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PA Bulletin, Doc. No. 15-1968

RULES AND REGULATIONS

GAME COMMISSION

[ 58 PA. CODE CH. 135 ]

Lands and Buildings; Goose Hunting Areas

[45 Pa.B. 6502]
[Saturday, November 7, 2015]

 To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its September 29, 2015, meeting, amended § 135.104 (relating to restrictions on controlled goose hunting areas) to limit persons to harvesting one Canada goose per person per season at the Middle Creek Wildlife Management Area controlled goose hunting area.

 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. 4920 (August 22, 2015).

1. Purpose and Authority

 The controlled goose hunting program on the Middle Creek Wildlife Management Area provides opportunities for hunters to harvest Canada geese during the regular goose hunting season. Each year a number of hunters are selected to hunt from blinds through a public drawing. Hunters may subsequently enter into a drawing on later days for unclaimed blinds where they may take additional geese, but remain within the 1 goose per day daily bag limit.

 Hunter success rates have been declining in the controlled goose hunting area due in part to declining resident goose populations, fewer migrant geese and higher harvest rates on geese in areas surrounding Middle Creek. The September season daily limits and regular season daily bag limits have been reduced to increase resident goose populations. Additionally, the September hunting season was closed on State Game Land No. 46. In a further effort to help increase Canada goose populations on Middle Creek, the Commission amends § 135.104 to limit the take in the controlled goose hunting area to one Canada goose per person per season.

 Section 721(a) of the code (relating to control of property) provides ''[t]he administration of all lands or waters owned, leased or otherwise controlled by the commission shall be under the sole control of the director, and the commission shall promulgate regulations . . . for its use and protection as necessary to properly manage these lands or waters.'' The amendments to § 135.104 are adopted under this authority.

2. Regulatory Requirements

 The final-form rulemaking amends § 135.104 to limit persons to harvesting one Canada goose per person per season at the Middle Creek Wildlife Management Area controlled goose hunting area.

3. Persons Affected

 Persons wishing to hunt Canada geese at the Middle Creek Wildlife Management Area controlled goose hunting area 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 135, are amended by amending § 135.104 to read as set forth at 45 Pa.B. 4920.

 (b) The Executive Director of the Commission shall certify this order and 45 Pa.B. 4920 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 48-383 remains valid for the final adoption of the subject regulation.

[Pa.B. Doc. No. 15-1968. Filed for public inspection November 6, 2015, 9:00 a.m.]


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