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PA Bulletin, Doc. No. 06-1066

RULES AND REGULATIONS

GAME COMMISSION

[58 PA. CODE CH. 141]

Hunting and Trapping

[36 Pa.B. 2973]
[Saturday, June 17, 2006]

   To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its January 24, 2006, meeting, rescinded §§ 141.25--141.27 (relating to early goose hunting season; early Canada goose hunting season on Middle Creek Wildlife Management Area; and early Canada goose hunting season on Pymatuning Wildlife Management Area).

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

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

   Notice of proposed rulemaking was published at 36 Pa.B. 19 (January 7, 2006).

1.  Purpose and Authority

   Section 139.4 (relating to seasons and bag limits for the license year) states that ''Except as further restricted by this chapter, the seasons, bag limits, hunting hours and hunting regulations for migratory game birds shall conform to regulations adopted by the United States Secretary of the Interior under the authority of the Migratory Bird Treaty Act (16 U.S.C.A. §§ 703--711) as published in the Federal Register . . . .'' Since the early goose seasons, including hunting zone definitions, are presently published and adopted each year by the United States Secretary of the Interior in the manner previously described, §§ 141.25, 141.26 and 141.27 were redundant and unnecessary and were therefore eliminated.

   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, the number and types of devices and equipment allowed, the identification of devices and the use and possession of devices.'' 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, 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 rescission of §§ 141.25--141.27 was adopted under this authority.

2.  Regulatory Requirements

   The final-form rulemaking rescinds §§ 141.25--141.27 to remove redundant and unnecessary language.

3.  Persons Affected

   Persons wishing to hunt migratory birds within this Commonwealth may be affected by the final-form rulemaking.

4.  Comment and Response Summary

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

5.  Cost and Paperwork Requirements

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

6.  Effective Date

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

7.  Contact Person

   For further information regarding the 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 amendments 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 amendments 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 141, are amended by deleting §§ 141.25--141.27 to read as set forth at 36 Pa.B. 19.

   (b)  The Executive Director of the Commission shall certify this order and 36 Pa.B. 19 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.

CARL G. ROE,   
Executive Director

   Fiscal Note: Fiscal Note 48-226 remains valid for the final adoption of the subject regulations.

[Pa.B. Doc. No. 06-1066. Filed for public inspection June 16, 2006, 9:00 a.m.]


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