on these habitats. In January 2008, the Commission, working in conjunction with the United States Fish and Wildlife Service, added Chapter 147, Subchapter W (relating to snow goose conservation hunt permit) to define and create the regulatory structure necessary to implement the snow goose conservation hunt program (program) in this Commonwealth. In January 2009, the Commission amended the program to authorize the limited use of electronic calls for hunting and taking activities conducted under a snow goose conservation hunt permit. In light of the Commission's continued recognition of the need to dramatically increase the harvest of continental snow geese in this Commonwealth, the Commission is proposing to amend § 147.783 to authorize the use of electronic decoys for hunting and taking activities conducted under a snow goose conservation hunt permit.

 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 § 147.783 were proposed under this authority.

2. Regulatory Requirements

 The proposed rulemaking will amend § 147.783 by adding language to authorize the use of electronic decoys for hunting and taking activities conducted under a snow goose conservation hunt permit.

3. Persons Affected

 Persons hunting snow geese during the snow goose conservation season may be affected by the proposed rulemaking.

4. Cost and Paperwork Requirements

 The proposed rulemaking should not result in any 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 Director

 Fiscal Note: 48-318. No fiscal impact; (8) recommends adoption.

Annex A

TITLE 58. RECREATION

PART III. GAME COMMISSION

CHAPTER 147. SPECIAL PERMITS

Subchapter W. SNOW GOOSE CONSERVATION HUNT PERMIT

§ 147.783. Permit.

*  *  *  *  *

 (c) Except as otherwise provided in this subchapter, all State and Federal requirements and limitations relating to the hunting and taking of snow geese during regular open seasons apply to any activities conducted pursuant to the authorizations of a snow goose conservation hunt permit. The following specific exceptions apply:

*  *  *  *  *

 (2) Electronic [calling] devices. Notwithstanding the general prohibition against the use of electronic [calls] devices found in section 2308 of the act (relating to unlawful devices and methods) and § 141.6 (relating to illegal devices), the limited use of electronic calls and electronic decoys shall be authorized for all hunting and taking activities conducted pursuant to the authorizations of a snow goose conservation hunt permit.

[Pa.B. Doc. No. 10-2200. Filed for public inspection November 19, 2010, 9:00 a.m.]

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