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PA Bulletin, Doc. No. 06-1203

RULES AND REGULATIONS

GAME COMMISSION

[58 PA. CODE CH. 141]

Hunting and Trapping; Table of Hunting Hours

[36 Pa.B. 3251]
[Saturday, July 1, 2006]

   To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its June 6, 2006, meeting, adopted an amendment to Chapter 141, Appendix G (relating to hunting hours).

   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. 2529 (May 27, 2006).

1.  Purpose and Authority

   Each year there is a shift in calendar days for each month. As a result of this occurrence, the table of hunting hours in Appendix G must be amended and updated on an annual basis to accurately reflect the upcoming year's dates and hours for legal hunting. Towards this end, the Commission amended Appendix G by updating the table of hunting hours to accurately reflect the dates and hours of legal hunting for the 2006-2007 hunting year. It is important to note that beginning in the year 2007, the Daylight Saving Time changeovers will begin on the second Sunday of March and end the first Sunday of November rather than the traditional second Sunday of April and last Sunday of October. These new Daylight Saving Time changeovers are the result of the Energy Policy Act of 2005, the act of August 8, 2005 (Pub. L. No. 109-58, 119 Stat. 594), signed into law by President George W. Bush on August 8, 2005.

   Section 322(c)(1) of the code (relating to powers and duties of commission) specifically empowers the Commission to ''fix seasons, daily shooting or taking hours, and any modification thereof, and daily, season and possession limits for any species of game or wildlife.'' 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 . . . .'' The amendment to § 141.4 was adopted under this authority.

2.  Regulatory Requirements

   The final-form rulemaking amends Appendix G to update the table of hunting hours to accurately reflect the dates and hours of legal hunting for the 2006-2007 hunting year.

3.  Persons Affected

   Persons wishing to hunt or trap within this Commonwealth will be affected by the final-form rulemaking.

4.  Comment and Response Summary

   The Commission received two official comments regarding this final-form rulemaking. Both comments were in support of expanding legal hunting hours to 1/2 hour after sunset in Wildlife Management Units 2B, 5C and 5D.

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 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 141, are amended by amending Appendix G to read as set forth at 36 Pa.B. 2529.

   (b)  The Executive Director of the Commission shall certify this order and 36 Pa.B. 2529 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 48-231 remains valid for the final adoption of the subject regulation.

[Pa.B. Doc. No. 06-1203. Filed for public inspection June 30, 2006, 9:00 a.m.]


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