PROPOSED RULEMAKING
[ 58 PA. CODE CH. 147 ]
Special Permits
[39 Pa.B. 6660]
[Saturday, November 21, 2009]To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) proposed the following rulemaking at its October 6, 2009, meeting:
Amend §§ 147.902 and 147.904 (relating to definitions; and permit) to specifically authorize properly permitted individuals to engage in commercial coyote guiding activities on State game lands (SGLs).
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 6, 2009, 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 15, 2010.
1. Purpose and Authority
In July 2009, the Commission added Subchapter Y to Chapter 147 to relocate, consolidate and more clearly define the permitting process for persons interested in guiding other hunters or trappers for certain designated species. The Commission has recently been approached by a number of houndsmen who have formally requested the expansion of this newly created subchapter to authorize commercial coyote guiding activities on SGLs. To this end, the Commission is proposing to amend §§ 147.902 and 147.904 to specifically authorize properly permitted individuals to engage in commercial coyote guiding activities on SGLs.
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.'' The amendments to §§ 147.902 and 147.904 were proposed under this authority.
2. Regulatory Requirements
The proposed rulemaking will amend §§ 147.902 and 147.904 to specifically authorize properly permitted individuals to engage in commercial coyote guiding activities on SGLs.
3. Persons Affected
Persons wishing to engage in commercial coyote guiding activities on SGLs will be affected by the proposed rulemaking.
4. Cost and Paperwork Requirements
The proposed rulemaking should not result in any additional cost or paperwork.
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: 48-296. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 58. RECREATION
PART III. GAME COMMISSION
CHAPTER 147. SPECIAL PERMITS
Subchapter Y. GUIDING PERMIT § 147.902. Definitions.
The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise:
Commercial guiding activity—Any guiding activity provided by any person to another person for any fee, remuneration or other economic gain, including bartered goods or services.
* * * * * Guiding activity—
(i) The act of assisting or conspiring to assist another person in any manner to hunt, trap or otherwise take certain designated species of wildlife by locating, calling or directing another person to the quarry.
(ii) The term is not intended to include or authorize the assistance taking the form of any overt act directly connected with harvesting wildlife by discharging a firearm, bow or crossbow or setting or resetting a trap or cable restraints.
§ 147.904. Permit.
(a) General rule. A guiding permit issued under this subchapter is required for any person to engage in any commercial or noncommercial guiding [activities] activity for the following designated species of wildlife: elk and bobcat. A guiding permit is required for any person to engage in any commercial guiding activity for coyotes on State game lands.
* * * * *
[Pa.B. Doc. No. 09-2147. Filed for public inspection November 20, 2009, 9:00 a.m.]
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