PROPOSED RULEMAKING

GAME COMMISSION

[58 PA. CODE CH. 147]

Special Permits; Falconry; Classes

[54 Pa.B. 5622]
[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 § 147.103 (relating to classes) to decrease the minimum age eligibility threshold for a general class falconry permit from 18 years of age to 16 years of age.

 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

 The Pennsylvania Falconry and Hawk Trust (PFHT) approached the Commission with a request to decrease the Commonwealth's minimum age eligibility threshold for a general class falconry permit from 18 years of age to 16 years of age. Under 50 CFR 21.82 (relating to falconry standards and falconry permitting), Federal regulations set the minimum age eligibility threshold at 16 years of age. While states cannot go below this threshold, they can raise the threshold higher. The Commonwealth historically maintained the minimum age eligibility threshold for a general class falconry permit at 18 years of age. The Commission has not identified a significant biological or safety concern that would necessitate maintaining the 18 years of age threshold. As a result, the Commission is proposing to amend § 147.103 to decrease the minimum age eligibility threshold for a general class falconry permit from 18 years of age to 16 years of age.

 Section 2901(b) of the code (relating to authority to issue permits) provides ''the commission may, as deemed necessary to properly manage the game or wildlife resources, promulgate regulations for the issuance of any permit and promulgate regulations to control the activities which may be performed under authority of any permit issued.'' The amendments to § 147.103 are proposed under this authority.

2. Regulatory Requirements

 This proposed rulemaking will amend § 147.103 to decrease the minimum age eligibility threshold for a general class falconry permit from 18 years of age to 16 years of age.

3. Persons Affected

 Persons under the age of 18 who are interested in participating in falconry activities within this Commonwealth may 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: 48-510. No fiscal impact; recommends adoption.

Annex A

TITLE 58. RECREATION

PART III. GAME COMMISSION

CHAPTER 147. SPECIAL PERMITS

Subchapter F. FALCONRY

§ 147.103. Classes.

*  *  *  *  *

 (b) General. Permittees of the general class shall be subject to the following requirements and limitations:

 (1) Permittees shall be [18] 16 years of age or older.

*  *  *  *  *

[Pa.B. Doc. No. 24-1253. Filed for public inspection September 6, 2024, 9:00 a.m.]

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