PROPOSED RULEMAKING
[ 58 PA. CODE CH. 131 ]
Preliminary Provisions; Definitions
[42 Pa.B. 3268]
[Saturday, June 9, 2012]To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) proposed at its April 24, 2012, meeting to amend § 131.2 (relating to definitions) to delete two sentences from the definition of ''bow'' relating to draw-locks and the minimum draw weights of bows. The proposal also adds definitions of the terms ''decoy'' and ''meat or animal products.''
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 April 24, 2012, meeting of the Commission. Comments can be sent, until June 22, 2012, to the Director, Bureau of Information and Education, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797.
1. Purpose and Authority
The Commission proposes to amend § 131.2 by adding, amending and deleting certain definitions. The first proposed amendment involves the deletion of two sentences from the definition of ''bow.'' The first sentence concerns the prohibition of devices commonly known as draw-locks on bows. The Commission determined that the prohibition of this drawing aid was no longer necessary given the recent expansion to permit crossbows during archery season. The second sentence was deemed redundant to similar language proposed in § 141.43 (relating to deer) and therefore no longer necessary. See 39 Pa.B. 5016 (August 22, 2009). The second proposed amendment involves the addition of the definition of ''decoy.'' The third amendment involves the addition of the definition of ''meat or animal products.''
Section 2102(a) of the code (relating to regulations) 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 amendments to § 131.2 are proposed under this authority.
2. Regulatory Requirements
The proposed rulemaking will amend § 131.2 by deleting two sentences from the definition of ''bow'' relating to draw-locks and the minimum draw weights of bows. The proposed rulemaking will also add definitions of the terms ''decoy'' and ''meat or animal products.''
3. Persons Affected
Persons wishing to hunt or trap game or wildlife within this Commonwealth may be affected by the proposed rulemaking.
4. Cost and Paperwork Requirements
The proposed rulemaking should not result in 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 DirectorFiscal Note: 48-340. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 58. RECREATION
PART III. GAME COMMISSION
CHAPTER 131. PRELIMINARY PROVISIONS § 131.2. Definitions.
In addition to the definitions contained in section 102 of the act (relating to definitions), the following words and terms, when used in this part or in the act, have the following meanings, unless the context clearly indicates otherwise:
* * * * * Bow—In addition to the definition in section 102 of the act, a device for launching an arrow, which derives its propulsive energy solely from the bending and recovery of two limbs. The energy used to propel the arrow may not be derived from another source. These limitations may not exclude the mechanical leverage advantage provided by eccentric wheels or cams so long as the available energy stored in the bent limbs of the bow is the sole result of a single, continuous and direct pulling effort by the shooter. [A track, trough, channel or other device capable of mechanically holding the bow at full or partial draw may not be attached to the bow.] The bowstring shall be drawn, held and released as a direct and conscious action of the shooter. Release shall be accomplished by either relaxing the tension of the fingers or triggering the release action of a manually held release aid. [A bow shall have a peak draw weight not less than 35 pounds.]
* * * * * Crossbow bolt—An arrow propelled by a crossbow.
Decoy—For the purpose of section 2308(b)(6) of the act (relating to unlawful devices and methods), an artificial representation or facsimile of a bird or animal used to attract other birds or animals. The term does not include living birds or animals.
Deputy Game Commission officer—A deputy wildlife conservation officer.
* * * * * Institutions of higher learning—Colleges and universities accredited by the Department of Education.
Meat or animal products—For the purpose of section 2361(a)(13) of the act (relating to unlawful acts concerning taking of furbearers), meat or animal products include artificial representations or facsimiles.
Plugged shotgun—For the purpose of section 2308(a)(4) of the act [(relating to unlawful devices and methods)], any shotgun containing a one-piece plug, stop or filler in the magazine to reduce ammunition capacity that is incapable of removal without disassembling the shotgun or magazine.
* * * * *
[Pa.B. Doc. No. 12-1047. Filed for public inspection June 8, 2012, 9:00 a.m.]
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