PROPOSED RULEMAKING
GAME COMMISSION
[58 PA. CODE CH. 147]
Special Permits; Sale of Inedible Parts of Wildlife
[29 Pa.B. 4169] To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) at its June 8, 1999, meeting, proposed the following amendments:
Amend § 147.2 (relating to general) by the addition of subsection (d) that will require new permit applicants to show proof they are authorized by their local governmental body to conduct the activity specified on the permit.
Add § 147.146 (relating to sale of inedible wildlife parts) which provides for the sale of inedible parts of wildlife under certain conditions as provided in the amendment to section 2312 of the Game and Wildlife Code with the passage of the act of December 21, 1998 (P. L. 986, No. 166) (Act 166).
These proposed amendments will have no adverse impact on the wildlife resources of this Commonwealth.
The authority for this proposal is 34 Pa.C.S. (relating to Game and Wildlife Code) (code).
These proposals were made public at the June 8, 1999, meeting of the Commission, and comments on these proposals can be sent to the Executive Director of the Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, until August 31, 1999.
Proposed Amendment to § 147.2
1. Introduction
To more effectively administer the wildlife permit system of the Commonwealth, the Commission at its June 8, 1999, meeting proposed changing § 147.2 to add subsection (d) requiring documentation that the privilege granted by a permit does not violate any local zoning ordinances or other local rule. This addition is being proposed under authority contained in section 2901(b) of the code (relating to regulations for permits).
2. Purpose and Authority
The Commission is charged with the responsibility of regulating and issuing permits for the possession of game and wildlife and activities associated with that possession. Current permit regulations do not take into account local land use and other ordinances which may impact on that possession or those activities. As a result, the Commission may issue a permit which allows possession of wildlife or an activity that violates local law. A good example would be a permit for possession of a tiger in a residential neighborhood. The proposed addition would deal with these types of situations.
Section 2901(b) of the code authorizes the Commission to promulgate regulations ''. . . for the issuance of any permit or . . . to control the activities which may be performed under authority of any permit issued.'' This provision is the basis for the proposed change.
3. Regulatory Requirements
The proposed change would require all new applicants for permits to provide documentation that the proposed possession or activity complies with local requirements.
4. Persons Affected
Persons wishing to apply for a Commission permit would be affected by the proposed requirement.
5. Cost and Paperwork Requirements
There would be no additional charges imposed by the Commission. Municipalities may charge for furnishing the required documentation.
Proposed Addition of § 147.146
1. Introduction
To more effectively manage the wildlife resources of this Commonwealth, the Commission at its meeting held on June 8, 1999, proposed adding § 147.146 to allow the sale of inedible wildlife parts in very limited circumstances. This addition is authorized by sections 2102 and 2312(c)(2) of the code (relating to regulations; and buying and selling game) as recently amended by Act 166.
2. Purpose and Authority
Act 166, added a new subsection (2), to section 2312(c) of the code which provides as follows: ''(2) The commission may by regulation, authorize the buying and selling of inedible parts of game and wildlife as it deems appropriate.'' One of the primary reasons for this change was the illegality of ''forced sales'' such as when owners of preserved wildlife died and their heirs did not wish to keep the wildlife. This proposed addition would legalize these sales and establish procedures to be followed.
Act 166 specifically authorizes the Commission to legalize buying and selling of inedible parts of game and wildlife by regulation. In addition, section 2102 of the code directs the Commission to promulgate regulations as it deems necessary and appropriate concerning game or wildlife. These provisions form the basis for the proposed change.
3. Regulatory Requirements
The proposed changes would require those wishing to sell lawfully taken inedible parts of wildlife to obtain a permit from the Commission, which would be good for 60 days.
4. Persons Affected
Those wishing to buy or sell lawfully taken wildlife in this Commonwealth under the appropriate circumstances would be affected by the proposed addition.
5. Cost and Paperwork Requirements
Those desiring to sell wildlife shall first obtain a permit from a Game Commission Officer by submitting an application on a Form PGC-12 and paying a $25 permit fee.
6. Effective Date
These proposed changes would be effective on final publication in the Pennsylvania Bulletin and would remain in effect until changed by the Commission.
7. Contact Person
For further information on the proposed changes, contact Thomas R. Littwin, Acting Director, Bureau of Law Enforcement, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717) 783-6526.
VERNON R. ROSS,
Executive DirectorFiscal Note: 48-113. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 58. RECREATION
PART III. GAME COMMISSION
CHAPTER 147. SPECIAL PERMITS
Subchapter A. GENERAL PROVISIONS § 147.2. General.
* * * * * (d) Applications for permits issued under this part and Chapter 29 of the act (relating to special licenses and permits) shall be accompanied by written documentation from the applicant's local governmental body where the activity will take place, that the privilege granted by the permit does not violate any enacted zoning, ordinance or other local rule. Documentation shall be provided in writing by official correspondence from an authorized officer of the municipality involved.
Subchapter H. PROTECTED SPECIMEN § 147.146. Sale of inedible wildlife parts.
(a) Wildlife lawfully taken within this Commonwealth that has been mounted, tanned or completely prepared for study or display in accordance with generally accepted taxidermy procedures may be sold if one of the following conditions is met:
(1) The original owner is deceased.
(2) The original owner's assets are being liquidated.
(b) Before selling a specimen, a permit shall be obtained from a Commission officer.
(c) An executed copy of the permit application (PGC-12) shall list the items to be sold. The permit is not valid for more than 60 days.
(d) The fee for a permit issued under this section is $25.
(e) The original owner of a specimen may donate the specimen to a wildlife conservation organization, which may then sell the specimen without a permit for fund raising purposes.
(f) Second and subsequent owners of wildlife parts acquired in accordance with section 2312(c)(1) of the act (relating to buying and selling of game) may sell the parts if included as part of a manufactured or finished product.
(g) A person violating this section shall be subject to the penalties provided in section 2312 of the act.
[Pa.B. Doc. No. 99-1276. Filed for public inspection August 6, 1999, 9:00 a.m.]
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