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PA Bulletin, Doc. No. 11-2186

RULES AND REGULATIONS

GAME COMMISSION

[ 58 PA. CODE CH. 147 ]

Special Permits; Furbearer Hunting-Trapping Permits

[41 Pa.B. 6880]
[Saturday, December 24, 2011]

 To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) at its October 4, 2011, meeting amended § 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 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. 4420 (August 13, 2011).

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 amendments to § 147.701 will 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 adopted under this authority.

2. Regulatory Requirements

 The final-form rulemaking amends § 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 final-form rulemaking.

4. Comment and Response Summary

 There were no official comments received regarding 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 the authorizing statute, orders that:

 (a) The regulations of the Commission, 58 Pa. Code Chapter 147, are amended by amending § 147.701 to read as set forth at 41 Pa.B. 4420.

 (b) The Executive Director of the Commission shall certify this order and 41 Pa.B. 4420 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 48-331 remains valid for the final adoption of the subject regulation.

[Pa.B. Doc. No. 11-2186. Filed for public inspection December 23, 2011, 9:00 a.m.]


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