PROPOSED RULEMAKING
[ 58 PA. CODE CH. 139 ]
Seasons and Bag Limits; Wildlife Management Units
[47 Pa.B. 1486]
[Saturday, March 11, 2017]To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) proposed at its January 31, 2017, meeting to amend § 139.17 (relating to wildlife management units) to expand wildlife management unit (WMU) 2E southward into WMU 2C to realign the southwest boundary line of WMU 2E from Route 422 to Route 22.
This proposed rulemaking will not have an adverse impact on the wildlife resources of this Commonwealth.
The authority for this proposed rulemaking is 34 Pa.C.S. (relating to Game and Wildlife Code) (code).
This proposed rulemaking was made public at the January 31, 2017, meeting of the Commission. Comments can be sent until March 24, 2017, to the Director, Information and Education, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797.
1. Purpose and Authority
A uniform system of WMUs was implemented in 2003 to replace the system of multiple species-specific management units. The primary objective of this new WMU system was to develop and implement wildlife management decisions on a system of more homogenous units based on physiographic, land cover and use, human population density and land ownership. WMU boundaries were defined using readily recognizable features on the landscape rather than hard to identify political boundaries. In 2008, the Commission conducted a 5-year evaluation of the structure of the WMU system which resulted in the development and implementation of four WMU map revisions. The Commission has again conducted an evaluation of the structure of the WMU system and developed a WMU map revision to expand WMU 2E southward into WMU 2C to realign the southwest boundary line of WMU 2E from Route 422 to Route 22.
Section 322(c)(4) of the code (relating to powers and duties of commission) specifically authorizes the commission to ''[d]efine geographic limitations or restrictions.'' Section 322(c)(6) of the code specifically empowers the commission to ''[l]imit the number of hunters or furtakers in any designated area and prescribe the lawful methods of hunting or taking furbearers in these areas.'' 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 § 139.17 are proposed under this authority.
2. Regulatory Requirements
This proposed rulemaking will amend § 139.17 to expand WMU 2E southward into WMU 2C to realign the southwest boundary line of WMU 2E from Route 422 to Route 22.
3. Persons Affected
Persons wishing to hunt or take game or wildlife within WMUs 2C and 2E may be affected by this proposed rulemaking.
4. Cost and Paperwork Requirements
This proposed rulemaking should not result in additional cost or paperwork.
5. Effective Date
This 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 this 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 DirectorFiscal Note: 48-404. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 58. RECREATION
PART III. GAME COMMISSION
CHAPTER 139. SEASONS AND BAG LIMITS § 139.17. Wildlife management units.
(a) The divisional line between two or more wildlife management units shall be the center of the highway, natural water course or other natural boundary.
(b) The outline map of Pennsylvania sets forth wildlife management units.
(Editor's Note: As part of this proposed rulemaking, the Commission is proposing to replace the map which appears in 58 Pa. Code page 139-18, serial page (381018), with the following map.)
New WMU 2C—From the West Virginia/PA state line, US Route 119 north to Toll Road Route 66 near New Stanton. Toll Road Route 66 north to US Route 22 near Delmont. US Route 22 east to I-99 near Hollidaysburg. I-99 south to US Route 220 near Bedford. US Route 220 south to the Maryland/PA state line.
New WMU 2E—From near DuBois, I-80 east to PA Route 53 near Kylertown. PA Route 53 south to US Route 22 near Cresson. US Route 22 west to US Route 119 near Blairsville. US Route 119 north to US Route 219 near DuBois. US Route 219 north to I-80 near DuBois.
[Pa.B. Doc. No. 17-421. Filed for public inspection March 10, 2017, 9:00 a.m.]
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