PROPOSED RULEMAKING

GAME COMMISSION

[58 PA. CODE CH. 133]

Wildlife Classification; Birds; Classification of Birds

[54 Pa.B. 5621]
[Saturday, September 7, 2024]

 To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) proposed at its July 12, 2024, meeting to amend § 133.21 (relating to classification of birds) to update the common and scientific name of Northern Goshawk (Accipiter gentilis) to American Goshawk (Accipiter atricapillus) on the Commonwealth's list of endangered birds.

 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 July 12, 2024, meeting of the Commission. Comments can be sent until September 11, 2024, to the Director, Information and Education, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797.

1. Purpose and Authority

 Based on current scientific findings and changes to accepted nomenclature, the Commission is proposing to amend § 133.21 to update the common and scientific name of Northern Goshawk (Accipiter gentilis) to American Goshawk (Accipiter atricapillus) on the Commonwealth's list of endangered birds. Formerly considered a single species, goshawks in Europe and North America were split into separate species in the 64th Supplement to the American Ornithological Society's Checklist of North American Birds due to genetic and behavioral differences. The European species, Northern Goshawk (Accipiter gentilis), retained the original common and scientific names and the North American species, American Goshawk (Accipiter atricapillus) received new common and scientific names. These changes do not affect protection or management of goshawks within this Commonwealth, but update the Commonwealth's list to reflect the current taxonomic resolution of each species, maintaining the agency's science-based approach to wildlife management.

 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 proposed under this authority.

2. Regulatory Requirements

 This proposed rulemaking will amend § 133.21 to update the common and scientific name of Northern Goshawk (Accipiter gentilis) to American Goshawk (Accipiter atricapillus) on the Commonwealth's list of endangered birds.

3. Persons Affected

 Persons concerned with American Goshawk (Accipiter atricapillus) 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 about this proposed rulemaking, contact Jason L. DeCoskey, Director, Bureau of Wildlife Protection, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717) 783-6526.

STEPHEN SMITH, 
Executive Director

 Fiscal Note: 48-509. 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.

 (i) King Rail (Rallus elegans)

*  *  *  *  *

 (xvi) Upland Sandpiper (Batramia longicauda)

 (xvii) [Northern] American Goshawk (Accipiter [gentilis] atricapillus)

 (2) Threatened.

*  *  *  *  *

[Pa.B. Doc. No. 24-1252. Filed for public inspection September 6, 2024, 9:00 a.m.]

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