PROPOSED RULEMAKING

GAME COMMISSION

[58 PA. CODE CH. 141]

Hunting and Trapping; Artificial Lights

[40 Pa.B. 6532]
[Saturday, November 13, 2010]

 To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) proposed, at its October 5, 2010, meeting, to amend § 141.7 (relating to use of artificial lights) to remove conflicting language purporting to continue prohibitions on the usage of gun-mounted lights by hunters and furtakers.

 The proposed rulemaking will not have an 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 5, 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 January 21, 2011.

1. Purpose and Authority

 On July 3, 2007, House Bill 881 became law as 2007, July 3, P. L. 79, No. 26, § 1. This legislation, inter alia, amended sections 2308 and 2310 of the code (relating to unlawful devices and methods; and unlawful use of lights while hunting) to permit furbearer hunters or trappers to take furbearers with a firearm having a flashlight or spotlight mounted to it as long as the sole source of power for the flashlight or spotlight was contained within the light or possessed on their person. In an effort to enhance consistency of the Commission's regulations with the act, the Commission is proposing to amend § 141.7 to remove conflicting language purporting to continue prohibitions on the usage of gun-mounted lights by hunters and furtakers.

 Section 2102(d) of the code (relating to regulations) provides ''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.'' The amendments to § 141.7 were proposed under this authority.

2. Regulatory Requirements

 The proposed rulemaking will amend § 141.7 by removing language purporting to continue prohibitions on the usage of gun-mounted lights by hunters and furtakers.

3. Persons Affected

 Persons wishing to use gun-mounted lights while hunting any species where use of lights while hunting is permitted 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-form 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 Director

 Fiscal Note: 48-313. No fiscal impact; (8) recommends adoption.

Annex A

TITLE 58. RECREATION

PART III. GAME COMMISSION

CHAPTER 141. HUNTING AND TRAPPING

Subchapter A. GENERAL

§ 141.7. Use of artificial lights.

 (a) Coyotes are added to the list of animals in section 2310(b) of the act (relating to unlawful use of lights while hunting) which may be hunted with a light [ordinarily carried on the person].

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[Pa.B. Doc. No. 10-2141. Filed for public inspection November 12, 2010, 9:00 a.m.]

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