RULES AND REGULATIONS

Title 58—RECREATION

GAME COMMISSION

[ 58 PA. CODE CH. 131 ]

Preliminary Provisions; Definitions

[42 Pa.B. 5213]
[Saturday, August 11, 2012]

 To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) at its June 26, 2012, meeting amended § 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 final-form rulemaking also adds definitions for the terms ''decoy'' and ''meat or animal products.''

 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 42 Pa.B. 3268 (June 9, 2012).

1. Purpose and Authority

 The Commission amended § 131.2 by adding and amending certain definitions. The first 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 amendment adds the definition ''decoy.'' The third amendment adds the definition ''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 were adopted under this authority.

2. Regulatory Requirements

 The final-form rulemaking amends § 131.2 by deleting two sentences from the definition of ''bow'' regarding draw-locks and the minimum draw weights of bows. The final-form rulemaking also adds definitions for 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 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-form 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 131, are amended by amending § 131.2 to read as set forth at 42 Pa.B. 3268.

 (b) The Executive Director of the Commission shall certify this order and 42 Pa.B. 3268 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 48-340 remains valid for the final adoption of the subject regulation.

[Pa.B. Doc. No. 12-1510. Filed for public inspection August 10, 2012, 9:00 a.m.]

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