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PA Bulletin, Doc. No. 14-2309

RULES AND REGULATIONS

GAME COMMISSION

[ 58 PA. CODE CH. 147 ]

Special Permits; Falconry

[44 Pa.B. 7056]
[Saturday, November 8, 2014]

 To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its September 23, 2014, meeting amended §§ 147.101 and 147.103 (relating to definitions; and classes) to make it clear that in the regulations the term ''hybrid'' applies to all offspring of species listed in 50 CFR 10.13 (relating to list of migratory birds).

 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. 5213 (August 2, 2014).

1. Purpose and Authority

 The United States Fish and Wildlife Service (Service) recently amended the definition of ''hybrid'' in 50 CFR 21.3 (relating to definitions) to include any bird that results from a cross of genetic material between two separate taxa when one or both are listed in 50 CFR 10.13. See 78 FR 65576 (November 1, 2013). This revision clarified that ''hybrid'' includes any bird resulting from propagation when only one parent is defined as a migratory bird. The previous definition required both parents to be defined as a migratory bird. The previous definition created difficulties due to its inconsistency with the Service's longstanding interpretation of the same term under the Migratory Bird Treaty Act (16 U.S.C.A. §§ 703—712) as requiring only one parent to be defined as a migratory bird. The Commission amended §§ 147.101 and 147.103 to make it clear that in the regulations ''hybrid'' applies to all offspring of species listed in 50 CFR 10.13. Adoption of this amendment will maintain the Commonwealth's necessary compliance with the applicable Federal regulations concerning falconry to continue this program in this Commonwealth.

 Section 2901(b) of the code (relating to authority to issue permits) provides that ''the commission may, as deemed necessary to properly manage the game or wild--life resources, promulgate regulations for the issuance of any permit and promulgate regulations to control the activities which may be performed under authority of any permit issued.'' The amendments to §§ 147.101 and 147.103 are adopted under this authority.

2. Regulatory Requirements

 The final-form rulemaking amends §§ 147.101 and 147.103 to make it clear that ''hybrid'' applies to all offspring of species listed in 50 CFR 10.13.

3. Persons Affected

 Persons wishing to engage in falconry activities 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 Thomas P. Grohol, 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 §§ 147.101 and 147.103 to read as set forth at 44 Pa.B. 5213.

 (b) The Executive Director of the Commission shall certify this order and 44 Pa.B. 5213 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 Director

 Fiscal Note: Fiscal Note 48-368 remains valid for the final adoption of the subject regulations.

[Pa.B. Doc. No. 14-2309. Filed for public inspection November 7, 2014, 9:00 a.m.]


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