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PA Bulletin, Doc. No. 11-874

RULES AND REGULATIONS

GAME COMMISSION

[ 58 PA. CODE CH. 141 ]

Hunting and Trapping; Special Regulations Areas

[41 Pa.B. 2694]
[Saturday, May 28, 2011]

 To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) at its April 12, 2011, meeting, amended § 141.1 (relating to special regulations areas) to expand the shotgun/muzzleloader single projectile exception to bear hunters and also to delete the defunct baiting provisions.

 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. 1631 (March 26, 2011).

1. Purpose and Authority

 Current special regulations areas requirements generally prohibit the use of single projectile ammunition for big game hunting in the special regulations areas. One prominent exception to this rule allows the use of muzzleloading long guns or shotguns that fire single projectiles in majority of the special regulations areas. However, this exception formerly only extended to deer hunters. The Commission amends § 141.1 to expand this exception to also extend to bear hunters. The Commission has determined that this expansion will increase hunting opportunity and success for many bear hunters in these areas without sacrificing safety. The Commission also amends § 141.1 by deleting the defunct baiting provisions that expired on March 31, 2010.

 Section 2102(d) of the code (relating to regulations) provides ''The commission to 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.'' Section 2102(a) of the code 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 § 141.1 are adopted under this authority.

2. Regulatory Requirements

 The final-form rulemaking amends § 141.1 by expanding the shotgun/muzzleloader single projectile exception to bear hunters and also by deleting the defunct baiting provisions.

3. Persons Affected

 Persons wishing to hunt bear through the use of a shotgun or muzzleloader firing a single projectile in the special regulations areas may be affected by the final-form rulemaking.

4. Comment and Response Summary

 There were no official comments received concerning 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 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 141, are amended by amending § 141.1 to read as set forth at 41 Pa.B. 1631.

 (b) The Executive Director of the Commission shall certify this order and 41 Pa.B. 1631 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 48-323 remains valid for the final adoption of the subject regulation.

[Pa.B. Doc. No. 11-874. Filed for public inspection May 27, 2011, 9:00 a.m.]


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