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PA Bulletin, Doc. No. 10-598

PROPOSED RULEMAKING

[58 PA. CODE CH. 141]

Hunting and Trapping

[40 Pa.B. 1753]
[Saturday, April 3, 2010]

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

 Amend § 141.66 (relating to cable restraints) to establish December 26 as the opening date for the usage of cable restraints.

 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 January 26, 2010, meeting of the Commission. Comments can be sent to the Director, Information and Education, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, until April 14, 2010.

1. Purpose and Authority

 Based upon comments from the cable restraint users' survey conducted by the Commission, as well as input from the Pennsylvania Trappers Association, it is clear that trappers are interested in using cable restraint devices earlier in the traditional trapping season. The Commission has determined that opening the cable restraint season 6 days earlier on the day after Christmas will provide a small amount of additional opportunity without significantly impacting other user groups and their hunting opportunities. The Commission is proposing to amend § 141.66 to establish December 26 as the opening date for the usage of cable restraints.

 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 amendment to § 141.66 was proposed under this authority.

2. Regulatory Requirements

 The proposed rulemaking will amend amend § 141.66 to establish December 26 as the opening date for the usage of cable restraints.

3. Persons Affected

 Persons wishing to trap red fox, gray fox or coyote with a cable restraint within this Commonwealth may 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 A. Palmer, Director, Bureau of Wildlife Protection, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717) 783-6526.

CARL G. ROE, 
Executive Director

 Fiscal Note: 48-301. No fiscal impact; (8) recommends adoption.

Annex A

TITLE 58. RECREATION

PART III. GAME COMMISSION

CHAPTER 141. HUNTING AND TRAPPING

Subchapter D. FURBEARERS

§ 141.66. Cable restraints.

 (a) Cable restraint devices may be used from [January 1] December 26 until the end of the established trapping season to harvest red fox, gray fox and coyote. Nontarget furbearing species incidentally captured in [a] cable restraint [device] devices during an open season for that species may be taken and utilized, provided the trapper possesses [an] all applicable licenses and permits.

*  *  *  *  *

[Pa.B. Doc. No. 10-598. Filed for public inspection April 2, 2010, 9:00 a.m.]


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