PROPOSED RULEMAKING

[58 PA. CODE CH. 141]

Hunting and Trapping; Elk

[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 § 141.47 (relating to elk) to eliminate the Route 555 corridor safety zone.

 The proposed rulemaking will have no 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

 In 2004, the Board of Commissioners adopted regulations creating a 150-yard safety zone for elk along the Route 555 corridor from Weedville to Hicks Run in an effort to address existing problems with road hunting and the killing of highly visible elk in yards and public places found within this area. The Commission determined that this safety zone is no longer necessary and that existing laws and regulations can adequately protect the public and wildlife from unsafe or unethical behavior. Furthermore, the Commission also determined that harvest of some of the elk within this corridor is necessary to maintain elk populations in more appropriate habitats. The Commission is proposing to amend § 141.47 to eliminate the Route 555 corridor safety zone.

 Section 322(c)(4) of the code (relating to powers and duties of commission) specifically authorizes the Commission to ''Define geographic limitations or restrictions.'' 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 § 141.47 are proposed under this authority.

2. Regulatory Requirements

 The proposed rulemaking will amend § 141.47 to eliminate the Route 555 corridor safety zone.

3. Persons Affected

 Persons owning property or wishing to hunt elk within the Route 555 corridor safety zone 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: 48-360. No fiscal impact; (8) recommends adoption.

Annex A

TITLE 58. RECREATION

PART III. GAME COMMISSION

CHAPTER 141. HUNTING AND TRAPPING

Subchapter C. BIG GAME

§ 141.47. Elk.

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 (b) Prohibitions. While hunting elk during the elk season, it is unlawful to:

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 [(5) Hunt within 150 yards from the center line of Route 555, from the intersection of Routes 255 and 555, to the intersection of Huston Hill Road and Route 555.

 (6)] (5) Hunt within the Hick's Run no hunt zone, this being the area immediately adjacent to and north of Route 555, between Hick's Run Road and Huston Hill Road and within .3 mile of Route 555.

[Pa.B. Doc. No. 14-517. Filed for public inspection March 14, 2014, 9:00 a.m.]

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