PROPOSED RULEMAKING

[58 PA. CODE CH. 141]

Hunting and Trapping; Elk

[33 Pa.B. 2882]

   To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its April 8, 2003, meeting, proposed the following amendment:

   Amend § 141.47 (relating to elk) to make it unlawful to drive or herd elk.

   The proposed rulemaking will have no adverse impact on the wildlife resources of this Commonwealth.

   The authority for the proposed rulemaking is 34 Pa.C.S. (relating to Game and Wildlife Code) (code).

   The proposed rulemaking was made public at the April 8, 2003, meeting of the Commission, and comments can be sent until June 23, 2003, to the Director, Information and Education, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797.

1.  Introduction

   The Commission is proposing to amend § 141.47 to make it unlawful to drive or herd elk.

2.  Purpose and Authority

   Recently the Commission has experienced a number of problems with elk hunters and guides driving elk from one management zone to another or out of safety zones. The proposed rulemaking would make driving or herding elk unlawful.

   Section 2102(a) of the code (relating to regulations) provides that ''The commission shall promulgate such regulations as it deems necessary and appropriate concerning game or wildlife and hunting or furtaking in this Commonwealth, including regulations relating to the protection, preservation and management of game or wildlife and game or wildlife habitat, permitting or prohibiting hunting or furtaking, the ways, manner, methods and means of hunting or furtaking, and the health and safety of persons who hunt or take wildlife or may be in the vicinity of persons who hunt or take game or wildlife in this Commonwealth.'' This provision provides the statutory authority for the proposed amendment.

3.  Regulatory Requirements

   The proposed rulemaking will make it unlawful to drive or herd elk.

4.  Persons Affected

   Persons wishing to hunt elk will be affected by the proposed rulemaking.

5.  Cost and Paperwork Requirements

   The proposed rulemaking should not result in 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 changed by the Commission.

7.  Contact Person

   For further information regarding the proposed rulemaking, contact Michael A. Dubaich, Director, Bureau of Law Enforcement, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717) 783-6526.

VERNON R. ROSS,   
Executive Director

   Fiscal Note:  48-166. No fiscal impact; (8) recommends adoption.

Annex A

TITLE 58.  RECREATION

PART III.  GAME COMMISSION

CHAPTER 141.  HUNTING AND TRAPPING

Subchapter C.  BIG GAME

§ 141.47.  Elk.

   It is unlawful while hunting elk to:

*      *      *      *      *

   (11)  Drive or herd elk.

[Pa.B. Doc. No. 03-1180. Filed for public inspection June 20, 2003, 9:00 a.m.]

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