PROPOSED RULEMAKING

[ 58 PA. CODE CH. 131 ]

Preliminary Provisions; Replacement Costs for Wildlife Killed

[45 Pa.B. 4921]
[Saturday, August 22, 2015]

 To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) proposed at its June 30, 2015, meeting to amend § 131.8 (relating to replacement costs for wildlife killed) to increase replacement costs for bald and golden eagles from $200 to $2,500.

 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 June 30, 2015, meeting of the Commission. Comments can be sent until September 25, 2015, to the Director, Information and Education, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797.

1. Purpose and Authority

 In accordance with goals established in the Pennsylvania Bald Eagle Management Plan, 2010-2019, the Commission determined that the bald eagle (Haliaeetus leucocephalus) achieved a population level and geographical distribution that no longer met the definition of a threatened species. As a result, on March 15, 2014, the bald eagle was officially removed from the Commonwealth's threatened species list. Notwithstanding the bald eagle's delisting, its populations and the populations of its smaller cousin, the golden eagle (Aquila chrysaetos), necessitate further protection from unlawful takings in the form of increased replacement costs.

 Section 925(i) of the code (relating to jurisdiction and penalties) specifically states that ''[i]n addition to the fines and costs imposed for violations pursuant to subsection (b), the costs incurred by the commission for the replacement of the species involved in the violation shall be assessed by the magisterial district judge in such amount as is fixed by regulation of the commission.'' The Commission is proposing to amend § 131.8 to increase replacement costs for bald and golden eagles from $200 to $2,500.

 Section 2102(a) of the code (relating to regulations) provides that ''[t]he commission shall promulgate such regulations as it deems necessary and appropriate concerning game or wildlife and hunting or furtaking in this Commonwealth, including regulations relating to the protection, preservation and management of game or wildlife and game or wildlife habitat, permitting or prohibiting hunting or furtaking, the ways, manner, methods and means of hunting or furtaking, and the health and safety of persons who hunt or take wildlife or may be in the vicinity of persons who hunt or take game or wildlife in this Commonwealth.'' The amendments to § 131.8 are proposed under this authority.

2. Regulatory Requirements

 The proposed rulemaking will amend § 131.8 to increase replacement costs for bald and golden eagles from $200 to $2,500.

3. Persons Affected

 Persons who unlawfully take or kill bald or golden eagles within the 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 Director

 Fiscal Note: 48-386. No fiscal impact; (8) recommends adoption.

Annex A

TITLE 58. RECREATION

PART III. GAME COMMISSION

CHAPTER 131. PRELIMINARY PROVISIONS

§ 131.8. Replacement costs for wildlife killed.

 Under section 925(i) of the act (relating to [fines and penalties for violations] jurisdiction and penalties), in addition to any fines and costs imposed for violations of the act and this title, any person who unlawfully kills or possesses wildlife may be assessed replacement costs according to the following minimum cost scale:

 (1) General class[:].

 (i) Each threatened or endangered bird or mammal, $5,000.

 [(ii) Each elk, $1,500.

 (iii) Each bear, $1,500.

 (iv) Each deer, $800.

 (v) Each bobcat, $500.

 (vi) Each otter, $500.

 (vii) Each turkey, $300.

 (viii) Each beaver, $300.

 (ix) Any other wildlife, $200.]

 (ii) Each bald eagle or golden eagle, $2,500.

 (iii) Each elk or black bear, $1,500.

 (iv) Each white-tailed deer, $800.

 (v) Each bobcat or otter, $500.

 (vi) Each wild turkey or beaver, $300.

 (vii) Any other wildlife, $200.

 (2) Trophy class[:].

 (i) Each elk with a Boone and Crockett green score of 200 points or more, $5,000.

 (ii) Each white-tailed deer with a Boone and Crockett green score of 115 [point] points or more, $5,000.

 (iii) Each black bear with a field dressed weight of 350 pounds or more, $5,000.

[Pa.B. Doc. No. 15-1540. Filed for public inspection August 21, 2015, 9:00 a.m.]

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