PROPOSED RULEMAKING

GAME COMMISSION

[ 58 PA. CODE CH. 131 ]

Preliminary Provisions; Replacement Costs for Wildlife Killed

[51 Pa.B. 5687]
[Saturday, September 4, 2021]

 To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) proposed at its July 24, 2021, meeting to amend § 131.8 (relating to replacement costs for wildlife killed) to increase replacement costs for peregrine falcons from $200 to $2,500.

 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 July 24, 2021, meeting of the Commission. Comments can be sent until September 8, 2021, to the Director, Information and Education, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797.

1. Purpose and Authority

 The population of nesting peregrine falcons (Falco peregrinus) in this Commonwealth has continued to increase since the Commission's upgrade of the species from endangered to threatened. This action follows the Commission's Peregrine Falcon Management Plan (dated 2013) in which objectives for delisting the species were established. Section 925(i) of the code (relating to jurisdiction and penalties) states that ''[i]n addition to the fines and costs imposed for violations pursuant to subsection (b), the costs incurred by the commission for the replacement of the species involved in the violation shall be assessed by the magisterial district judge in such amount as is fixed by regulation of the commission.'' Upon the peregrine falcon's delisting, replacement costs for this species will be reduced from $5,000 to a default of $200. Notwithstanding its efforts to delist the peregrine falcon, the Commission has determined that the species necessitates further protection from unlawful takings in the form of increased replacement costs upon its effective delisting date. The Commission is proposing to amend § 131.8 to increase replacement costs for peregrine falcons from $200 to $2,500.

 Section 2102(a) of the code (relating to regulations) provides that ''The 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 § 131.8 are proposed under this authority.

2. Regulatory Requirements

 This proposed rulemaking will amend § 131.8 to increase replacement costs for Peregrine Falcons from $200 to $2,500.

3. Persons Affected

 Persons interested or affected by the classification status of the peregrine falcon (Falco pereginus) will be affected by this proposed rulemaking.

4. Cost and Paperwork Requirements

 This proposed rulemaking should not result in any 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 Jason L. DeCoskey, Director, Bureau of Wildlife Protection, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717) 783-6526.

BRYAN J. BURHANS, 
Executive Director

 Fiscal Note: 48-475. No fiscal impact; (8) recommends adoption.

Annex A

TITLE 58. RECREATION

PART III. GAME COMMISSION

CHAPTER 131. PRELIMINARY PROVISIONS

§ 131.8. Replacement costs for wildlife killed.

 Under section 925(i) of the act (relating to jurisdiction and penalties), in addition to any fines and costs imposed for violations of the act and this title, any person who unlawfully kills or possesses wildlife may be assessed replacement costs according to the following minimum cost scale:

 (1) General class.

 (i) Each threatened or endangered bird or mammal, $5,000.

 (ii) Each bald eagle, golden eagle [or], osprey or peregrine falcon, $2,500.

 (iii) Each elk or black bear, $1,500.

 (iv) Each white-tailed deer, $800.

 (v) Each bobcat or otter, $500.

 (vi) Each wild turkey or beaver, $300.

 (vii) Any other wildlife, $200.

 (2) Trophy class.

 (i) Each elk with a Boone and Crockett green score of 200 [points] inches or more, $5,000.

 (ii) Each white-tailed deer with a Boone and Crockett green score of 115 [points] inches or more, $5,000.

 (iii) Each black bear with a field dressed weight of 350 pounds or more, $5,000.

[Pa.B. Doc. No. 21-1468. Filed for public inspection 2314-55, 2021, 9:00 a.m.]

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