PROPOSED RULEMAKING
[ 58 PA. CODE CHS. 141 AND 147 ]
Hunting and Trapping; Special Permits
[45 Pa.B. 1372]
[Saturday, March 21, 2015]To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its January 27, 2015, meeting proposed to amend §§ 141.62 and 147.701 (relating to beaver and otter trapping; and general) to establish device type and number limitations for beaver and otter trappers in Wildlife Management Units (WMU) with an open otter season and also establish otter trapping permit, tagging and reporting requirements for this new season.
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 27, 2015, meeting of the Commission. Comments can be sent until April 6, 2015, to the Director, Information and Education, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797.
1. Purpose and Authority
The Commission has proposed to open a limited river otter season for the 2015-2016 trapping license year. See the proposed rulemaking published at 45 Pa.B. 1375 (March 21, 2015). To implement this new trapping opportunity, the Commission must create a supporting regulatory framework. To this end, the Commission is proposing to amend §§ 141.62 and 147.701 to establish device type and number limitations for beaver and otter trappers in WMUs with an open otter season and also establish otter trapping permit, tagging and reporting requirements for this new season.
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.'' Section 2901(b) of the code (relating to authority to issue permits) provides ''the commission may, as deemed necessary to properly manage the game or wildlife 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 §§ 141.62 and 147.701 are proposed under this authority.
2. Regulatory Requirements
The proposed rulemaking will amend §§ 141.62 and 147.701 to establish device type and number limitations for beaver and otter trappers in WMUs with an open otter season and also establish otter trapping permit, tagging and reporting requirements for this new season.
3. Persons Affected
Persons wishing to trap beaver or river otter 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 Thomas P. Grohol, Director, Bureau of Wildlife Protection, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717) 783-6526.
R. MATTHEW HOUGH,
Executive DirectorFiscal Note: 48-375. 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 and otter 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 or otter. 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.] Set, tend or operate any number of traps or snares for beaver trapping in excess of the limits established by this paragraph.
(i) Beaver trappers are generally limited to a combined Statewide total of 20 traps or snares, no more than 10 of which may be traps. No more than 2 of the 10 traps may be body gripping traps, except in Wildlife Management Units where beaver bag limits are 40 or more per season where all 10 traps may be body gripping traps.
(ii) Beaver trappers are limited to using no more than five traps or snares, no more than two of which may be body-gripping traps, in any Wildlife Management Unit with an open otter trapping season. This limitation is inclusive of any otter traps or snares set under paragraph (7). This limi-tation is applicable during periods when the open beaver trapping season overlaps by calendar date with the open otter trapping season and shall extend for 5 additional consecutive days after the close of the otter season.
(5) Check, set, reset or otherwise maintain a beaver or otter trap or snare, or remove a beaver or otter 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.
(7) Set, tend or operate any number of traps or snares for otter trapping in excess of the limits established by this paragraph. Otter trappers are limited to a combined Statewide total of five traps or snares, no more than two of which may be body-gripping traps. This limitation is inclusive of any beaver traps or snares set under paragraph (4)(ii).
CHAPTER 147. SPECIAL PERMITS
Subchapter S. FURBEARER HUNTING-TRAPPING PERMITS § 147.701. General.
This section provides for permits to be issued for the hunting and trapping of bobcat and the trapping of otter and fisher during the seasons established and in areas designated under § 139.4 (relating to seasons and bag limits for the license year).
(1) A permit will only be issued to those who possess a valid furtakers license, junior combination license or senior combination license.
(2) Permits will be made available through the Commission's Pennsylvania Automated Licensing System (PALS). The fee for the permit is $5.
(3) Applications shall be submitted in accordance with periods set by the Director.
(4) Tagging requirements are as follows:
(i) A permitted person taking a bobcat, otter or fisher shall immediately, before removing the animal from the location of the taking, fully complete and attach to the animal a carcass tag furnished with the permit. The carcass tag must remain attached to the animal until a Convention on International Trade in Endangered Species (CITES) tag is attached, if applicable, or the animal is mounted, tanned, made into a commercial fur or prepared for consumption.
(ii) A permitted person taking a bobcat or fisher shall report the harvest to the Commission within 48 hours of the taking by a means specified by the Director. A permitted person taking an otter shall report the harvest to the Commission within 24 hours of the taking by a means specified by the Director.
(iii) A CITES tag for a bobcat or otter taken under this permit will be provided by the Commission in the event that the bobcat, otter or any parts thereof are exported internationally or upon request of the [permitee] permittee. The CITES tag shall immediately be locked through the eyes of the pelt or, in the event of any other part, locked through and attached to the part. The CITES tag must remain attached to the animal until it is mounted, tanned, made into a commercial fur or prepared for consumption.
(iv) A permitted person taking a bobcat, otter or fisher shall surrender the carcass of this animal within 30 days if requested by the Commission.
[Pa.B. Doc. No. 15-505. Filed for public inspection March 20, 2015, 9:00 a.m.]
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