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PA Bulletin, Doc. No. 07-489

RULES AND REGULATIONS

GAME COMMISSION

[58 PA. CODE CH. 147]

Special Permits; Taxidermy

[37 Pa.B. 1312]
[Saturday, March 24, 2007]

   To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its January 23, 2007, meeting, adopted the rescission of Subchapter G (relating to taxidermy) and amended § 147.146 (relating to sale of inedible wildlife parts).

   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. 7879 (December 23, 2006).

1.  Purpose and Authority

   On July 7, 2006, the Governor signed into law the act of July 7, 2006 (P. L. 358, No. 77), which effectively transferred regulatory authority over taxidermy activities from the Commission to the Department of Agriculture as of October 5, 2006. The statutory amendments made to the code were limited to a minor amendment to section 2904 of the code (relating to permit fees) and the rescission of section 2926 of the code. In an effort to complete this transition, the Commission rescinded Subchapter G to remove the remaining regulatory language concerning taxidermy activities no longer regulated by the Commission. However, in an intentional effort to continue certain accommodations made for taxidermists respecting the sale of unclaimed specimens, the Commission relocated and incorporated the provisions formerly in § 147.126 to § 147.146.

   Section 2901(b) of the code (relating to authority to issue permits) provides ''the commission may, as deemed necessary to properly manage the game or wildlife resources, promulgate regulations for the issuance of any permit and promulgate regulations to control the activities which may be performed under authority of any permit issued.'' Section 2312(c)(2) of the code (relating to buying and selling game) specifically states ''The commission may, by regulation, authorize the buying and selling of inedible parts of game and wildlife as it deems appropriate.'' 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 rescission of Subchapter G and amendment of § 147.146 were adopted under this authority.

2.  Regulatory Requirements

   The final-form rulemaking rescinds Subchapter G to remove the remaining regulatory language concerning taxidermy activities no longer regulated by the Commission and relocated provisions permitting the sale of unclaimed specimens by taxidermists to § 147.146.

3.  Persons Affected

   Persons wishing to engage in taxidermy related activities or sell unclaimed specimens, or both, within this Commonwealth will be affected by the final-form rulemaking.

4.  Comment and Response Summary

   There were no official comments received regarding this 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 Richard A. Palmer, Acting Director, Bureau of Wildlife Protection, 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 147, are amended by deleting §§ 147.121--147.129 and amending § 147.146 to read as set forth at 36 Pa.B. 7879.

   (b)  The Executive Director of the Commission shall certify this order and 36 Pa.B. 7879 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 48-240 remains valid for the final adoption of the subject regulations.

[Pa.B. Doc. No. 07-489. Filed for public inspection March 23, 2007, 9:00 a.m.]


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