PROPOSED RULEMAKING
GAME COMMISSION
[ 58 PA. CODE CH. 147 ]
Special Permits; Furbearer Hunting-Trapping Permits
[41 Pa.B. 4420]
[Saturday, August 13, 2011]To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) proposed at its June 28, 2011, meeting to amend § 147.701 (relating to general) to reduce the applicability of the Convention on International Trade in Endangered Species (CITES) tag to bobcats and international exports only.
The proposed rulemaking will not have an adverse impact on the wildlife resources of this Commonwealth.
The authority for the proposed rulemaking is 34 Pa.C.S. (relating to Game and Wildlife Code) (code).
The proposed rulemaking was made public at the June 28, 2011, meeting of the Commission. Comments can be sent, until September 27, 2011, to the Director, Information and Education, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797.
1. Purpose and Authority
CITES is a comprehensive conservation treaty signed by 175 countries, including the United States. This international agreement regulates the commercial trade of wildlife species and works to ensure that international trade of species is sustainable and does not threaten their survival. In relevant part, CITES requires permanent tags to be affixed to carcasses or parts of species being exported internationally. The bobcat, while not threatened with extinction, is listed in CITES and trade is controlled to protect endangered cats that have fur and parts similar in appearance; therefore, CITES applies to international exportation of this species. CITES does not currently apply to fishers.
Current Commission regulations take this requirement a step further by requiring permittees to obtain and the Commission to issue CITES tags for every bobcat and fisher harvested that will be exported beyond this Commonwealth. The Commission has determined that this requirement is unnecessarily restrictive on permittees, over burdensome on the Commission and simply not applicable to fishers. The Commission is proposing to amend § 147.701 to reduce the applicability of the CITES tag to bobcats and international exports only.
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 § 147.701 are proposed under this authority.
2. Regulatory Requirements
The proposed rulemaking will amend § 147.701 by reducing the applicability of the CITES tag to bobcats and international exports only.
3. Persons Affected
Persons wishing to export bobcats harvested within this Commonwealth internationally will be affected by the proposed rulemaking.
4. Cost and Paperwork Requirements
The proposed rulemaking should not result in additional cost or paperwork.
5. Effective Date
The proposed rulemaking will be effective upon final-form publication in the Pennsylvania Bulletin and will remain in effect until changed by the Commission.
6. Contact Person
For further information regarding the proposed rulemaking, contact Richard R. Palmer, Director, Bureau of Wildlife Protection, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717) 783-6526.
CARL G. ROE,
Executive DirectorFiscal Note: 48-331. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 58. RECREATION
PART III. GAME COMMISSION
CHAPTER 147. SPECIAL PERMITS
Subchapter S. FURBEARER HUNTING-TRAPPING PERMITS § 147.701. General.
This section provides for permits to be issued for the hunting and trapping of bobcat and the trapping of fisher during the seasons established and in areas designated under § 139.4 (relating to seasons and bag limits for the license year).
* * * * * (4) Tagging requirements are as follows:
(i) A permitted person taking a bobcat or fisher shall immediately, before removing the animal from the location of the taking, fully complete and attach to the animal a carcass tag furnished with the permit. The carcass tag must remain attached to the animal until a [permanent tag is provided] Convention on International Trade in Endangered Species (CITES) tag is attached, if applicable, or the animal is mounted, tanned, made into a commercial fur or prepared for consumption.
* * * * * (iii) [A permanent tag for a bobcat or fisher taken under this permit shall be provided by the Commission and locked immediately upon receipt of the tag. The permanent tag must be locked through the eyes of the pelt if it is to be exported beyond this Commonwealth. The tag must remain attached to the animal until it is mounted, tanned, made into a commercial fur or prepared for consumption.] A CITES tag for a bobcat taken under this permit will be provided by the Commission in the event that the bobcat or any parts thereof are exported internationally or upon request of the permittee. The CITES tag shall immediately be locked through the eyes of the pelt or, in the event of any other part, locked through and attached to the part. The CITES tag must remain attached to the animal until it is mounted, tanned, made into a commercial fur or prepared for consumption.
* * * * *
[Pa.B. Doc. No. 11-1372. Filed for public inspection August 12, 2011, 9:00 a.m.]
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