PROPOSED RULEMAKING
GAME COMMISSION
[ 58 PA. CODE CH. 141 ]
Hunting and Trapping; General
[47 Pa.B. 4710]
[Saturday, August 12, 2017]To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its June 26, 2017, meeting, proposed to amend § 141.18 (relating to permitted devices) to authorize the use of electronic decoys used to hunt waterfowl, electronically heated scent or lure dispensers, and electronic devices that generate and distribute ozone gas for scent control purposes.
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 June 26, 2017, meeting of the Commission. Comments can be sent until September 22, 2017, to the Director, Information and Education, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797.
1. Purpose and Authority
Each year the Commission is asked to review the prospective use of certain devices for hunting or trapping purposes that are otherwise prohibited by statute or regulation. As part of the review process, the Commission generally reviews to what degree use of a given device might negatively impact principles of resource conservation, equal opportunity, fair chase or public safety. The Commission was recently requested to formally review the use of electronic decoys used to hunt waterfowl, electronically heated scent or lure dispensers, and electronic devices that generate and distribute ozone gas for scent control purposes. The Commission reviewed these devices and determined that their use will have no or negligible negative impacts to the previously mentioned principles. As a result, the Commission is proposing to amend § 141.18 to authorize the use of electronic decoys used to hunt waterfowl, electronically heated scent or lure dispensers, and electronic devices that generate and distribute ozone gas for scent control purposes.
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.'' Section 2102(b)(1) of the code authorizes the Commission to ''promulgate regulations relating to seasons and bag limits for hunting or furtaking, the possession of certain species or parts thereof, the number and types of devices and equipment allowed, the identification of devices and the use and possession of devices.'' The amendments to § 141.18 are proposed under these authorities.
2. Regulatory Requirements
This proposed rulemaking will amend § 141.18 to authorize the use of electronic decoys used to hunt waterfowl, electronically heated scent or lure dispensers, and electronic devices that generate and distribute ozone gas for scent control purposes.
3. Persons Affected
Persons wishing to hunt or take wildlife with electronic decoys, electronically heated scent or lure dispensers, and electronic devices that generate and distribute ozone gas for scent control purposes in this Commonwealth will be affected by this proposed rulemaking.
4. Cost and Paperwork Requirements
The proposed rulemaking should not result in an increase in cost and 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 Randy S. Shoup, Director, Bureau of Wildlife Protection, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717) 783-6526.
BRYAN J. BURHANS,
Executive DirectorFiscal Note: 48-421. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 58. RECREATION
PART III. GAME COMMISSION
CHAPTER 141. HUNTING AND TRAPPING
Subchapter A. GENERAL § 141.18. Permitted devices.
[The] Notwithstanding the prohibitions in § 141.6 (relating to illegal devices), the following devices may be used to hunt or take wildlife:
(1) [Any manually operated firearm that uses an electronic impulse to detonate the primer or main powder charge of the ammunition unless those firearms are a specifically prohibited device.] Firearms that use an electronic impulse to initiate discharge of ammunition. This provision is not intended to authorize use of these devices when these firearms are otherwise prohibited devices for the applicable hunting or trapping season.
(2) Electronic sound amplification devices that are incorporated into hearing protection devices and completely contained in or on the hunter's ear.
(3) Electronic devices used for locating dogs while training or hunting, including devices such as e-collars, radio-telemetry dog tracking systems and beeper collars.
(4) Electronic illuminating devices that are affixed at the aft end of a bolt or arrow and used solely for the purpose of locating or tracking bolt or arrow flight after being launched from a crossbow or bow.
(5) Electronic crow decoys used solely for [harvesting] hunting crows.
(6) Electronic rangefinders, including hand-held devices and those contained within a scope or archery sight. This authorization may not be construed to permit a device that emits a light beam, infrared beam, ultraviolet light beam, radio beam, thermal beam, ultrasonic beam, particle beam or other beam that is visible outside of the device or on the target.
(7) Electronically heated scent or lure dispensers. This provision is not intended to authorize use of scents and lures when use is otherwise prohibited by section 2308 of the act (relating to unlawful devices and methods) or § 137.34 or § 137.35 (relating to Chronic Wasting Disease and emergency authority of Director; and Chronic Wasting Disease restrictions).
(8) Electronic devices that generate and distribute ozone gas for scent control purposes.
(9) Electronic waterfowl decoys used solely for hunting waterfowl.
[Pa.B. Doc. No. 17-1340. Filed for public inspection August 11, 2017, 9:00 a.m.]
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