RULES AND REGULATIONS
GAME COMMISSION
[58 PA. CODE CH. 141]
Hunting and Trapping; Cable Restraint
[37 Pa.B. 2956]
[Saturday, June 30, 2007]To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its April 18, 2007, meeting, adopted amendments to § 141.63 and 141.66 (relating to definitions; and cable restraints).
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 37 Pa.B. 1321 (March 24, 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 the 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 amended § 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.
The Commission recently identified that the prior version of § 141.66 overly restricted 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 found 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 authorized 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 amended § 141.66 to expand the program's eligibility requirements.
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 adopted under this authority.
2. Regulatory Requirements
The final-form rulemaking amends § 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. The final-form rulemaking also amends § 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 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 141, are amended by amending §§ 141.63 and 141.66 to read as set forth at 37 Pa.B. 1321.
(b) The Executive Director of the Commission shall certify this order and 37 Pa.B. 1321 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 DirectorFiscal Note: Fiscal Note 48-245 remains valid for the final adoption of the subject regulations.
[Pa.B. Doc. No. 07-1141. Filed for public inspection June 29, 2007, 9:00 a.m.]
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