RULES AND REGULATIONS

Title 58—RECREATION

GAME COMMISSION

[ 58 PA. CODE CH. 139 ]

Seasons and Bag Limits; Wildlife Management Units

[53 Pa.B. 3100]
[Saturday, June 10, 2023]

 To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) at its April 15, 2023, meeting amends § 139.17 (relating to wildlife management units) to eliminate wildlife management unit (WMU) 2H and return WMU 2G to its original boundary.

 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. 1690 (March 25, 2023).

1. Purpose and Authority

 A uniform system of WMUs was implemented in 2003 to replace the system of multiple, species-specific management units. The primary objective of this new WMU system was to develop and implement wildlife management decisions on a system of more homogenous units based on physiography, land cover and use, human population density and land ownership. WMU boundaries were defined using readily recognizable features on the landscape rather than hard to identify political boundaries. Over the years, the WMUs have undergone periodic reviews and evaluations. Following a recent evaluation of WMU 2H, which was separated out of the footprint of WMU 2G in 2013, it was determined that WMU 2H is too small to effectively collect adequate wildlife and hunter data for big games species. Furthermore, WMU 2H remains similar to WMU 2G in deer harvests and forest habitat measures. As a result, the Commission amends § 139.17 to eliminate WMU 2H and return WMU 2G to its original boundary.

 Section 322(c)(4) of the code (relating to powers and duties of commission) specifically authorizes the commission to ''[d]efine geographic limitations or restrictions.'' 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 § 139.17 are adopted under this authority.

2. Regulatory Requirements

 This final-form rulemaking amends § 139.17 to eliminate WMU 2H and return WMU 2G to its original boundary.

3. Persons Affected

 Persons wishing to hunt or trap game or wildlife within WMUs 2G or 2H may 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 139, are amended by amending § 139.17 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 Director

 Fiscal Note: Fiscal Note 48-492 remains valid for the final adoption of the subject regulation.

Annex A

TITLE 58. RECREATION

PART III. GAME COMMISSION

CHAPTER 139. SEASONS AND BAG LIMITS

§ 139.17. Wildlife management units.

 (a) The divisional line between two or more wildlife management units shall be the center of the highway, natural water course or other natural boundary.

 (b) The outline map of Pennsylvania sets forth wildlife management units.

 

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[Pa.B. Doc. No. 23-759. Filed for public inspection June 9, 2023, 9:00 a.m.]

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