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PA Bulletin, Doc. No. 11-508

RULES AND REGULATIONS

GAME COMMISSION

[ 58 PA. CODE CH. 141 ]

Hunting and Trapping; Artificial Lights

[41 Pa.B. 1622]
[Saturday, March 26, 2011]

 To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its February 1, 2011, meeting, amended § 141.7 (relating to use of artificial lights) to remove conflicting language purporting to continue prohibitions on the usage of gun-mounted lights by hunters and furtakers.

 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. 6532 (November 13, 2010).

1. Purpose and Authority

 House Bill 881 became law as the act of July 3, 2007 (P. L. 79, No. 26) (Act 26). Act 26 amended sections 2308 and 2310 of the code (relating to unlawful devices and methods; and unlawful use of lights while hunting) to permit furbearer hunters or trappers to take furbearers with a firearm having a flashlight or spotlight mounted to it as long as the sole source of power for the flashlight or spotlight was contained within the light or possessed on their person. In an effort to enhance consistency of the Commission's regulations with Act 26, the Commission amended § 141.7 to remove conflicting language purporting to continue prohibitions on the usage of gun-mounted lights by hunters and furtakers.

 Section 2102(d) of the code (relating to regulations) provides ''The commission shall promulgate regulations stipulating the size and type of traps, the type of firearms and ammunition and other devices which may be used, the manner in which and the location where the devices may be used, the species the devices may be used for and the season when the devices may be used.'' The amendment to § 141.7 was adopted under this authority.

2. Regulatory Requirements

 The final-form rulemaking amends § 141.7 by removing language purporting to continue to prohibitions on the usage of gun-mounted lights by hunters and furtakers.

3. Persons Affected

 Persons wishing to use gun-mounted lights while hunting any species where use of lights while hunting is permitted 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 141, are amended by amending § 141.7 to read as set forth at 40 Pa.B. 6532.

 (b) The Executive Director of the Commission shall certify this order and 40 Pa.B. 6532 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 48-313 remains valid for the final adoption of the subject regulation.

[Pa.B. Doc. No. 11-508. Filed for public inspection March 25, 2011, 9:00 a.m.]


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