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PA Bulletin, Doc. No. 16-1426

RULES AND REGULATIONS

Title 58—RECREATION

GAME COMMISSION

[ 58 PA. CODE CH. 133 ]

Wildlife Classification; Furbearers

[46 Pa.B. 5084]
[Saturday, August 20, 2016]

 To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its July 19, 2016, meeting, amended § 133.5 (relating to furbearers) to reclassify porcupines as furbearers and also permit porcupines to be hunted with a hunting license or hunted and trapped with a furtakers license.

 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 46 Pa.B. 2680 (May 28, 2016).

1. Purpose and Authority

 The Commission amends § 133.5 to reclassify porcupines as furbearers and also permit porcupines to be hunted with a hunting license or hunted and trapped with a furtaking license, should a hunting or furtaking season, or both, be established each year.

 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 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 § 133.5 are adopted under this authority.

2. Regulatory Requirements

 The final-form rulemaking amends § 133.5 to reclassify porcupines as furbearers and also permit porcupines to be hunted with a hunting license or hunted and trapped with a furtaking license.

3. Persons Affected

 Persons wishing to hunt or trap porcupines in 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

 This final-form rulemaking should not result in additional cost or paperwork.

6. Effective Date

 This 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 § 133.5 to read as set forth at 46 Pa.B. 2680.

 (b) The Executive Director of the Commission shall certify this order and 46 Pa.B. 2680 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 48-395 remains valid for the final adoption of the subject regulation.

[Pa.B. Doc. No. 16-1426. Filed for public inspection August 19, 2016, 9:00 a.m.]


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