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PA Bulletin, Doc. No. 18-821

RULES AND REGULATIONS

Title 58—RECREATION

GAME COMMISSION

[ 58 PA. CODE CH. 141 ]

Hunting and Trapping; Hunting Hours

[48 Pa.B. 3089]
[Saturday, May 26, 2018]

 To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its April 24, 2018, meeting, amended Chapter 141, Appendix G (relating to hunting hours) to replace the current hunting hours table and migratory bird hunting hours table to accurately reflect the dates and hours of legal hunting for the 2018-2019 hunting/trapping license year. The Commission also amended § 141.4 (relating to hunting hours) by eliminating the hunting hours closure of mourning dove season prior to noon during the first mourning dove season.

 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 48 Pa.B. 1683 (March 24, 2018).

1. Purpose and Authority

 The Commission amends Appendix G to replace the current hunting hours table and migratory bird hunting hours table to accurately reflect the dates and hours of legal hunting for the 2018-2019 hunting license year. The Commission also amends § 141.4 by eliminating the hunting hours closure of mourning dove season prior to noon during the first mourning dove season. The Commission has progressively expanded the length of the first mourning dove season over the past few years and has determined that a simplified hunting hours standard is preferred over a split hunting hours structure or an extension of the restricted hunting hours period during the now longer first mourning dove season. The deletion of this text will cause hunting hours for mourning dove hunting to default to the hunting hours standard for migratory birds—1/2 hour before sunrise until sunset.

 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 § 141.4 and Appendix G are adopted under this authority.

2. Regulatory Requirements

 This final-form rulemaking amends Appendix G by replacing the current hunting hours table and migratory bird hunting hours table to accurately reflect the dates and hours of legal hunting for the 2018-2019 hunting/trapping license year. This final-form rulemaking also amends § 141.4 by eliminating the hunting hours closure of mourning dove season prior to noon during the first mourning dove season.

3. Persons Affected

 Persons wishing to hunt or trap game or wildlife, including mourning dove, within this Commonwealth during the 2018-2019 hunting/trapping license year 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 July 1, 2018, to June 30, 2019.

7. Contact Person

 For further information regarding this final-form rulemaking, contact Randy L. 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 141, are amended by amending § 141.4 and Appendix G to read as set forth at 48 Pa.B. 1683.

 (b) The Executive Director of the Commission shall certify this order and 48 Pa.B. 1683 and deposit them with the Legislative Reference Bureau as required by law.

 (c) This order shall be effective July 1, 2018, to June 30, 2019.

BRYAN J. BURHANS, 
Executive Director

 Fiscal Note: Fiscal Note 48-426 remains valid for the final adoption of the subject regulations.

[Pa.B. Doc. No. 18-821. Filed for public inspection May 25, 2018, 9:00 a.m.]


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