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PA Bulletin, Doc. No. 08-1487

RULES AND REGULATIONS

Title 58--RECREATION

GAME COMMISSION

[ 58 PA. CODE CH. 141 ]

Hunting and Trapping

[38 Pa.B. 4511]
[Saturday, August 16, 2008]

   To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its June 24, 2008, meeting, adopted the following rulemaking:

   Amend Chapter 141, Appendix G (relating to hunting hours table for June 29, 2008 through July 4, 2009) to replace the Sunrise/Sunset Table with an up-to-date Hunting Hours Table and Migratory Game Bird Hunting Hours Table to accurately reflect the dates and hours of legal hunting for the 2008-2009 hunting year.

   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 38 Pa.B. 3242 (June 14, 2008).

   1.  Purpose and Authority

   Each year there is a shift in calendar days for each month. As a result of this occurrence, the Tables of Hunting Hours found in § 141.4 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 has amended § 141.4 by replacing the current Sunrise/Sunset Table with an up-to-date Hunting Hours Table and Migratory Game Bird Hunting Hours Table to accurately reflect the dates and hours of legal hunting for the 2008-2009 hunting year.

   Section 322(c)(1) of the code (relating to powers and duties of the 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, 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 amendment of § 141.4 was adopted under this authority.

   2.  Regulatory Requirements

   The final-form rulemaking amended Chapter 141, Appendix G to replace the Sunrise/Sunset Table with an up-to-date Hunting Hours Table and Migratory Game Bird Hunting Hours Table to accurately reflect the dates and hours of legal hunting for the 2008-2009 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

   There were no official comments received regarding this final-form rulemaking.

   5.  Cost and Paperwork Requirements

   The final-form rulemaking should not result in any additional cost or paperwork.

   6.  Effective Date

   The effective dates of the final-form rulemaking are July 1, 2008, to June 30, 2009.

   7.  Contact Person

   For further information regarding the final-form rulemaking, contact Richard R. Palmer, 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 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 this 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 Chapter 141, Appendix G, to read as set forth at 38 Pa.B. 3242.

   (b)  The Executive Director of the Commission shall certify this order and 38 Pa.B. 3242 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 48-271 remains valid for the final adoption of the subject regulation.

[Pa.B. Doc. No. 08-1487. Filed for public inspection August 15, 2008, 9:00 a.m.]


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