PROPOSED RULEMAKING
[58 PA. CODE CH. 139]
Seasons and Bag Limits
[35 Pa.B. 2312] To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its January 25, 2005, meeting, proposed the following rulemaking:
Amend § 139.2 (relating to definitions) to prevent confusion in the regulations relating to hunting hours by eliminating redundant language.
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 25, 2005, meeting of the Commission. Comments can be sent to the Director, Information and Education, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, until April 22, 2005.
1. Purpose and Authority
It has been brought to the attention of Commission staff that certain regulatory language found in § 139.2 is redundant and therefore unnecessary. Section 139.2, in relevant part, provides a one-sentence definition of ''hunting hours.'' However, § 141.4 already establishes when legal hunting hours occur in general and for certain specific seasons. To remove this redundancy and prevent confusion in the regulations the Commission is proposing to remove the redundant language found in § 139.2.
Section 322(c)(1) of the code (relating to powers and duties of the commission) specifically empowers the commission to ''fix seasons, daily shooting or taking hours, and any modification thereof . . .'' 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.'' The amendment to § 139.2 was proposed under this authority.
2. Regulatory Requirements
The proposed rulemaking will eliminate redundant language found in § 139.2.
3. Persons Affected
Persons who wish to hunt or trap within this Commonwealth will be affected by the proposed rulemaking.
4. Cost and Paperwork Requirements
The proposed rulemaking should not result in additional cost or paperwork.
5. Effective Date
The proposed rulemaking will be effective upon final-form publication in the Pennsylvania Bulletin and will remain in effect until changed by the Commission.
6. 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: 48-204. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 58. RECREATION
PART III. GAME COMMISSION
CHAPTER 139. SEASONS AND BAG LIMITS § 139.2. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
* * * * * [Hunting hours--The period each day of the open season, Sundays excepted, when game and wildlife may be lawfully taken.]
* * * * *
[Pa.B. Doc. No. 05-712. Filed for public inspection April 15, 2005, 9:00 a.m.]
No part of the information on this site may be reproduced for profit or sold for profit.This material has been drawn directly from the official Pennsylvania Bulletin full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.
