RULES AND REGULATIONS
GAME COMMISSION
[ 58 PA. CODE CH. 141 ]
Hunting and Trapping; Furbearers
[41 Pa.B. 2699]
[Saturday, May 28, 2011]To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) at its April 12, 2011, meeting, amended §§ 141.62 and 141.63 (relating to beaver trapping; and definitions) and added § 141.69 (relating to artificial cubbies) to define and clarify the standards regarding certain trapping activities.
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. 1626 (March 26, 2011).
1. Purpose and Authority
The Commission adopted a variety of amendments to define and clarify the standards regarding certain trapping activities. First, the Commission amends § 141.62 to clarify that the 20 trap or snare limitation is a Statewide total, not a wildlife management unit, watercourse or waterway limitation. The Commission also amends § 141.63 to provide definitions for the terms ''artificial cubby'' and ''foot encapsulating trap.'' Lastly, the Commission adds § 141.69 to authorize and set the conditions attendant to the use of artificial cubbies in trapping activities.
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 §§ 141.62 and 141.63 and the addition of § 141.69 are adopted under this authority.
2. Regulatory Requirements
The final-form rulemaking amends §§ 141.62 and 141.63 and adds § 141.69 to define and clarify the standards regarding certain trapping activities.
3. Persons Affected
Persons wishing to trap furbearers within this Commonwealth will 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 §§ 141.62 and 141.63 to read as set forth at 41 Pa.B. 1626 and by adding § 141.69 to read as set forth in Annex A.
(b) The Executive Director of the Commission shall certify this order, 41 Pa.B. 1626 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 48-327 remains valid for the final adoption of the subject regulations.
Annex A
TITLE 58. RECREATION
PART III. GAME COMMISSION
CHAPTER 141. HUNTING AND TRAPPING
Subchapter D. FURBEARERS § 141.69. Artificial cubbies.
(a) General rule. Furtakers are permitted to trap furbearers through the use of body-gripping traps set in artificial cubbies when the following conditions are met:
(1) The artificial cubby is placed within an established watercourse, waterway, marsh, pond or dam.
(2) The entrance to the artificial cubby does not exceed 50 square inches.
(3) The triggering mechanism of the trap is recessed within the artificial cubby at least 7 inches from the entrance.
(4) The artificial cubby is anchored in a manner so that it cannot be moved or rolled.
(b) Exception. Subsection (a)(2)—(4) does not apply to body-gripping traps that are 5 1/2 inches or less and set in artificial cubbies to target mink or muskrat.
[Pa.B. Doc. No. 11-879. Filed for public inspection May 27, 2011, 9:00 a.m.]
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