RULES AND REGULATIONS

Title 58—RECREATION

GAME COMMISSION

[ 58 PA. CODE CH. 147 ]

Special Permits; Falconry

[48 Pa.B. 1680]
[Saturday, March 24, 2018]

 To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its January 30, 2018, meeting amended § 147.102 (relating to application, examination and fees) to expand the examination period to year-round testing and to require advance scheduling of examinations.

 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. 7052 (November 18, 2017).

1. Purpose and Authority

 Each year the Commission facilitates the examination of persons seeking a falconry permit. Historically, this testing process has only been available from January 1 through June 30 each year. In an effort to provide greater opportunity for falconry applicants, the Commission amends § 147.102 to expand the examination period to year-round testing and to require advance scheduling of examinations.

 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 § 147.102 are adopted under this authority.

2. Regulatory Requirements

 This final-form rulemaking amends § 147.102 to expand the examination period to year-round testing and to require advance scheduling of examinations.

3. Persons Affected

 Persons wishing to apply for a falconry permit in this Commonwealth may 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 final-form 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 Randy S. Shoup, 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 147, are amended by amending § 147.102 to read as set forth at 47 Pa.B. 7052.

 (b) The Executive Director of the Commission shall certify this order and 47 Pa.B. 7052 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.

BRYAN J. BURHANS, 
Executive Director

 Fiscal Note: Fiscal Note 48-422 remains valid for the final adoption of the subject regulation.

[Pa.B. Doc. No. 18-441. Filed for public inspection March 23, 2018, 9:00 a.m.]

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