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PA Bulletin, Doc. No. 12-1517

PROPOSED RULEMAKING

[ 58 PA. CODE CH. 131 ]

Preliminary Provisions; Enforcement

[42 Pa.B. 5236]
[Saturday, August 11, 2012]

 To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) proposed at its June 26, 2012, meeting to amend § 131.3 (relating to enforcement) to eliminate the reference to the Department of Environmental Resources and replace it with a reference to Department of Conservation and Natural Resources and also to update the reference to the Commission's officers as Wildlife Conservation Officers.

 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 June 26, 2012, meeting of the Commission. Comments can be sent, until September 21, 2012, to the Director, Bureau of Information and Education, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797.

1. Purpose and Authority

 On July 1, 1995, relevant portions of the Conservation and Natural Resources Act (71 P. S. §§ 1340.101—1340.1103) effectively created the Department of Conservation and Natural Resources and changed the name of the Department of Environmental Resources to the Department of Environmental Protection. The 1995 name changes were not incorporated in § 131.3. The Commission is proposing to amend § 131.3 to amend the reference to the Department of Environmental Resources by updating the reference to the Department of Conservation and Natural Resources. The Commission is also proposing to update the reference to the Commission's officers as Wildlife Conservation Officers. This proposed rulemaking is nonsubstantive and is not intended to further expand or further limit the enforcement authority of any classification of officer.

 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 § 131.3 are proposed under this authority.

2. Regulatory Requirements

 The proposed rulemaking will amend § 131.3 to eliminate the reference to the Department of Environmental Resources and replace it with a reference to Department of Conservation and Natural Resources and to also update the reference to the Commission's officers as Wildlife Conservation Officers.

3. Persons Affected

 Enforcement personnel of the Department of Conservation and Natural Resources will 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 Director

 Fiscal Note: 48-345. No fiscal impact; (8) recommends adoption.

Annex A

TITLE 58. RECREATION

PART III. GAME COMMISSION

CHAPTER 131. PRELIMINARY PROVISIONS

§ 131.3. Enforcement.

 In addition to [Game Commission] Wildlife Conservation Officers or Deputy [Game Commission] Wildlife Conservation Officers, the Director designates and empowers the following persons to enforce the act and this part while acting within the scope of their employment and jurisdiction.

*  *  *  *  *

 (4) Pennsylvania Department of [Environmental] Conservation and Natural Resources personnel with enforcement powers.

*  *  *  *  *

[Pa.B. Doc. No. 12-1517. Filed for public inspection August 10, 2012, 9:00 a.m.]


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