PROPOSED RULEMAKING
GAME COMMISSION
[58 PA. CODE CH. 147]
Special Permits; Furbearer Hunting-Trapping Permits
[52 Pa.B. 6872]
[Saturday, November 5, 2022]To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) proposed at its September 24, 2022, meeting to amend § 147.701 (relating to general) to create a universal reporting period of 48 hours for bobcat, fisher and otter harvests.
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 September 24, 2022, meeting of the Commission. Comments can be sent until January 28, 2023, to the Director, Information and Education, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797.
1. Purpose and Authority
Section 147.701 currently establishes a 48-hour reporting period for any person taking a bobcat or fisher. This section also establishes a 24-hour reporting period for any person taking an otter. The Commission originally established the shorter reporting window for the 2015-2016 otter season to allow Game Wardens to inspect the carcass to confirm it was taken during the open season. Today, after the seventh year of otter trapping, the season has increased from only two open wildlife management units (WMU) and a 3-day season to five open WMUs and an 8-day season. With these expanding opportunities, the Commission's concerns with furtakers harvesting early and reporting during the season have diminished. Furthermore, reporting otter harvests within 48 hours of harvest is now considered acceptable, especially in light of the confusion shared by many furtakers that was caused by the differing reporting periods. The Commission is proposing to amend § 147.701 to create a universal reporting period of 48 hours for bobcat, fisher and otter harvests. The amendments to § 147.701 will not take effect until the 2023-2024 license year. For the 2022-2023 license year, otter reporting will be taken by HuntFishPA, the same method used for reporting bobcat and fisher harvests and CITES tags will be mailed in a similar manner to bobcat CITES tags.
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 § 147.701 are proposed under this authority.
2. Regulatory Requirements
This proposed rulemaking will amend § 147.701 to create a universal reporting period of 48 hours for bobcat, fisher and otter harvests.
3. Persons Affected
Persons holding an otter harvest permit within the Commonwealth 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 DirectorFiscal Note: 48-487. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 58. RECREATION
PART III. GAME COMMISSION
CHAPTER 147. SPECIAL PERMITS
Subchapter S. FURBEARER HUNTING-TRAPPING PERMITS § 147.701. General.
This section provides for permits to be issued for the hunting and trapping of bobcat and the trapping of otter and fisher during the seasons established and in areas designated under § 139.4 (relating to seasons and bag limits for the license year).
* * * * * (4) Tagging requirements are as follows:
(i) A permitted person taking a bobcat, fisher or otter [or fisher] shall immediately, before removing the animal from the location of the taking, fully complete and attach to the animal a carcass tag furnished with the permit. The carcass tag must remain attached to the animal until a Convention on International Trade in Endangered Species (CITES) tag is attached, if applicable, or the animal is mounted, tanned, made into a commercial fur or prepared for consumption.
(ii) A permitted person taking a bobcat [or], fisher or otter shall report the harvest to the Commission within 48 hours of the taking by a means specified by the Director. [A permitted person taking an otter shall report the harvest to the Commission within 24 hours of the taking by a means specified by the Director.]
(iii) A CITES tag for a bobcat or otter taken under this permit will be provided by the Commission in the event that the bobcat, otter or any parts thereof are exported internationally or upon request of the permittee. The CITES tag shall immediately be locked through the eyes of the pelt or, in the event of any other part, locked through and attached to the part. The CITES tag must remain attached to the animal until it is mounted, tanned, made into a commercial fur or prepared for consumption.
* * * * *
[Pa.B. Doc. No. 22-1695. Filed for public inspection November 4, 2022, 9:00 a.m.]
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