RULES AND REGULATIONS
GAME COMMISSION
[58 PA. CODE CH. 147]
Sale of Wildlife and Wildlife Parts
[32 Pa.B. 4715] To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its July 28, 2002, meeting, adopted the following change:
Amend § 147.141 (relating to sale of wildlife and wildlife parts) to establish prices for the sale of elk or elk parts.
This final-form rulemaking was adopted under the authority of 34 Pa.C.S. (relating to the Game and Wildlife Code) (code).
Notice of proposed rulemaking was published at 32 Pa.B. 2893 (June 15, 2002).
1. Introduction
The Commission is amending § 147.141 to provide a fee schedule for persons who wish to purchase elk or elk parts from the Commission.
2. Purpose and Authority
Under section 103(a) of the code (relating to ownership, jurisdiction and control of game and wildlife), the ownership, jurisdiction over and control of game and wildlife is vested in the Commission. Often game and wildlife comes into the possession of the Commission for various reasons including being accidentally killed on highways, being killed for crop damage or being unlawfully taken or removed from the wild. To avoid waste of these wildlife resources, the Commission issues permits to various persons to possess all or part of game and wildlife. The fee schedule for these permits currently does not include elk.
Section 2102(a) of the code (relating to regulations) authorizes the Commission to promulgate regulations as are necessary concerning game or wildlife in this Commonwealth. Section 2901(b) of the code (relating to authority to issue permits) authorizes the Commission to promulgate regulations for the issuance of any permit. In addition, section 2904(c) of the code (relating to permit fees) authorizes the Commission to set a reasonable fee for any permit required but not specifically set forth in the section. The final-form rulemaking is adopted under this authority.
3. Regulatory Requirements
The final-form rulemaking will provide a fee schedule for persons wishing to purchase elk or elk parts from the Commission.
4. Persons Affected
Persons wishing to purchase elk or elk parts from the Commission will be affected.
5. Comment and Response Summary
There were no official comments received with regard to this final-form rulemaking.
6. Cost and Paperwork Requirements
The final-form rulemaking will result in fees being established to obtain a permit to possess elk or elk parts.
7. Effective Date
The final-form rulemaking will be effective on final publication in the Pennsylvania Bulletin and will remain in effect until changed by the Commission.
8. Contact Person
For further information regarding this final-form rulemaking, contact David E. Overcash, Director, Bureau of Law Enforcement, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717) 783-6526.
Findings
The Commission finds that:
(1) Public notice of intention to adopt the administrative amendment 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) and the regulations thereunder, 1 Pa. Code §§ 7.1 and 7.2.
(2) The adoption of the amendment 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 § 147.141 to read as set forth in Annex A.
(b) The Executive Director of the Commission shall submit this order and Annex A and deposit them with the Legislative Reference Bureau as required by law.
(c) This order shall become effective upon final-form publication in the Pennsylvania Bulletin.
VERNON R. ROSS,
Executive DirectorFiscal Note: Fiscal Note 48-145 remains valid for the final adoption of the subject regulations.
Annex A
TITLE 58. RECREATION
PART III. GAME COMMISSION
CHAPTER 147. SPECIAL PERMITS
Subchapter H. PROTECTED SPECIMEN § 147.141. Sale of wildlife and wildlife parts.
(a) Wildlife or parts of wildlife accidentally killed on the highway or by other causes, illegally taken, shot for crop damage or live deer removed from the wild, may be sold to a person under the following minimum fee schedule:
(1) Deer antlers--$10 per point.
(2) Deer cape--to include entire hide--$25.
(3) Doe or spike buck head and hide--$25.
(4) Fawn deer--$75.
(5) Any live deer--$150.
(6) Deer hide only--$5.
(7) Pheasant, grouse, quail, squirrel, rabbit, hare, woodchuck, mink, muskrat, opossum, skunk, weasel and raccoon--$25.
(8) Other small mammals--$25.
(9) Turkey, beaver and fox--$50.
(10) Bobcat, otter and fisher--$100.
(11) Bears--minimum of $100.
(12) Cow or spike elk head and hide--$100.
(13) Elk cape--to include entire head--$100 plus $20 per point.
(14) Elk antlers--$20 per point.
(15) Elk hide--$25.
(16) Live elk--minimum of $100.
(17) Any other species may be sold at public auction or through sealed bid.
(b) An official Commission receipt shall serve as a person's permit to possess and retain the wildlife sold under authority of subsection (a).
(c) Live deer may only be sold to persons holding an existing and current Wildlife Propagation or Wildlife Menagerie Permit.
(d) Except those accidentally killed by a vehicle, sales of wildlife or wildlife parts may not be made to the person who caused the death or removal from the wild of the bird or animal or a member of the immediate household, or a person acting on their behalf.
[Pa.B. Doc. No. 02-1676. Filed for public inspection September 27, 2002, 9:00 a.m.]
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