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PA Bulletin, Doc. No. 05-89

RULES AND REGULATIONS

GAME COMMISSION

[58 PA. CODE CH. 147]

Special Permits

[35 Pa.B. 355]

   To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its October 5, 2004, meeting, adopted an amendment to § 147.286 (relating to acquisition and disposal).

   This final-form rulemaking will have no adverse impact on the wildlife resources of this Commonwealth.

   The authority for this final-form rulemaking is 34 Pa.C.S. (relating to Game and Wildlife Code) (code).

   Notice of proposed rulemaking was published at 34 Pa.B. 3411 (July 3, 2004).

1.  Introduction

   The Commission amended § 147.286 to restrict disposal or transfer of wildlife to only those persons who lawfully conduct activities under the authority of a permit to lawfully import the wildlife being transferred.

2.  Purpose and Authority

   With the current requirements in place through statute and regulations relative to importing, licensing and experience needed to receive a permit to possess wildlife, the Commission has identified a need to clarify to whom a permitted menagerie can transfer excess stock. The Commission determined that disposal or transfer of wildlife, for any reason, shall be limited to persons who lawfully conduct activities under the authority of a permit to lawfully import the wildlife being transferred. This would prohibit the disposal or transfer of wildlife to unpermitted private parties.

   Section 2901(b) of the code (relating to authority to issue permits) provides that ''the commission may, as deemed necessary to properly manage the game or wildlife resources . . . promulgate regulations to control the activities which may be performed under authority of any permit issued.'' Section 2102(c) of the code (relating to regulations) directs that ''The commission shall promulgate regulations concerning the transportation, introduction into the wild, importation, exportation, sale, offering for sale or purchase of game or wildlife or the disturbing of game or wildlife in their natural habitat.'' 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 . . . in this Commonwealth, including regulations relating to the protection, preservation and management of game or wildlife . . . in this Commonwealth.'' The amendment to § 147.286 was adopted under this authority.

3.  Regulatory Requirements

   This final-form rulemaking will restrict the disposal or transfer of wildlife for any reason to only those persons who may themselves lawfully import the wildlife being transferred. This will prohibit the disposal or transfer of wildlife to an unpermitted private party.

4.  Persons Affected

   Persons who wish to transfer or dispose of wildlife held under a menagerie permit will be affected by this final-form rulemaking.

5.  Comment and Response Summary

   There were no official comments received regarding this final-form rulemaking.

6.  Cost and Paperwork Requirements

   The final-form rulemaking should not result in additional cost or paperwork.

7.  Effective Date

   This rulemaking will be effective on final-form publication in the Pennsylvania Bulletin and will remain in effect until changed by the Commission.

8.  Contact Person

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

Findings

   The Commission finds that:

   (1)  Public notice of intention to adopt the administrative amendment adopted by this order has been given under sections 201 and 202 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. §§ 1201 and 1202) and the regulations thereunder, 1 Pa. Code §§ 7.1 and 7.2.

   (2)  The adoption of the amendment of the Commission in the manner provided in this order is necessary and appropriate for the administration and enforcement of the authorizing statute.

Order

   The Commission, acting under authorizing statute, orders that:

   (a)  The regulations of the Commission, 58 Pa. Code Chapter 147, are amended by amending § 147.286 to read as set forth at 34 Pa.B. 3411.

   (b)  The Executive Director of the Commission shall certify this order and 34 Pa.B. 3411 and deposit them with the Legislative Reference Bureau as required by law.

   (c)  This order shall become effective upon final-form publication in the Pennsylvania Bulletin.

VERNON R. ROSS,   
Executive Director

   Fiscal Note: Fiscal Note 48-190 remains valid for the final adoption of the subject regulation.

[Pa.B. Doc. No. 05-89. Filed for public inspection January 14, 2005, 9:00 a.m.]


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