RULES AND REGULATIONS
Title 58—RECREATION
GAME COMMISSION
[ 58 PA. CODE CH. 147 ]
Special Permits; Furbearer Hunting-Trapping Permits
[53 Pa.B. 1670]
[Saturday, March 25, 2023]To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) at its January 28, 2023, meeting amends § 147.701 (relating to general) to create a universal reporting period of 48 hours for bobcat, fisher and otter harvests.
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. 6872 (November 5, 2022).
1. Purpose and Authority
Section 147.701 formerly provided a 48-hour reporting period for any person taking a bobcat or fisher and a 24-hour reporting period for any person taking an otter. In 2015, the Commission originally established the shorter reporting window for the 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 amends § 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 adopted under this authority.
2. Regulatory Requirements
This final-form rulemaking amends § 147.701 to create a universal reporting period of 48 hours for bobcat, fisher and otter harvests.
3. Persons Affected
Persons who have acquired an otter harvest permit within this Commonwealth 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 147, are amended by amending § 147.701 to read as set forth in Annex A, with ellipses referring to the existing text of the regulation.
(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 final-form publication in the Pennsylvania Bulletin.
BRYAN J. BURHANS,
Executive DirectorFiscal Note: Fiscal Note 48-487 remains valid for the final adoption of the subject regulation.
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 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, fisher or otter shall report the harvest to the Commission within 48 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. 23-396. Filed for public inspection March 24, 2023, 9:00 a.m.]
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