RULES AND REGULATIONS
Title 58—RECREATION
GAME COMMISSION
[ 58 PA. CODE CH. 131 ]
Preliminary Provisions
[41 Pa.B. 2687]
[Saturday, May 28, 2011]To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) at its April 12, 2011, meeting, amended § 131.2 (relating to definitions) by adding, amending and deleting certain definitions.
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 41 Pa.B. 1633 (March 26, 2011).
1. Purpose and Authority
The Commission amends § 131.2 by adding, amending and deleting certain definitions. The first amendment involves a reduction in the number of points required for a deer to meet the definition of an ''antlered deer'' in Wildlife Management Units (WMU) 1A, 1B, 2A, 2B and 2D. This reduction from four to three points is also accompanied by the elimination of consideration of brow tines as points. Commission staff has determined that this amendment will make it easier for hunters to determine the legal status of an antlered deer without having substantial impacts on the age structure of antlered deer populations in the affected WMUs. The remaining amendments involve the deletion of three redundant and outdated definitions as well as the addition of two definitions to aid in the implementation of the code.
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 § 131.2 are adopted under this authority.
2. Regulatory Requirements
The final-form rulemaking amends § 131.2 by adding, amending and deleting certain definitions.
3. Persons Affected
Persons wishing to hunt or trap game or wildlife in this Commonwealth will be affected by the final-form rulemaking.
4. Comment and Response Summary
The Commission received a total of 22 official comments concerning the final-form rulemaking. Of this total, 15 supported the ''three-up'' rule in the four-point area, 5 were confused by the ''three-up'' rule and 2 felt that the elimination of the brow tine as a ''point'' rule should also apply to the three-point area.
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 amendments 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 amendments 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 amending § 131.2 to read as set forth at 41 Pa.B. 1633.
(b) The Executive Director of the Commission shall certify this order and 41 Pa.B. 1633 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 48-322 remains valid for the final adoption of the subject regulation.
[Pa.B. Doc. No. 11-872. Filed for public inspection May 27, 2011, 9:00 a.m.]
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