RULES AND REGULATIONS
Title 58—RECREATION
GAME COMMISSION
[58 PA. CODE CH. 141 ]
Hunting and Trapping; General
[47 Pa.B. 7046]
[Saturday, November 18, 2017]To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its September 26, 2017, meeting, amended § 141.18 (relating to permitted devices) to authorize the use of electronic decoys used to hunt waterfowl and doves, electronically heated scent or lure dispensers, and electronic devices that generate and distribute ozone gas for scent control purposes.
This final-form rulemaking will not have an adverse impact on the wildlife resources of this Commonwealth.
The authority for this final-form rulemaking is 34 Pa.C.S. (relating to Game and Wildlife Code) (code).
Notice of proposed rulemaking was published at 47 Pa.B. 4710 (August 12, 2017).
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 has recently been requested to formally review the use of electronic decoys used to hunt waterfowl and dove, 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 likely have no or negligible negative impacts to the previously mentioned principles. As a result, the Commission amends § 141.18 to authorize the use of electronic decoys used to hunt waterfowl and dove, 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 adopted under these authorities.
2. Regulatory Requirements
This final-form rulemaking amends § 141.18 to authorize the use of electronic decoys used to hunt waterfowl and dove, 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 final-form rulemaking.
4. Comment and Response Summary
There were no official comments received regarding this 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 this 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 141, are amended by amending § 141.18 to read as set forth in Annex A.
(b) The Executive Director of the Commission shall certify this order and Annex A and deposit them with the Legislative Reference Bureau as required by law.
(c) This order shall become effective upon publication in the Pennsylvania Bulletin.
BRYAN J. BURHANS,
Executive DirectorFiscal Note: Fiscal Note 48-421 remains valid for the final adoption of the subject regulation.
Annex A
TITLE 58. RECREATION
PART III. GAME COMMISSION
CHAPTER 141. HUNTING AND TRAPPING
Subchapter A. GENERAL § 141.18. Permitted devices.
Notwithstanding the prohibitions in § 141.6 (relating to illegal devices), the following devices may be used to hunt or take wildlife:
(1) 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 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.
(10) Electronic dove decoys used solely for hunting dove.
[Pa.B. Doc. No. 17-1879. Filed for public inspection November 17, 2017, 9:00 a.m.]
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