RULES AND REGULATIONS
GAME COMMISSION
[ 58 PA. CODE CH. 141 ]
Hunting and Trapping; Wild Pheasant Recovery Areas
[41 Pa.B. 2697]
[Saturday, May 28, 2011]To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) at its April 12, 2011, meeting, amended § 141.28 (relating to wild pheasant recovery areas) to create and define the geographic location of the Franklin County Wild Pheasant Recovery Area (WPRA).
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
The Ring-necked Pheasant Management Plan calls for restoring self-sustaining and huntable ring-necked pheasant populations in suitable habitats in this Commonwealth by establishing at least four WPRAs by 2015. Wild-trapped pheasants are being released in existing WPRAs in an effort to establish populations of at least ten hens per square mile in the spring. WPRAs have been closed to game farm pheasant stocking and pheasant hunting. Dog training and small game hunting are also restricted in WPRAs to periods outside the population establishment phase. Three WPRAs were established in 2009 and one in 2010. The Commission amends § 141.28 to create and define the geographic location of the Franklin County WPRA. The Commission anticipates wild-trapped pheasant releases in this area sometime in 2012. The Commission also amends § 141.28 to permit the hunting of waterfowl and woodchucks (groundhogs) in areas designated as WPRAs.
Section 322(c)(4) of the code (relating to powers and duties of commission) specifically authorizes the Commission to ''Define geographic limitations or restrictions.'' Section 2102(c) of the code (relating to regulations) directs that ''The commission shall promulgate regulations concerning the transportation, introduction into the wild, importation, exportation, sale, offering for sale or purchase of game or wildlife or the disturbing of game or wildlife in their natural habitat.'' 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 § 141.28 are adopted under this authority.
2. Regulatory Requirements
The final-form rulemaking amends § 141.28 to create and define the geographic location of the Franklin County WPRA.
3. Persons Affected
Persons wishing to hunt wild pheasants, release propagated pheasants, train dogs or hunt small game within the area designated as the Franklin County WPRA 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 § 141.28 to read as set forth in Annex A, with ellipses referring to the existing text of the regulations.
(b) The Executive Director of the Commission shall certify this order and Annex A 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 48-320 remains valid for the final adoption of the subject regulation.
Annex A
TITLE 58. RECREATION
PART III. GAME COMMISSION
CHAPTER 141. HUNTING AND TRAPPING
Subchapter B. SMALL GAME § 141.28. Wild pheasant recovery areas.
(a) Definition. For the purpose of this section, the phrase ''wild pheasant recovery area'' (WPRA) includes and is limited to the following geographic locations.
* * * * * (5) Franklin County WPRA. That portion of WMUs 4A and 5A in Franklin County from PA Rt. 30 on the northern border to the Pennsylvania/Maryland state border on the southern border, and from Cove Mountain on the western border to the towns of Laurich and Williamson and the Conococheague Creek on the eastern border. The WPRA is bounded on the north by PA Rt. 30 (Lincoln Highway). Beginning at the town of Fort Loudon at the intersection of PA Rt. 30 (Lincoln Highway) and PA Rt. 75, proceed east on PA Rt. 30 (Lincoln Highway), through St. Thomas and continue east to Laurich. Just east of Laurich, proceed south along Back Creek to SR 3012 (Jack Road). Proceed west along SR 3012 (Jack Road), then south along Weber Road. Continue south and southwest along Weber Road to the intersection of Weber, Grapevine and Jacks Mill Roads. Proceed southwest along Grapevine Road and then northwest to intersection with SR 3013. Turn south onto SR 3013 (St Thomas Williamson Road) and then west onto State Rt. 995. Proceed west and then south on State Rt. 995 through Williamson to the West Branch of the Conococheague Creek (northeast of Welsh Run). Proceed along the West Branch of the Conococheague Creek to the confluence with Conoco-cheague Creek. Follow the Conococheague Creek south to the Pennsylvania/Maryland state border. Proceed west along the Pennsylvania/Maryland state border to State Rt. 456. Proceed northeast along State Rt. 456 to State Rt. 16. Proceed east on State Rt. 16 to Mountain Road. Proceed northeast on Mountain Road to State Rt. 75. Proceed northwest on State Rt. 75 to the intersection of State Rt. 75 and State Rt. 30 at Fort Loudon.
(b) Prohibitions. It is unlawful to:
(1) Release artificially propagated pheasants any time within any area designated as a wild pheasant recovery area.
(2) Train dogs in any manner or hunt small game except woodchucks and waterfowl from the first Sunday in February through July 31 within any area designated as a WPRA.
[Pa.B. Doc. No. 11-877. Filed for public inspection May 27, 2011, 9:00 a.m.]
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