PROPOSED RULEMAKING
GAME COMMISSION
[58 PA. CODE CH. 137]
Feeding of Certain Wildlife Prohibited
[32 Pa.B. 6134] To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its October 8, 2002, meeting, proposed the following change:
Add § 137.33 (relating to feeding of certain wildlife prohibited) to prohibit the feeding of bears.
The proposed rulemaking will have no adverse impact on the wildlife resources of this Commonwealth.
The authority for the proposed regulation is 34 Pa.C.S. (relating to Game and Wildlife Code) (code).
The proposed rulemaking was made public at the October 8, 2002, meeting of the Commission. Comments can be sent to the Director, Information and Education, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, until December 27, 2002.
1. Introduction
The Commission is proposing to add § 137.33.
2. Purpose and Authority
With increasing bear populations in parts of this Commonwealth, more and more conflicts are taking place between humans and bears. The feeding of bears helps to aggravate the situation by attracting bears to developed areas. The proposed rulemaking will eliminate this factor by making it unlawful to feed bears.
Section 103(a) of the code (relating to ownership, jurisdiction and control of game and wildlife) vests ownership, jurisdiction and control of game or wildlife in the Commission. Section 2102(a) of the code (relating to regulations) directs the Commission to promulgate ''. . . such regulations as it deems necessary and appropriate concerning game or wildlife . . . including regulations relating to the protection, preservation and management of game or wildlife . . . .'' The proposed rulemaking would fulfill these mandates.
3. Regulatory Requirements
The proposed rulemaking would not impose additional requirements, but would prohibit an activity.
4. Persons Affected
Persons living within areas where black bears are located would not be able to intentionally feed bears or cause bears to congregate or habituate in an area.
5. Cost and Paperwork Requirements
The proposed rulemaking should not result in any additional cost or paperwork.
6. Effective Date
The proposed rulemaking will be effective on final-form publication in the Pennsylvania Bulletin and will remain in effect until October 31, 2004, unless a regulation is promulgated reauthorizing it.
7. Contact Person
For further information regarding the proposed rulemaking, contact David E. Overcash, Director, Bureau of Law Enforcement, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717) 783-6526.
VERNON R. ROSS,
Executive DirectorFiscal Note: 48-152. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 58. RECREATION
PART III. GAME COMMISSION
CHAPTER 137. WILDLIFE § 137.33. Feeding of certain wildlife prohibited.
It is unlawful to, except for normal or accepted farming, habitat management practices, oil and gas drilling, mining, forest management activities or other legitimate commercial or industrial practices, intentionally lay or place food, fruit, hay, grain, chemical, salt or other minerals anywhere in this Commonwealth for the purpose of feeding bear, or to intentionally lay or place food, fruit, hay, grain, chemical, salt or other minerals that may cause bear to congregate or habituate an area. If songbird feeders are being used by bears, the Commission may issue a written notice prohibiting the songbird feeding. This section shall expire October 31, 2004, unless a regulation is promulgated reauthorizing it.
[Pa.B. Doc. No. 02-2228. Filed for public inspection December 13, 2002, 9:00 a.m.]
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