RULES AND REGULATIONS
Title 58—RECREATION
GAME COMMISSION
[58 PA. CODE CH. 141]
Hunting and Trapping; Small Game
[52 Pa.B. 5469]
[Saturday, August 27, 2022]To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) at its July 9, 2022, meeting adds § 141.30 (relating to wild bobwhite quail recovery area) to create a wild bobwhite quail recovery area surrounding the Letterkenny Army Depot in Greene Township, Franklin County.
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 52 Pa.B. 3105 (May 28, 2022).
1. Purpose and Authority
The Commission adds § 141.30 to create a wild bobwhite quail recovery area surrounding the Letterkenny Army Depot in Greene Township, Franklin County. To maximize the likelihood of successful reintroduction, it is important to avoid any harvest mortality on the reintroduced population, as well as potential negative genetic effects from interbreeding with captive-reared bobwhites. Implementation of a wild bobwhite quail recovery area will provide important protections and facilitate dispersal and expansion of the reintroduced bobwhite quail population. The boundary of the recovery area was developed using major roads surrounding the Letterkenny Army Depot that are easily identified with a minimum distance of 7.4 kilometers (km) beyond the Letterkenny Army Depot boundary. Based on average spring dispersal of quail, the 7.4 km distance should provide an adequate buffer to protect almost all dispersing quail from harvest and minimize the possibility of interbreeding with captive-raised quail originating from beyond the restoration area boundary. The wild bobwhite quail recovery area surrounding the Letterkenny Army Depot will cover 177.65 square miles.
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 addition of § 141.30 is adopted under this authority.
2. Regulatory Requirements
This final-form rulemaking adds § 141.30 to create a wild bobwhite quail recovery area surrounding the Letterkenny Army Depot in Greene Township, Franklin County.
3. Persons Affected
Persons who are interested in hunting bobwhite quail or releasing artificially propagated bobwhite quail in the area surrounding the Letterkenny Army Depot in Greene Township, Franklin County 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 any 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 Jason L. DeCoskey, 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), referred to as the Commonwealth Documents Law and the regulations thereunder, 1 Pa. Code §§ 7.1 and 7.2 (relating to notice of proposed rulemaking required; and adoption of regulations).
(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 authorizing statute, orders that:
(a) The regulations of the Commission, 58 Pa. Code Chapter 141, are amended by adding § 141.30 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 48-477 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 B. SMALL GAME § 141.30. Bobwhite quail recovery area.
(a) Definition. For the purpose of this section, the phrase ''bobwhite quail recovery area'' includes and is limited to portions of Wildlife Management Units 4B and 5A in Franklin County, bounded and described as follows. Beginning in the southwestern extent of the bobwhite quail recovery area at the intersection of Route 30 (Lincoln Highway) and PA-75 (Path Valley Road), proceed east on Route 30 for approximately 15.3 miles to the intersection of Interstate 81. The boundary follows Interstate 81 north for 8.5 miles to exit 24 and continues left on PA-696 (Old Scotland Road). Follow Old Scotland Road north for 2 miles then continue along PA-696 which becomes South Fayette Street. Follow South Fayette Street for 0.5 miles to West King Street. Follow left on West King Street, then right onto Spring Street, bear right onto Roxbury Road. Follow Roxbury Road for 9 miles to PA-641 (meets at Newburg Road, which becomes Forge Hill Road, Timmons Road, then Spring Run Road). The boundary follows PA-641 northwest for 7.5 miles then taking a left turn on Stone Bridge Road. At the end of Stone Bridge Road take a left onto PA-75 (Path Valley Road) and follow PA-75 for 17 miles to the intersection of Route 30 and the point of origin.
(b) Prohibitions. It is unlawful to:
(1) Release artificially propagated quail any time within any area designated as a bobwhite quail recovery area.
(2) Hunt quail within any area designated as a bobwhite quail recovery area.
[Pa.B. Doc. No. 22-1286. Filed for public inspection August 26, 2022, 9:00 a.m.]
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