PROPOSED RULEMAKING
[ 58 PA. CODE CHS. 141 AND 147 ]
Hunting and Trapping and Special Permits
[37 Pa.B. 6751]
[Saturday, December 22, 2007]To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its October 2, 2007, meeting, proposed to amend § 141.4 (relating to hunting hours) and create Chapter 147, Subchapter W (relating to snow goose conservation hunt permit) to define and create the regulatory structure necessary to implement the new snow goose conservation hunt program within this Commonwealth.
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 October 2, 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 January 25, 2008.
1. Purpose and Authority
In recent years, continental snow goose populations have experienced a rapid growth in their population. This dramatic increase in population size has in turn resulted in extensive, possibly irreversible, damage to arctic and subarctic breeding habitats of the continental snow goose, as well as other bird populations dependant on these habitats. The Federal government has proposed, by means of a Light Goose Management Final Environmental Impact Statement, to reduce and stabilize snow goose populations primarily by allowing additional hunting methods and days. The United States Fish and Wildlife Service intends to establish a conservation order that will authorize states, beginning in 2008, to use hunters to harvest snow geese during the period when all waterfowl seasons, excluding falconry, are closed inside or outside the migratory bird hunting season framework. Participating states are required to monitor and assess hunting activity and harvest conducted under this conservation order and annually report to the United States Fish and Wildlife Service each September. To this end, the Commission is proposing to amend § 141.4 and create Chapter 147, Subchapter W to define and create the regulatory structure necessary to implement the new snow goose conservation hunt program within this Commonwealth.
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 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 amendments to § 141.4 and creation of Chapter 147, Subchapter W were proposed under this authority.
2. Regulatory Requirements
The proposed rulemaking will amend § 141.4 and create Subchapter W to define and create the regulatory structure necessary to implement the new snow goose conservation hunt program within this Commonwealth.
3. Persons Affected
Persons wishing for additional opportunities to hunt snow geese within this Commonwealth may be affected by the proposed rulemaking.
4. Cost and Paperwork Requirements
The proposed rulemaking may result in a nominal increase in additional cost and paperwork to the Commission in implementing this new program, however, such an increase should be absorbed by the Commission's current budget or staffing, or both.
5. Effective Date
The proposed rulemaking will be effective upon final 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 R. Palmer, Director, Bureau of Wildlife Protection, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717) 783-6526.
CARL G. ROE,
Executive DirectorFiscal Note: 48-260. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 58. RECREATION
PART III. GAME COMMISSION
CHAPTER 141. HUNTING AND TRAPPING
Subchapter A. GENERAL § 141.4. Hunting hours.
Except as otherwise provided, wild birds and animals may be taken 1/2 hour before sunrise to 1/2 hour after sunset.
* * * * * (5) Migratory birds may only be hunted 1/2 hour before sunrise until sunset, except during the snow goose conservation season and the September resident [Canada] goose season, when [Canada] geese may be hunted 1/2 hour before sunrise until 1/2 hour after sunset.
CHAPTER 147. SPECIAL PERMITS
Subchapter W. SNOW GOOSE CONSERVATION HUNT PERMIT Sec.
147.781. Purpose and scope. 147.782. Application. 147.783. Permit. 147.784. Violations. § 147.781. Purpose and scope.
The purpose of this subchapter is to provide for snow goose conservation hunt permits to be issued to licensed migratory bird hunters. This permit will authorize migratory bird hunters to harvest snow geese during a time specified by the Director when all waterfowl seasons are closed and require hunter activity and harvest reporting carried out under the permit.
§ 147.782. Application.
(a) A permit will only be issued to persons who possess a valid hunting license, a valid migratory game bird license and, if the applicant is 16 years of age or older, a valid Federal duck stamp.
(b) Applications for snow goose conservation hunt permits issued under this subchapter shall be made on the form and in a manner provided by the Commission.
(c) Applications must include the name and contact information of the permit applicant.
§ 147.783. Permit.
(a) A snow goose conservation hunt permit issued under this subchapter authorizes the permittee to harvest snow geese within this Commonwealth during a period of time when all waterfowl seasons are closed.
(b) The permittee is required to maintain records specifying hunting activity and harvest by day, time of day, and any other detail required by the Commission. An annual report of this hunting record shall be submitted in a manner specified by the Commission within 30 days of the last hunting day of the conservation hunt period.
(c) The permittee shall comply with the arms, ammunition, hunting hours and hunting regulations for migratory game birds adopted by the United States Secretary of the Interior as published in the Federal Register each year.
§ 147.784. Violations.
The Director may deny permit applications received from persons who failed to complete and submit harvest reports and survey information from the prior season.
[Pa.B. Doc. No. 07-2354. Filed for public inspection Decemer 21, 2007, 9:00 a.m.]
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