PROPOSED RULEMAKING
[58 PA. CODE CH. 147]
Special Permits; Protected Specimen
[36 Pa.B. 27] To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its October 4, 2005, meeting, proposed to amend § 147.142 (relating to possession of deer accidentally killed by a motor vehicle) to permit the lawful possession of furbearers accidentally killed on the highway by persons possessing a valid furtaking license.
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 4, 2005, meeting of the Commission. Comments can be sent, until January 20, 2005, to the Director, Information and Education, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797.
1. Purpose and Authority
The skins from the various furbearers found in the wilds of this Commonwealth are a valuable Pennsylvania resource. Each year many of these furbearers are accidentally struck and killed on this Commonwealth's highways by automobiles, which typically results in the unfortunate waste of many of the skins from these animals. Current regulations prohibit anyone, including licensed furtakers, from utilizing road-killed furbearers without first purchasing them from the Commission, because these animals were not lawfully taken or harvested with a firearm or trap. Unfortunately, it is not always economical for anyone to purchase a road-killed furbearer for utilization. In an effort to reduce the waste of this Commonwealth's valuable resources and provide additional opportunity to licensed furtakers, the Commission is proposing to amend § 147.142 to permit persons possessing a valid furtaking license to take possession and make use of furbearing animals accidentally killed on this Commonwealth's highways.
Section 103(a) of the code (relating to ownership, jurisdiction and control of game and wildlife) states that ''The ownership, jurisdiction over and control of game or wildlife is vested in the commission as an independent agency of the Commonwealth in its sovereign capacity to be controlled regulated and disposed of in accordance with this chapter.'' 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 § 147.142 was proposed under this authority.
2. Regulatory Requirements
The proposed rulemaking will amend § 147.142 to permit the lawful possession of furbearers accidentally killed on the highway by persons possessing a valid furtaking license.
3. Persons Affected
Persons wishing to take possession of furbearers accidentally killed on the highway will be affected by the proposed rulemaking.
4. Cost and Paperwork Requirements
The proposed rulemaking may result in some additional costs to the Commission by creating increased, albeit minor, demand on regional dispatcher resources relating to receiving calls from persons taking possession of furbearers accidentally killed on the highway during the closed season for that furbearer.
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: 48-218. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 58. RECREATION
PART III. GAME COMMISSION
CHAPTER 147. SPECIAL PERMITS
Subchapter H. PROTECTED SPECIMEN § 147.142. Possession of [deer] wildlife accidentally killed by a motor vehicle.
* * * * * (b) [It is unlawful:
(1) To possess a deer accidentally killed on the highway for more than 24 hours without applying for a permit number.
(2) To give the whole or an edible part of a deer to a person.
(3) To fail to comply with one or more conditions of the permit.
(4) For a nonresident to possess a deer accidentally killed on the highway.] Holders of a valid furtakers license may take possession of a furbearer accidentally killed on the highway. Persons taking possession of any furbearer under this section during the closed season for taking that furbearer shall within 24 hours contact any Commission regional office to make notification of the possession.
(c) It is unlawful:
(1) To possess a deer accidentally killed on the highway for more than 24 hours without applying for a permit number.
(2) To give the whole or an edible part of a deer to a person.
(3) To fail to comply with one or more conditions of the permit.
(4) For a nonresident to possess a deer accidentally killed on the highway.
(5) To possess a furbearer accidentally killed on the highway for more than 24 hours without notifying the Commission.
(d) This section is not applicable under circumstances when a person is charged with violating another statute or regulation involving deer or furbearers. This section may not be used nor will it be accepted as a defense in a legal proceeding involving these cases.
[Pa.B. Doc. No. 06-16. Filed for public inspection January 6, 2006, 9:00 a.m.]
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