PROPOSED RULEMAKING

[ 58 PA. CODE CH. 133 ]

Wildlife Classification; Birds

[42 Pa.B. 5238]
[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 § 133.21 (relating to classification of birds) to reflect the current status of breeding populations of threatened and endangered wild birds within this Commonwealth and also to update scientific nomenclature.

 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

 The Commission is proposing to amend § 133.21 to reflect the current status of breeding populations of threatened and endangered wild birds within this Commonwealth and also to update scientific nomenclature. The upland sandpiper, a grassland nesting bird long classified as threatened, has declined precipitously over the last two decades and has virtually disappeared from this Commonwealth. The Commission believes its rarity and diminished breeding range warrant downgrading its status to endangered. The northern harrier, once a rare but regular breeder in this Commonwealth, has experienced a marked decline in this Commonwealth as well as declines in northwest and northcentral regions over the last few decades, prompting a proposal to list this species as threatened. The northern harrier is listed as either endangered or threatened in neighboring states. Long-eared owls are extremely rare breeders in this Commonwealth and difficult to survey. Nesting locations have been confirmed in only seven locations in recent years, despite a concerted survey effort over much of the last decade. Most nests are located in the Ridge and Valley and Appalachian Plateau regions. The rarity and diffuse scattering of nest records within this Commonwealth have prompted this proposed rulemaking to list the long-eared owl as threatened. Finally, in a major reorganization of warbler nomenclature in 2011 by the American Ornithologist's Union, the genus Dendroica was changed to Setophaga necessitating this administrative change in the scientific name of the endangered blackpoll warbler.

 Section 322(c)(8) of the code (relating to powers and duties of commission) specifically empowers the Commission to ''Add to or change the classification of any wild bird or wild animal.'' 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 § 133.21 are proposed under this authority.

2. Regulatory Requirements

 The proposed rulemaking will amend § 133.21 to reflect the current status of breeding populations of threatened and endangered wild birds in this Commonwealth and also to update scientific nomenclature.

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 Director

 Fiscal Note: 48-344. No fiscal impact; (8) recommends adoption.

Annex A

TITLE 58. RECREATION

PART III. GAME COMMISSION

CHAPTER 133. WILDLIFE CLASSIFICATION

Subchapter B. BIRDS

§ 133.21. Classification of birds.

 The following birds are classified:

 (1) Endangered.

*  *  *  *  *

 (xi) Blackpoll Warbler ([Dendroica] Setophaga striata)

*  *  *  *  *

 (xv) Yellow-bellied Flycatcher (Empidonax flavi-ventris)

 (xvi) Upland Sandpiper (Batramia longicauda)

 (2) Threatened.

*  *  *  *  *

 (iii) [Upland Sandpiper (Batramia longicauda)] Northern Harrier (Circus cyaneus)

 (iv) Long-eared Owl (Asio otus)

[Pa.B. Doc. No. 12-1519. Filed for public inspection August 10, 2012, 9:00 a.m.]

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