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PA Bulletin, Doc. No. 10-2138

RULES AND REGULATIONS

Title 58—RECREATION

GAME COMMISSION

[58 PA. CODE CH. 147]

Special Permits; Falconry

[40 Pa.B. 6519]
[Saturday, November 13, 2010]

 To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its October 5, 2010, meeting, amended §§ 147.101 and 147.103 (relating to definitions; and classes) to require that a sponsor for a new falconer be a general or master class falconer having at least 2 years experience as a general class falconer and expand the list of eligible species of eagles that a master class falconer may possess with additional written authorization to include eagles not covered by the Migratory Bird Treaty Act (act) (16 USCA §§ 703—711).

 The final-form rulemaking will not have an 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 40 Pa.B. 4391 (August 7, 2010).

1. Purpose and Authority

 On October 6, 2009, the Commission finally adopted comprehensive changes to the various standards and conditions concerning falconry permits within this Commonwealth. These amendments were primarily intended to bring the Commonwealth into compliance with new Federal permitting standards concerning falconry that becomes fully effective January 1, 2014. Since the adoption of these amendments, the Commission has come to the recognition that the standards concerning whom is eligible to sponsor new falconers are insufficient to ensure that sponsors themselves have enough experience to properly guide new falconers. To this end, the Commission amended §  147.101 to require that a sponsor for a new falconer be a general or master class falconer having at least 2 years experience as a general class falconer. The Commission also amended § 147.103 to expand the list of eligible species of eagles that a master class falconer may possess with additional written authorization to include eagles not covered by the act.

 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 §§ 147.101 and 147.103 were adopted under this authority.

2. Regulatory Requirements

 The final-form rulemaking amended §§ 147.101 and 147.103 by adding language to require that a sponsor for a new falconer be a general or master class falconer having at least 2 years experience as a general class falconer and expand the list of eligible species of eagles that a master class falconer may possess with additional written authorization to include eagles not covered by the act.

3. Persons Affected

 Persons wishing to engage in falconry activities within this Commonwealth may be affected by the final-form rulemaking.

4. Comment and Response Summary

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

5. Cost and Paperwork Requirements

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

6. Effective Date

 The final-form 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-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 amendments 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 the amendments 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 147, are amended by amending §§ 147.101 and 147.103 to read as set forth at 40 Pa.B. 4391.

 (b) The Executive Director of the Commission shall certify this order and 40 Pa.B. 4391 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 48-309 remains valid for the final adoption of the subject regulations.

[Pa.B. Doc. No. 10-2138. Filed for public inspection November 12, 2010, 9:00 a.m.]


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