PROPOSED RULEMAKING

GAME COMMISSION

[58 PA. CODE CH. 141]

Hunting and Trapping; Beaver Trapping

[44 Pa.B. 1435]
[Saturday, March 15, 2014]

 To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) proposed at its January 28, 2014, meeting to amend § 141.62 (relating to beaver trapping) to expand the trap authorization to 10 inches in height to 12 inches in width and additionally require a single offset trigger positioned in parallel not more than 1 1/2 inches from either vertical section of a set trap.

 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 January 28, 2014, meeting of the Commission. Comments can be sent until April 4, 2014, to the Director, Information and Education, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797.

1. Purpose and Authority

 Current regulations prohibit a person from trapping beaver using a body gripping trap larger than 10 inches by 10 inches. The Commission recently received a request to expand the trap authorization to 10 inches in height to 12 inches in width to accommodate certain commercially available products. The Commission reviewed applicable safety and wildlife management concerns and determined that this nominal expansion of authorized body gripping traps will not have a negative impact on the wildlife resources of this Commonwealth. The Commission is proposing to amend § 141.62 to expand the trap authorization to 10 inches in height to 12 inches in width and additionally require a single offset trigger positioned in parallel not more than 1 1/2 inches from either vertical section of a set trap.

 Section 2102(d) of the code (relating to regulations) authorizes 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.'' The amendments to § 141.62 are proposed under this authority.

2. Regulatory Requirements

 The proposed rulemaking will amend § 141.62 to expand the trap authorization to 10 inches in height to 12 inches in width and additionally require a single offset trigger positioned in parallel not more than 1 1/2 inches from either vertical section of a set trap.

3. Persons Affected

 Persons wishing to trap beaver through the use of body gripping traps within this Commonwealth 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.

R. MATTHEW HOUGH, 
Executive Director

 Fiscal Note: 48-364. No fiscal impact; (8) recommends adoption.

Annex A

TITLE 58. RECREATION

PART III. GAME COMMISSION

CHAPTER 141. HUNTING AND TRAPPING

Subchapter D. FURBEARERS

§ 141.62. Beaver trapping.

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 (b) Unlawful acts. It is unlawful to:

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 (3) Set body gripping traps larger than 10 inches [x 10 inches] in height by 12 inches in width or without a single offset trigger positioned in parallel not more than 1 1/2 inches from either vertical section of a set trap.

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[Pa.B. Doc. No. 14-516. Filed for public inspection March 14, 2014, 9:00 a.m.]

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