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PA Bulletin, Doc. No. 10-588

RULES AND REGULATIONS

Title 58—RECREATION

GAME COMMISSION

[58 PA. CODE CH. 137]

Wildlife

[40 Pa.B. 1736]
[Saturday, April 3, 2010]

 To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) adopted the following rulemaking at its January 26, 2010, meeting:

 Amend § 137.1 (relating to importation, possession, sale and release of certain wildlife) to exempt menagerie permit holders who possess a USDA Class C Exhibitor permit and who operate their menagerie facilities as their primary means of gaining a livelihood from possession and importation prohibitions of this section.

 The final rulemaking will have no adverse impact on the wildlife resources of this Commonwealth.

 The authority for the final rulemaking is 34 Pa.C.S. (relating to Game and Wildlife Code) (code).

 Notice of proposed rulemaking was published at 39 Pa.B. 6661 (November 21, 2009).

1. Purpose and Authority

 Section 137.1 formerly prohibited the importation of certain species of exotic and native wildlife determined to be dangerous or injurious to the public, native wildlife or native wildlife habitat, such as nutria, bears and primates. This prohibition applied to all persons including those currently possessing exotic wildlife dealer, exotic wildlife possession and menagerie permits. The Commission was recently approached by a number of menagerie permit holders who have alleged that these importation restrictions unnecessarily restrict their ability to import and possess certain ''popular'' wildlife and thus limit their ability to gain a livelihood. These menagerie permit holders formally requested relief from these importation and possession restrictions. To this end, the Commission amended § 137.1 to exempt menagerie permit holders who possess a USDA Class C Exhibitor permit and who operate their menagerie facilities as their primary means of gaining a livelihood from possession and importation prohibitions of this section.

 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(c) of the code (relating to regulations) directs that ''The commission shall promulgate regulations concerning the transportation, introduction into the wild, importation, exportation, sale, offering for sale or purchase of game or wildlife or the disturbing of game or wildlife in their natural habitat.'' The amendment to § 137.1 was adopted under this authority.

2. Regulatory Requirements

 The final rulemaking amended § 137.1 to exempt menagerie permit holders who possess a USDA Class C Exhibitor permit and who operate their menagerie facilities as their primary means of gaining a livelihood from possession and importation prohibitions of this section.

3. Persons Affected

 Persons wishing to import or possess otherwise prohibited wildlife into this Commonwealth may be affected by the final rulemaking.

4. Comment and Response Summary

 There was one official comment received in support of the final rulemaking. This comment was provided by counsel purporting to represent the interests of various menageries aggrieved by the general restrictions excepted by the final rulemaking.

5. Cost and Paperwork Requirements

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

6. Effective Date

 The final rulemaking will be effective upon final publication in the Pennsylvania Bulletin and will remain in effect until changed by the Commission.

7. Contact Person

 For further information regarding the final 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 regulation 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 137, are amended by amending § 137.1 to read as set forth at 39 Pa.B. 6661.

 (b) The Executive Director of the Commission shall certify this order and 39 Pa.B. 6661 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 48-294 remains valid for the final adoption of the subject regulation.

[Pa.B. Doc. No. 10-588. Filed for public inspection April 2, 2010, 9:00 a.m.]


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