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PA Bulletin, Doc. No. 12-461

NOTICES

GAME COMMISSION

White Nose Syndrome Response—Bat Rehabilitation Ban

[42 Pa.B. 1345]
[Saturday, March 10, 2012]

Order

 Whereas, White Nose Syndrome (WNS) remains a largely enigmatic disease syndrome that is found in, and proves highly fatal to, wild bats native to the Commonwealth of Pennsylvania; and

 Whereas, on February 13, 2009, the Executive Director of the Pennsylvania Game Commission (Commission) issued an Order restricting the taking, possession, transportation, relocation, rehabilitation, release, and/or reintroduction of wild bats in an effort to reduce the risk of causing further concentration and/or spread of WNS among wild bats within this Commonwealth; and

 Whereas, the Commission has determined that despite the issuance of the above-described Order WNS has since spread across the Commonwealth and to all of its neighboring states; and

 Whereas, the Commission has determined that further taking, possession, transportation, relocation, rehabilitation, release, and/or reintroduction of wild bats within this Commonwealth no longer poses a significant and undesirable potential of causing further concentration and/or spread of WNS within or across the landscape of this Commonwealth; and

 Whereas, The Game and Wildlife Code (Game Code) (34 Pa.C.S. §§ 101 et seq.) and its attendant regulations (58 Pa. Code §§ 131.1 et seq.) collectively provide broad authority to the Commission to regulate activities relating to the protection, preservation and management of all game and wildlife, including the various species of wild bats native to this Commonwealth (C.f. 34 Pa.C.S. §§ 322, 2101 and 2102); and

 Whereas, Section 139.3 of the Pennsylvania Code provides the Executive Director with the broad authority to ''remove protection on wildlife Statewide, or in a designated area and prohibit its possession alive and order the method of the disposal, if he determines the threat of a disease poses a threat to human safety, farm animals, pets and wildlife within or adjacent to this Commonwealth'' (58 Pa. Code § 139.3(b)); and

 Now Therefore, I, Carl G. Roe, Executive Director of the Pennsylvania Game Commission, pursuant to the authority vested in me by the Code and regulations promulgated thereunder, do hereby order and direct that my previous executive order concerning WNS and bat rehabilitation restrictions issued on February 13, 2009 is hereby rescinded in its entirety. This Order is effective immediately.

 Given under my hand and seal of the Pennsylvania Game Commission on this 21st day of February 2012.

CARL G. ROE, 
Executive Director

[Pa.B. Doc. No. 12-461. Filed for public inspection March 9, 2012, 9:00 a.m.]


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