PROPOSED RULEMAKING

GAME COMMISSION

[58 PA. CODE CH. 141]

Hunting and Trapping; General

[52 Pa.B. 6871]
[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 § 141.6 (relating to illegal devices) to allow the use of body gripping traps with a spread larger than 6 1/2" × 6 1/2" for river otters.

 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. Com-ments 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

 Currently, § 141.6 states that ''It is unlawful to. . . [u]se body gripping traps with a spread larger than 6 1/2" × 6 1/2" for a furbearer except beaver.'' The agency has allowed body gripping traps to be used for otter trapping since the creation of the season, but only up to the 6 1/2" × 6 1/2" size. The Commission is proposing to amend § 141.6 to allow the use of body gripping traps with a spread larger than 6 1/2" × 6 1/2" for river otters as well. The Commission has determined that there are no significant biological concerns with this change.

 Section 2102(d) of the code (relating to regulations) authorizes the Commission to ''. . .promulgate regulations stipulating the size and type of traps, the type of firearms and ammunition and other devices which may be used, the manner in which and the location where the devices may be used, the species the devices may be used for and the season when the devices may be used.'' The amendments to § 141.6 are proposed under this authority.

2. Regulatory Requirements

 This proposed rulemaking will amend § 141.6 to allow the use of body gripping traps with a spread larger than 6 1/2" × 6 1/2" for river otters as well.

3. Persons Affected

 Persons wishing to use body gripping traps with a spread larger than 6 1/2" × 6 1/2" to harvest an otter 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: 48-488. No fiscal impact; (8) recommends adoption.

Annex A

TITLE 58. RECREATION

PART III. GAME COMMISSION

CHAPTER 141. HUNTING AND TRAPPING

Subchapter A. GENERAL

§ 141.6. Illegal devices.

 It is unlawful to:

*  *  *  *  *

 (2) Use snares to take wildlife or furbearers except beavers may be taken with snares completely or partially submerged in water in a waterway or watercourse, marsh, pond or dam.

 (3) Use body gripping traps with a spread larger than 6 1/2" × 6 1/2" for [a furbearer] any furbearer, except beaver and otter.

 (4) Use a cage or box trap capable of catching more than one furbearer at a time.

*  *  *  *  *

[Pa.B. Doc. No. 22-1694. Filed for public inspection November 4, 2022, 9:00 a.m.]

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