PROPOSED RULEMAKING
[ 58 PA. CODE CH. 147 ]
Special Permits; Falconry
[47 Pa.B. 2777]
[Saturday, May 13, 2017]To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its March 28, 2017, meeting, proposed to amend §§ 147.106a and 147.111b (relating to nonresident falconers; and Arctic Peregrine Falcon limited take special permit) to expand the limited take of Arctic Peregrine Falcons (Falco peregrinus tundrius) within this Commonwealth to also include general class and nonresident falconry permit holders.
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 March 24, 2017, meeting of the Commission. Comments can be sent until June 23, 2017, to the Director Information and Education, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797.
1. Purpose and Authority
The United States Fish and Wildlife Service (USFWS) has the authority to grant states within the Atlantic Flyway the ability to permit certain qualified falconers the opportunity to take passage Arctic Peregrine Falcons for falconry purposes. Various states within the Atlantic Flyway, including the Commonwealth, participate in the limited allowable take of passage Arctic Peregrine Falcons. The Commission expects the USFWS to issue a moderate increase to the Commonwealth's annual allocation of Arctic Peregrine Falcon take authorization. The Commission has determined that an increase in the Commonwealth's take allowance justifies expansion of this program's eligibility class to include a greater range of eligible participants. The Commission is proposing to amend §§ 147.106b and 147.111b to expand the limited take of Arctic Peregrine Falcons in this Commonwealth to also include general class and nonresident falconry permit holders.
Section 2901(b) of the code (relating to authority to issue permits) provides ''the commission may, as deemed necessary to properly manage the game or wildlife resources, promulgate regulations for the issuance of any permit and promulgate regulations to control the activities which may be performed under authority of any permit issued.'' The amendments to §§ 147.106a and 147.111b are proposed under this authority.
2. Regulatory Requirements
This proposed rulemaking will amend §§ 147.106b and 147.111b to expand the limited take of Arctic Peregrine Falcons within this Commonwealth to also include general class and nonresident falconry permit holders.
3. Persons Affected
Persons wishing to take Arctic Peregrine Falcons within this Commonwealth under a falconry permit will 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.
BRYAN J. BURHANS,
Executive DirectorFiscal Note: 48-419. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 58. RECREATION
PART III. GAME COMMISSION
CHAPTER 147. SPECIAL PERMITS
Subchapter F. FALCONRY § 147.106a. Nonresident falconers.
* * * * * (c) Taking restriction. Taking restrictions for nonresidents are as follows:
* * * * * (10) Raptors taken under the authority of this permit shall be used for falconry purposes only.
(11) Raptors taken under the authority of this permit may only be captured by devices authorized under § 147.105a(4) (relating to resident falconers).
§ 147.111b. Arctic Peregrine Falcon limited take special permit.
* * * * * (c) Eligibility.
[(1) Applications will only be accepted from persons who possess a current and valid master class falconry permit issued under this subchapter and a Pennsylvania resident hunting license.
(2) Applicants shall be a resident of this Commonwealth.]
(1) Applications will only be accepted from persons who meet all of the following criteria:
(i) Applicants shall possess a current and valid master or general class falconry permit issued under this subchapter.
(ii) Applicants shall possess a current and valid Pennsylvania hunting license.
(iii) Applicants shall be a resident of this Commonwealth or a nonresident whose home state allows the taking of Arctic Peregrine Falcons by residents of this Commonwealth.
[(3)] (2) Applicants who were successfully drawn for an Arctic Peregrine Falcon limited take special permit during the previous 2 permit years are ineligible to make application.
(d) Drawing.
(1) Each year the Commission will determine the allowable take of Arctic Peregrine Falcons for the season based on the guidelines provided by the United States Fish and Wildlife Service.
(2) If the allowable take authorized for this Commonwealth is one or more in any given year, the Commission will hold a public drawing by August 15 at a location to be determined by the Commission to determine the successful applicants.
(3) The Commission will randomly draw the names of eligible applicants up to and including the total allowable take. The number of permits issued will be based solely on the total allowable take each year. When the total allowable take number is reached, the drawing will be closed and additional permits will not be issued. Resident applications will be drawn first until either the annual allowable take quota or pool of available resident applications is exhausted. If any portion of the annual allowable take quota is available after resident applications are exhausted, then nonresident applications will be drawn until the annual allowable take quota is exhausted.
(4) The Commission will issue an Arctic Peregrine Falcon limited take special permit to successful applicants by August 31 each year.
(e) Authorized activities.
(1) Arctic Peregrine Falcons (Falco peregrinus tundrius) may only be taken by persons [in possession of a valid master class falconry permit, a resident Pennsylvania hunting license and an] who have been issued a valid Arctic Peregrine Falcon limited take special permit and who continue to meet the eligibility criteria in subsection (c)(1).
* * * * *
[Pa.B. Doc. No. 17-815. Filed for public inspection May 12, 2017, 9:00 a.m.]
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