PROPOSED RULEMAKINGS
[ 58 PA. CODE CH. 141 ]
Hunting and Trapping; Big Game
[41 Pa.B. 1625]
[Saturday, March 26, 2011]To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) proposed, at its February 1, 2011, meeting, to amend § 141.41 (relating to general) to remove redundant and inconsistent language concerning mistake kills.
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 February 1, 2011, meeting of the Commission. Comments can be sent until April 4, 2011, to the Director, Information and Education, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797.
1. Purpose and Authority
On September 7, 2010, section 3 of the act of July 9, 2010 (P. L. 387, No. 54) (Act 54) became effective. While Act 54 primarily focuses on increasing penalties for poaching offenses and habitual offenders, it also incorporates various procedural requirements regarding mistake kills into section 2306 of the code (relating to killing game or wildlife by mistake) that had previously been administered through § 141.41. Furthermore, portions of the new statutory text increased reporting periods thus rendering portions of the regulatory text as inconsistent. The Commission is proposing to amend § 141.41 to remove the redundant and inconsistent language.
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 § 141.41 are proposed under this authority.
2. Regulatory Requirements
The proposed rulemaking will amend § 141.1 by deleting redundant and inconsistent language concerning mistake kills.
3. Persons Affected
Persons wishing to hunt or trap game or wildlife within this Commonwealth will 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: 48-326. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 58. RECREATION
PART III. GAME COMMISSION
CHAPTER 141. HUNTING AND TRAPPING
Subchapter C. BIG GAME § 141.41. General.
It is unlawful to:
(1) [Kill big game by mistake or accident and immediately after killing and before removing any big game from the location of the killing, fail to fully complete the proper game kill tag in compliance with the instructions printed on the tag and attach only the game kill tag to the big game.
(2) Kill big game by mistake or accident and fail to report the killing to the appropriate Commission regional office as soon as possible but no later than 12 hours after the time of kill.
(3)] Fail, within 10 days of the kill, to complete the report card supplied with the hunting license for reporting big game killed and mail the report card to the Commission in Harrisburg or by any other method designated by the Director.
[(4)] (2) Receive a DMAP permit without reporting in the manner prescribed on the permit.
[(5)] (3) Harvest more than one deer at a time before lawfully tagging a deer previously harvested when multiple harvests of deer per day are authorized, except as otherwise provided in § 141.1 (relating to special regulations areas).
[Pa.B. Doc. No. 11-512. Filed for public inspection March 25, 2011, 9:00 a.m.]
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