PROPOSED RULEMAKING
[58 PA. CODE CH. 141]
Hunting and Trapping; Furbearer Tagging Requirements
[34 Pa.B. 1942] To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its January 27, 2004, meeting, proposed the following amendment:
Amend § 141.5 (relating to furbearer tagging requirements) to eliminate fur tagging requirements for beaver.
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 January 27, 2004, meeting of the Commission. Comments can be sent until April 16, 2004, to the Director, Information and Education, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797.
1. Introduction
The Commission is proposing to amend § 141.5 to eliminate fur tagging requirements for beaver.
2. Purpose and Authority
To lawfully possess or transfer beaver pelts from this Commonwealth, current regulations require a trapper to first obtain a tag from the Commission to be secured upon the pelt. At one time the information gathered from the beaver tagging process was considered essential data by the Commission in maintaining and monitoring beaver populations across this Commonwealth. However, the Bureau of Wildlife Management has since indicated that it is no longer necessary to collect the data in this manner. The Commission is proposing to eliminate the fur tagging requirements for beaver and all references from § 141.5. By eliminating these requirements, trappers and wildlife conservation officers should be relieved of the time consuming burdens of arranging meetings throughout the state to tag beavers taken.
Section 2102(b)(1) of the code (relating to regulations) authorizes the Commission to ''promulgate regulations relating to seasons and bag limits for hunting or furtaking, the possession of certain species or parts thereof . . . .'' Section 2102(a) of the code 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 . . . in this Commonwealth.'' The amendment to § 141.5 is proposed under this authority.
3. Regulatory Requirements
The proposed rulemaking will eliminate the fur tagging requirements for beaver.
4. Persons Affected
Persons wishing to trap beavers within this Commonwealth 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 DirectorFiscal Note: 48-185. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 58. RECREATION
PART III. GAME COMMISSION
CHAPTER 141. HUNTING AND TRAPPING
Subchapter A. GENERAL § 141.5. Furbearer tagging requirements.
(a) Tag required.
(1) Before possessing or removing any of the following wildlife or parts thereof from this Commonwealth, a tag shall be acquired from a representative of the Commission:
* * * * * [(v) Beaver.]
* * * * * (3) The fee for the tag is 50¢ [except for beaver].
* * * * * (c) [Beaver tag. A beaver pelt shall be presented for tagging to a Commission representative in the district or county where trapped, unless prohibited by unusual circumstances which would create a hardship on the trapper. The deadline for tagging beaver is not later than 4 p.m. on the 10th day following the closing of the beaver season. Before a beaver or beaver pelt is sold or removed from this Commonwealth, it shall be tagged by an officer of the Commission.
(d)] (c) * * *
[(e)] (d) * * *
[Pa.B. Doc. No. 04-602. Filed for public inspection April 9, 2004, 9:00 a.m.]
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