PROPOSED RULEMAKING

[58 PA. CODE CH. 147]

Special Permits; Falconry

[34 Pa.B. 486]

   To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its October 7, 2003, meeting, proposed the following amendment:

   Amend § 147.103 (relating to classes of permits) to allow residents of this Commonwealth to apply for a falconry permit at 16 years of age.

   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 October 7, 2003, meeting of the Commission. Comments can be sent until January 27, 2004, to the Director, Information and Education, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797.

1.  Introduction

   The act of June 17, 2003 (P. L. 12, No. 5) (Act 5) amended section 2901 of the code (relating to authority to issue permits) to allow residents of this Commonwealth who are at least 16 years of age to apply for a falconry permit. Currently, § 147.103(a) requires a person to be 18 years of age. This conflict can be eliminated by amending § 147.103(a).

2.  Purpose and Authority

   Act 5 amended section 2901 of the code by changing the age requirement for eligible residents of this Commonwealth to apply for apprentice falconry permits from 18 years of age to 16 years of age. Current regulations require persons applying for a falconry permit to be at least 18 years of age. To make the regulations compatible with the code, § 147.103(a) needs to be amended to allow persons at least 16 years of age to apply for an apprentice falconry permit.

   Section 2901(b) of the code states that unless otherwise provided in the code, the Commission may, as deemed necessary to properly manage game or wildlife resources, promulgate regulations for the issuance of any permit and promulgate regulations to control the activities which may be performed under authority of any permit issued. This provision provides statutory authority for the proposed rulemaking.

3.  Regulatory Requirements

   The proposed rulemaking will allow a person 16 years of age to apply for a falconry permit.

4.  Persons Affected

   Persons who wish to apply for a falconry permit 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: 48-175. No fiscal impact; (8) recommends adoption.

Annex A

TITLE 58.  RECREATION

PART III.  GAME COMMISSION

CHAPTER 147.  SPECIAL PERMITS

Subchapter F.  FALCONRY

§ 147.103.  Classes of permits.

   (a)  Apprentice. A permittee shall be [18] 16 years of age or older.

*      *      *      *      *

[Pa.B. Doc. No. 04-143. Filed for public inspection January 23, 2004, 9:00 a.m.]

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