RULES AND REGULATIONS
Title 58—RECREATION
GAME COMMISSION
[ 58 PA. CODE CH. 133 ]
Wildlife Classification; Birds
[53 Pa.B. 3084]
[Saturday, June 10, 2023]To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) at its April 15, 2023, meeting amends § 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 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 53 Pa.B. 1680 (March 25, 2023).
1. Purpose and Authority
The Commission amends § 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 scientific name of Cistothorus platensis. 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 of 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 ''[a]dd to or change the classification of any wild bird or wild animal.'' Section 2102(a) of the code (relating to regulations) provides that ''[t]he 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 adopted under this authority.
2. Regulatory Requirements
This final-form rulemaking amends § 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 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 additional costs 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 133, are amended by amending § 133.21 to read as set forth in Annex A, with ellipses referring to the existing text of the regulations.
(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 48-494 remains valid for the final adoption of the subject regulation.
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 (Nyctanassa violacea)
(x) Common Tern (Sterna hirundo)
* * * * * (xiii) Dickcissel (Spiza americana)
(xiv) Sedge Wren (Cistothorus stellaris)
(xv) Yellow-bellied Flycatcher (Empidonax flavi-ventris)
* * * * * (2) Threatened.
(i) Northern Harrier (Circus hudsonius)
(ii) Long-eared Owl (Asio otus)
* * * * *
[Pa.B. Doc. No. 23-755. Filed for public inspection June 9, 2023, 9:00 a.m.]
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