RULES AND REGULATIONS

Title 58—RECREATION

GAME COMMISSION

[ 58 PA. CODE CH. 141 ]

Hunting and Trapping; Small Game

[54 Pa.B. 3033]
[Saturday, June 1, 2024]

 To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) at its April 13, 2024, meeting amends § 141.28 (relating to wild pheasant recovery areas) to eliminate age restriction and permit requirements and provide the Director the authority to annually designate wild pheasant recovery areas (WPRA) to be opened to hunting and establish appropriate season dates and bag limits.

 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 54 Pa.B. 1332 (March 16, 2024).

1. Purpose and Authority

 Pheasant hunting within a WPRA has historically been limited to youth participants who are authorized by permit to hunt in designated pheasant hunt zones within the Central Susquehanna WPRA only. Youth participants are selected for WPRA hunting access permits through a raffle conducted by the Commission. The Commission has determined that these restrictions are no longer necessary because the biological impacts of hunting on wild pheasant populations can be adequately controlled by limiting harvest to male pheasants and by following an annual executive order process specifying whether a season is to be opened and (if opened) the season length and bag limit that will apply. Therefore, the Commission amends § 141.28 to eliminate age restriction and permit requirements and provide the Director the authority to annually designate WPRAs to be opened to hunting and establish appropriate season dates and bag limits. As a result of this regulatory change, all individuals eligible to hunt pheasants Statewide will also be allowed to participate in pheasant hunting within WPRAs, subject to landowner permission.

 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(c) of the code (relating to regulations) directs that ''[t]he commission shall promulgate regulations concerning the transportation, introduction into the wild, importation, exportation, sale, offering for sale or purchase of game or wildlife or the disturbing of game or wildlife in their natural habitat.'' Section 2102(a) of the code 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 § 141.28 are adopted under this authority.

2. Regulatory Requirements

 This final-form rulemaking amends § 141.28 to eliminate age restriction and permit requirements and provide the Director the authority to annually designate WPRAs to be opened to hunting and establish appropriate season dates and bag limits. As a result of this regulatory change, all individuals eligible to hunt pheasants Statewide will also be allowed to participate in pheasant hunting within WPRAs, subject to landowner permission.

3. Persons Affected

 Persons concerned with hunting pheasants in any area designated as a WPRA within this Commonwealth will be affected by this final-form rulemaking.

4. Comment and Response Summary

 There were no official comments received on 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 final-form publication in the Pennsylvania Bulletin and will remain in effect until changed by the Commission.

7. Contact Person

 For further information about 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 141, are amended by amending § 141.28 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.

STEPHEN SMITH, 
Executive Director

 Fiscal Note: Fiscal Note 48-505 remains valid for the final adoption of the subject regulation.

Annex A

TITLE 58. RECREATION

PART III. GAME COMMISSION

CHAPTER 141. HUNTING AND TRAPPING

Subchapter B. SMALL GAME

§ 141.28. Wild pheasant recovery areas.

*  *  *  *  *

 (b) Prohibitions. It is unlawful to:

 (1) Release artificially propagated pheasants any time within any area designated as a WPRA.

 (2) Hunt pheasants within any area designated as a WPRA, except the Director may authorize limited pheasant hunting opportunities in one or more WPRAs. During any year pheasant hunting opportunities are authorized in one or more WPRAs, the Director will designate the WPRAs where the season will be established, the dates of the season, and the daily bag limit.

[Pa.B. Doc. No. 24-759. Filed for public inspection May 31, 2024, 9:00 a.m.]

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