PROPOSED RULEMAKING
GAME COMMISSION
[ 58 PA. CODE CH. 141 ]
Hunting and Trapping; Furbearers
[45 Pa.B. 1630]
[Saturday, April 4, 2015]To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its January 27, 2015, meeting, proposed to amend §§ 141.63 and 141.66 (relating to definitions; and cable restraints) to redefine ''cable restraints,'' identify a list of approved locks and clarify that furtakers who possess a valid bobcat permit could only utilize an incidentally caught bobcat during the established bobcat trapping 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 proposed amendments to §§ 141.63 and 141.66 are designed to clarify the legal definition and use of cable restraints in this Commonwealth. The current definition of ''cable restraint'' in § 141.63 requires the use of ''relaxing locks'' in cable restraint construction. The term ''relaxing lock'' has caused confusion for trappers and enforcement personnel due to varying interpretations of lock designs that comply with the regulation. The proposed amendment to § 141.63 would allow all lock designs approved by the Commission. The National trap testing program, administered by the Association of Fish & Wildlife Agencies, has been conducting field testing on cable restraints and has currently identified six lock designs that have performed at acceptable levels in terms of efficiency, selectivity and animal welfare criteria. By maintaining a list of approved lock designs, the Commission will be able to regularly incorporate results from ongoing cable restraint research. Additionally, proposed amendments to § 141.66 would specify that furtakers who possess a valid bobcat permit could only utilize an incidentally caught bobcat during the established bobcat trapping 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.'' The amendments to §§ 141.63 and 141.66 are proposed under this authority.
2. Regulatory Requirements
The proposed rulemaking will amend §§ 141.63 and 141.66 to redefine cable restraints, identify a list of approved locks and clarify that furtakers who possess a valid bobcat permit could only utilize an incidentally caught bobcat during the established bobcat trapping season.
3. Persons Affected
Persons wishing to utilize cable restraints to trap authorized species of furbearers 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: 48-378. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 58. RECREATION
PART III. GAME COMMISSION
CHAPTER 141. HUNTING AND TRAPPING
Subchapter D. FURBEARERS § 141.63. Definitions.
In addition to the definitions contained in the act and this part, the following words, when used in the enforcement of section 2361 of the act (relating to unlawful acts concerning taking of furbearers) have the following meanings, unless the context clearly indicates otherwise:
* * * * * Cable restraint—A galvanized stranded steel cable with a minimum diameter of 3/32 inches. The cable must be constructed of either 7 bundles comprised of 7 wires per bundle, 7 bundles comprised of 19 wires per bundle or 1 bundle comprised of 19 wires. The cable may not exceed 7 feet in length from the anchor point to the [relaxing] lock contacting the fully closed loop stop, must be equipped with at least one swivel device (which allows for 360° rotation) between the loop and the anchor and must have stops affixed to the cable to ensure that the circumference of the cable which makes up the loop may not be greater than 38 inches when fully open, or less than 8 inches when fully closed. Cable restraints must be equipped with [a relaxing-type] an approved lock. The [relaxing-type] lock may not be constructed with moving parts. A cable restraint must include a breakaway device affixed between the [relaxing-type] lock and cable or at the end of the cable that is rated at 375 pounds or less. The cable must be maintained in good condition so that all components operate properly.
* * * * * § 141.66. Cable restraints.
(a) Cable restraint devices may be used from December 26 until the end of the established trapping season to harvest red fox, gray fox and coyote. Nontarget furbearing species incidentally captured in cable restraint devices during an open trapping season for that species may be taken and utilized, provided the trapper possesses all applicable licenses and permits.
* * * * * (f) Cable restraints will be considered traps for the purposes of the section 2361(a)(3), (4), (7), (8), (10), (12) and (14)—(16) of the act (relating to unlawful acts concerning taking of furbearers).
(g) The following locks are approved:
(1) Reichart 180° reverse bend washer.
(2) Kaatz ''Relax-a-Lock.''
(3) Penny lock.
(4) MicroLock.
(5) BMI Slide Free Lock.
(6) Berkshire 90° bend washer.
[(g) Unlawful acts.] (h) It is unlawful to:
(1) [Use a bent washer as a relaxing lock that has an outside diameter less than 1 1/4 inches.] Use, set, tend or operate a cable restraint having any lock that has not been approved under this section.
* * * * *
[Pa.B. Doc. No. 15-600. Filed for public inspection April 3, 2015, 9:00 a.m.]
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