RULES AND REGULATIONS
GAME COMMISSION
[ 58 PA. CODE CH. 141 ]
Hunting and Trapping; Beaver Trapping
[44 Pa.B. 3100]
[Saturday, May 24, 2014]To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) at its April 8, 2014, meeting amended § 141.62 (relating to beaver trapping) to expand the trap authorization to 10 inches in height by 12 inches in width.
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 44 Pa.B. 1435 (March 15, 2014).
1. Purpose and Authority
Former regulations prohibited 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 by 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 would not have a negative impact on the wildlife resources of this Commonwealth. The Commission amended § 141.62 to expand the trap authorization to 10 inches in height by 12 inches in width.
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 adopted under this authority.
2. Regulatory Requirements
The final-form rulemaking amends § 141.62 to expand the trap authorization to 10 inches in height by 12 inches in width.
3. Persons Affected
Persons wishing to trap beaver through the use of body-gripping traps within this Commonwealth 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 141, are amended by amending § 141.62 to read as set forth in Annex A.
(b) The Executive Director of the Commission shall certify this order and Annex A 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.
R. MATTHEW HOUGH,
Executive DirectorFiscal Note: Fiscal Note 48-364 remains valid for the final adoption of the subject regulation.
Annex A
TITLE 58. RECREATION
PART III. GAME COMMISSION
CHAPTER 141. HUNTING AND TRAPPING
Subchapter D. FURBEARERS § 141.62. Beaver trapping.
(a) General. There shall be one durable identification tag attached to each trap or snare by means of an extension wire of sufficient length so that the name tag is completely above the water or ice level and totally visible for inspection purposes. The name tag shall visibly set forth the owner's first and last name and legal home address, or a number issued by the Commission.
(b) Unlawful acts. It is unlawful to:
(1) Place, or make use of, materials or products except raw native wood or stone to direct the travel of beaver. Man-made materials may be used only to support traps or snares.
(2) Place, check, reset or tend a trap or snare on an established beaver dam or beaver house, or within 15 feet of either a dam or a house. Measurement shall be from directly above the trap or snare, across the water, ice or land to the nearest point of the structure.
(3) Set body gripping traps larger than 10 inches in height by 12 inches in width.
(4) Set, tend or operate more than a combined Statewide total of 20 traps or snares no more than 10 of which may be traps. No more than 2 of the traps may be body gripping traps except in Wildlife Management Units where beaver bag limits are 40 or more per season.
(5) Check, set, reset or otherwise maintain a beaver trap or snare, or remove a beaver from a trap or snare, unless the person is identified by the attached name tag as the owner. This paragraph does not prohibit the lending of assistance when the person whose name appears on the trap tag is present.
(6) Equip snares with a spring-activating mechanism or any device designed to aid the closing of the snare loop.
[Pa.B. Doc. No. 14-1089. Filed for public inspection May 23, 2014, 9:00 a.m.]
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