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PA Bulletin, Doc. No. 15-1967

RULES AND REGULATIONS

GAME COMMISSION

[ 58 PA. CODE CH. 133 ]

Wildlife Classification; Mammals

[45 Pa.B. 6501]
[Saturday, November 7, 2015]

 To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its September 29, 2015, meeting, amended § 133.41 (relating to classification of mammals) to remove the Delmarva Fox Squirrel from the State endangered species list and update the common name of the Eastern woodrat to the Allegheny woodrat.

 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. 4922 (August 22, 2015).

1. Purpose and Authority

 The Commission amends § 133.41 to remove the Delmarva Fox Squirrel from the State endangered species list and update scientific nomenclature. The first amendment pertains to the Delmarva Fox Squirrel (Scuirus niger niger). This is one of three subspecies of fox squirrel listed in this Commonwealth. The species was historically present in only a very limited portion of southeastern Pennsylvania. A reintroduction attempted in 1989 resulted in no documented survival past 1 year. Suitable habitat for this species within its historic range no longer exits. No documented sightings of this species have been recorded in the 25 years subsequent to the reintroduction effort. The Mammal Technical Committee, a scientific advisory committee of the Pennsylvania Biological Survey, recommended that the status of the fox squirrel be changed to State extirpated and that it be removed from the list of State endangered mammals. The Delmarva Fox Squirrel population across the species core range in coastal portions of Delaware, Maryland and Virginia is considered stable.

 The second amendment updates the common name of the Eastern woodrat to the Allegheny woodrat. Based upon genetic and morphological evidence, the Eastern woodrat has been split into two species—the Eastern woodrat and the Allegheny woodrat. The Allegheny woodrat (Neotoma magister) inhabits this Commonwealth and is currently listed as threatened. The Eastern woodrat is not found in this Commonwealth.

 Section 322(c)(8) of the code (relating to powers and duties of commission) specifically empowers the Commission to ''[a]dd to or change the classification of any wild bird or wild animal.'' Section 2167(a) of the code (relating to endangered or threatened species) states that ''[t]he commission may, by regulation, add or remove any wild bird or wild animal native to this Commonwealth to or from the Pennsylvania native list of endangered or threatened species.'' The amendments to § 133.41 are adopted under this authority.

2. Regulatory Requirements

 The final-form rulemaking amends § 133.41 to remove the Delmarva Fox Squirrel from the State endangered species list and also update the common name of the Eastern woodrat to the Allegheny woodrat.

3. Persons Affected

 Persons interacting with the Delmarva Fox Squirrel or Allegheny woodrat within this Commonwealth may 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 133, are amended by amending § 133.41 to read as set forth at 45 Pa.B. 4922.

 (b) The Executive Director of the Commission shall certify this order and 45 Pa.B. 4922 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 48-384 remains valid for the final adoption of the subject regulation.

[Pa.B. Doc. No. 15-1967. Filed for public inspection November 6, 2015, 9:00 a.m.]


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