PROPOSED RULEMAKING
[58 PA. CODE CH. 141]
Hunting and Trapping; Cable Restraint
[37 Pa.B. 1321]
[Saturday, March 24, 2007]To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its January 23, 2007, meeting, proposed to amend §§ 141.63 and 141.66 (relating to definitions; and cable restraints).
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 January 23, 2007, meeting of the Commission. Comments can be sent to the Director, Information and Education, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, until April 13, 2007.
1. Purpose and Authority
Regulations concerning the use of cable restraint devices were first proposed at the Commission's October 5, 2004, meeting and were finally adopted at its January 25, 2005, meeting. These regulations essentially define the nature of the device, the manner of its use, as well as the time period for its use. Upon final completion of the 2005-2006 furtaking season, the Commission conducted a survey of all certified cable restraint users to assess use, efficiency, selectivity and capture related injuries or mortalities. The survey results indicated the following findings: 1) recent trap testing data now supports the use of 1 × 19 cable; 2) extending cable length by 1 foot will allow for cable restraints to be set legally in a variety of winter snow conditions; 3) a clearer definition of ''relaxing-type lock'' will reduce confusion for trappers purchasing commercially available devices; and 4) increasing the weight rating of the breakaway device will improve efficiency and effectiveness of cable restraint devices when large coyotes are captured. Based upon the results of these postseason surveys, the Commission is proposing to amend § 141.63 to improve the definition of ''cable restraint'' by permitting the use of 1 × 19 cable, extending the cable length limit to 7 feet, more clearly defining ''relaxing-type lock'' and increasing the weight rating of the breakaway device to 375 pounds.
It has come to the attention of the Commission that § 141.66 overly restricts the classes of persons that are eligible to be certified through the Commission's cable restraint training course in apparent contravention of certain statutory exemptions in sections 2363 and 2706 of the code (relating to trapping exception for certain persons; and resident license and fee exemptions). In an effort to permit individuals who are permitted to trap without license to more fully enjoy their privilege by being eligible to participate in the Commission's cable restraint training course, the Commission is proposing to amend § 141.66.
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(d) of the code authorizes the Commission to ''promulgate regulations stipulating the size and type of traps, the type of firearms and ammunition and other devices which may be used, the manner in which and the location where the devices may be used, the species the devices may be used for and the season when the devices may be used.'' 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 amendments to §§ 141.66 and 141.66 were proposed under this authority.
2. Regulatory Requirements
The proposed rulemaking will amend § 141.63 to improve the definition of ''cable restraint'' by permitting the use of 1 x 19 cable, extending the cable length limit to 7 feet, more clearly defining ''relaxing-type lock'' and increasing the weight rating of the breakaway device to 375 pounds. The proposed rulemaking will also amend § 141.66 to permit individuals meeting certain statutory license exemptions to participate in cable restraint training courses.
3. Persons Affected
Persons wishing to trap in this Commonwealth with cable restraint devices will be affected by the proposed rulemaking.
4. Cost and Paperwork Requirements
The proposed rulemaking should not result in additional cost or paperwork.
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 Richard A. Palmer, Acting Director, Bureau of Wildlife Protection, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717) 783-6526.
CARL G. ROE,
Executive DirectorFiscal Note: 48-245. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 58. RECREATION
PART III. GAME COMMISSION
CHAPTER 141. HUNTING AND TRAPPING
Subchapter D. FURBEARERS § 141.63. Definitions.
In addition to the definitions contained in the act and this part, the following words, when used in the enforcement of section 2361(a)(11) of the act (relating to unlawful acts concerning taking of furbearers) have the following meanings, unless the context clearly indicates otherwise:
Cable restraint--A galvanized stranded steel cable with a minimum diameter of 3/32 inches. The cable must be constructed of either 7 bundles comprised of 7 wires per bundle [or] , 7 bundles comprised of 19 wires per bundle [and be equipped with a mechanical sliding metal release lock] or 1 bundle comprised of 19 wires. The cable may not exceed [6] 7 feet in length from the anchor point to the relaxing lock contacting the fully closed loop stop, must be equipped with at least one swivel device (which allows for 360° rotation) between the loop and the anchor and must have stops affixed to the cable to ensure that the circumference of the cable which makes up the loop may not be greater than 38 inches when fully open, or less than 8 inches when fully closed. Cable restraints must be equipped with a relaxing-type lock. The relaxing-type lock may not be constructed with moving parts. A cable restraint must include a breakaway device affixed [to the lock or] between the relaxing-type lock and cable or at the end of the cable that is rated at [325] 375 pounds or less. The cable must be maintained in good condition so that all components operate properly.
* * * * * § 141.66. Cable restraints.
* * * * * (b) Cable restraint devices may only be set by furtakers who [possess a valid furtakers license and who] have completed a certified cable restraint training course approved by the Director and possess a valid furtakers license, qualify for license and fee exemptions under section 2706 of the act (relating to resident license and fee exemptions) or qualify for trapping exceptions under section 2363 of the act (relating to trapping exception for certain persons). The Director will establish a fee for the course and the fee will only be what is necessary to cover the cost of the course. The trapper shall have a certificate from this course in possession while setting or checking sets using cable restraints and present the certificate upon the request of any person whose duty it is to enforce this title.
* * * * *
[Pa.B. Doc. No. 07-494. Filed for public inspection March 23, 2007, 9:00 a.m.]
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