RULES AND REGULATIONS

Title 58—RECREATION

GAME COMMISSION

[58 PA. CODE CH. 147]

Special Permits; Falconry

[54 Pa.B. 6708]
[Saturday, October 26, 2024]

 To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) at its September 20, 2024, meeting amends § 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 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. 5622 (September 7, 2024).

1. Purpose and Authority

 The Pennsylvania Falconry and Hawk Trust recently 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 amends § 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 adopted under this authority.

2. Regulatory Requirements

 This final-form rulemaking amends § 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 18 years of age who are interested in participating in falconry activities within this Commonwealth may 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 147, are amended by amending § 147.103 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 48-510 remains valid for the final adoption of the subject regulation.

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 16 years of age or older.

*  *  *  *  *

[Pa.B. Doc. No. 24-1526. Filed for public inspection October 25, 2024, 9:00 a.m.]

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