PROPOSED RULEMAKING

GAME COMMISSION

[58 PA. CODE CH. 133]

Wildlife Classification; Birds

[53 Pa.B. 1680]
[Saturday, March 25, 2023]

 To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) proposed at its January 28, 2023, meeting to amend § 133.21 (relating to classification of birds) to update the scientific names of the Yellow-crowned Night-Heron, Sedge Wren and Northern Harrier on the Commonwealth's lists of threatened and endangered birds with current accepted taxonomic nomenclature.

 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 January 28, 2023, meeting of the Commission. Comments can be sent until April 12, 2023, to the Director, Information and Education, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797.

1. Purpose and Authority

 The Commission is proposing to amend § 133.21 to update the scientific names of the Yellow-crowned Night-Heron, Sedge Wren and Northern Harrier on the Commonwealth's lists of threatened and endangered birds with current accepted taxonomic nomenclature. The scientific name for the Yellow-crowned Night-heron was changed from Nycticorax violaceus to Nyctanassa violacea as part of a splitting of genera as published in the 37th Supplement to the American Ornithologists' Union Checklist of North American Birds. The Sedge Wren was split from Grass Wren, a non-migratory Mexican and South American population that retained the Cistothorus platensis scientific name. The new scientific name for the Sedge Wren migratory population and Pennsylvania endangered breeding species is now Cistothorus stellaris. The Northern Harrier has been split from its old world relative the Hen Harrier. The Hen Harrier retained the original scientific name (Circus cyaneus) as the older described species and the Northern Harrier received the new scientific name of Circus hudsonius. These changes do not affect the protection, management or common names of these species, but will keep the Commonwealth's lists consistent with current accepted taxonomic nomenclature.

 Section 322(c)(8) of the code (relating to powers and duties of commission) specifically empowers the Commission to ''Add to or change the classification of any wild bird or wild animal.'' 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 § 133.21 are proposed under this authority.

2. Regulatory Requirements

 This proposed rulemaking will amend § 133.21 to update the scientific names of the Yellow-crowned Night-Heron, Sedge Wren and Northern Harrier on the Commonwealth's lists of threatened and endangered birds with current accepted taxonomic nomenclature.

3. Persons Affected

 Persons concerned with the scientific identification within this 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 Director

 Fiscal Note: 48-494. No fiscal impact; recommends adoption.

Annex A

TITLE 58. RECREATION

PART III. GAME COMMISSION

CHAPTER 133. WILDLIFE CLASSIFICATION

Subchapter B. BIRDS

§ 133.21. Classification of birds.

 The following birds are classified:

 (1) Endangered.

*  *  *  *  *

 (viii) Great Egret (Ardea alba)

 (ix) Yellow-crowned Night-Heron ([Nycticorax violaceus] Nyctanassa violacea)

 (x) Common Tern (Sterna hirundo)

*  *  *  *  *

 (xiii) Dickcissel (Spiza americana)

 (xiv) Sedge Wren (Cistothorus [platensis] stellaris)

 (xv) Yellow-bellied Flycatcher (Empidonax flavi-ventris)

*  *  *  *  *

 (2) Threatened.

 (i) Northern Harrier (Circus [cyaneus] hudsonius)

 (ii) Long-eared Owl (Asio otus)

*  *  *  *  *

[Pa.B. Doc. No. 23-399. Filed for public inspection March 24, 2023, 9:00 a.m.]

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