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PA Bulletin, Doc. No. 01-1563

PROPOSED RULEMAKING

GAME COMMISSION

[58 PA. CODE CH. 137]

Possession of Live Wildlife

[31 Pa.B. 4654]

   To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) at its June 12, 2001, meeting, proposed the following amendments:

   Amend § 137.31 (relating to possession of live wildlife) by limiting the number of live foxes that may be taken from the wild for the purpose of collecting fox urine, and establishing guidelines relating to same.

   This amendment 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).

   This proposal was made public at the June 12, 2001, meeting of the Commission, and comments on this proposal can be sent to the Director of Information and Education, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, until September 21, 2001.

1.  Introduction

   To better manage the number of live foxes being collected and held from the wild, the Commission at its June 12, 2001, meeting proposed placing a limit on the number of foxes that can be held for urine collection purposes. The possession of live foxes for urine collection by a permittee under § 137.31(a)(1), is an exception to § 137.31(a), which makes it unlawful to take or possess live wildlife taken from the wild. The proposal would limit the number of live foxes that can be held for urine collection to five. This change is proposed under authority contained in section 2901(b) of the code (relating to authority to issue permits).

2.  Purpose and Authority

   As indicated in the Introduction, § 137.31(a) makes it unlawful to possess game or wildlife unlawfully taken from the wild. Section 137.31(a)(1) currently makes an exception for a person to possess live foxes taken from a wild state in this Commonwealth, under a permit issued for the collection of fox urine. The proposed change would limit this exception to five foxes.

   Section 2901(b) of the code permits the Commission to adopt regulations to properly manage game and wildlife and control activities performed under to a permit. This section provides the authority for the proposed change.

3.  Regulatory Requirements

   The proposed change would limit the number of live foxes a permittee may keep under the current exception provision in § 137.31.

4.  Persons Affected

   Persons wishing to keep live foxes may be affected by the proposed change.

5.  Cost and Paperwork Requirements

   The proposed change should not result in any additional cost or paperwork.

6.  Effective Date

   The proposed change will be effective on final publication in the Pennsylvania Bulletin and will remain in effect until changed by the Commission.

7.  Contact Person

   For further information regarding this change, contact David E. Overcash, Director, Bureau of Law Enforcement, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717) 783-6526.

VERNON R. ROSS,   
Executive Director

   Fiscal Note:  48-133. No fiscal impact; (8) recommends adoption.

Annex A

TITLE 58.  RECREATION

PART III.  GAME COMMISSION

CHAPTER 137.  WILDLIFE

§ 137.31.  Possession of live wildlife.

   (a)  It is unlawful for a person to possess live wildlife taken from a wild state within this Commonwealth [.] except:

   (1)  [A permit issued to a person for the collection of fox urine is excepted from this section. A permittee may possess live fox only.] A permit to possess no more than five live foxes may be issued to a person for the sole purpose of collecting fox urine. The permit to possess live fox will expire on the last day of the fox-trapping season. Any foxes held under the authority of this permit shall be euthanized and may be pelted and the pelt may be sold. No fox held under the authority of this permit may be released into the wild.

   (2)  A person lawfully operating under the authority of a permit issued in accordance with the act is excepted from this section.

*      *      *      *      *

[Pa.B. Doc. No. 01-1563. Filed for public inspection August 24, 2001, 9:00 a.m.]


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