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PA Bulletin, Doc. No. 15-1002

RULES AND REGULATIONS

GAME COMMISSION

[ 58 PA. CODE CH. 141 ]

Hunting and Trapping; Big Game

[45 Pa.B. 2604]
[Saturday, May 30, 2015]

 To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its April 10, 2015, meeting, adopted amendments to § 141.45 (relating to turkey) by deleting the reference to Wildlife Management Units (WMU) 1A, 1B and 2A in the provision prohibiting use of manually operated centerfire, rimfire or muzzleloading firearms using single projectile ammunition to maintain continuity between these provisions.

 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 45 Pa.B. 1369 (March 21, 2015).

1. Purpose and Authority

 The Commission's 2015-2016 seasons and bag limits proposal identifies only WMU 2B as a shotgun and archery only area. See the final-form rulemaking published at 45 Pa.B. 2596 (May 30, 2015). Furthermore, WMUs 5B, 5C and 5D remain closed to fall turkey hunting. All remaining WMUs are currently organized to permit use of manually operated centerfire, rimfire or muzzleloading firearms using single projectile ammunition. The Commission amends § 141.45 by deleting the reference to WMUs 1A, 1B and 2A in the provision prohibiting use of manually operated centerfire, rimfire or muzzleloading firearms using single projectile ammunition to maintain continuity between these provisions.

 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 § 141.45 are adopted under this authority.

2. Regulatory Requirements

 The final-form rulemaking amends § 141.45 by deleting the reference to WMUs 1A, 1B and 2A in the provision prohibiting use of manually operated centerfire, rimfire or muzzleloading firearms using single projectile ammunition to maintain continuity between these provisions.

3. Persons Affected

 Persons wishing to hunt wild turkey through the use of manually operated centerfire, rimfire or muzzleloading firearms using single projectile ammunition during the fall season in WMUs 1A, 1B and 2A 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 141, are amended by amending § 141.45 to read as set forth at 45 Pa.B. 1369.

 (b) The Executive Director of the Commission shall certify this order and 45 Pa.B. 1369 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 48-380 remains valid for the final adoption of the subject regulation.

[Pa.B. Doc. No. 15-1002. Filed for public inspection May 29, 2015, 9:00 a.m.]


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