PROPOSED RULEMAKING

[ 58 PA. CODE CH. 135 ]

Lands and Buildings; Goose Hunting Areas

[45 Pa.B. 4920]
[Saturday, August 22, 2015]

 To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) proposed at its June 30, 2015, meeting to amend § 135.104 (relating to restrictions on controlled goose hunting areas) to limit persons to harvesting one Canada goose per person per season at the Middle Creek Wildlife Management Area controlled goose hunting area.

 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 30, 2015, meeting of the Commission. Comments can be sent until September 25, 2015, to the Director, Information and Education, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797.

1. Purpose and Authority

 The controlled goose hunting program on the Middle Creek Wildlife Management Area provides opportunities for hunters to harvest Canada geese during the regular goose hunting season. Each year a number of hunters are selected to hunt from blinds through a public drawing. Hunters may subsequently enter into a drawing on later days for unclaimed blinds where they may take additional geese, but remain within the 1 goose per day daily bag limit. Hunter success rates have been declining in the controlled goose hunting area due in part to declining resident goose populations, fewer migrant geese and higher harvest rates on geese in areas surrounding Middle Creek. In an effort to help increase hunter success rates and Canada goose populations on Middle Creek, the Commission is proposing to limit the take in the controlled goose hunting area to one Canada goose per person per season.

 Section 721(a) of the code (relating to control of property) provides ''[t]he administration of all lands or waters owned, leased or otherwise controlled by the commission shall be under the sole control of the director, and the commission shall promulgate regulations . . . for its use and protection as necessary to properly manage these lands or waters.'' The amendments to § 135.104 are proposed under this authority.

2. Regulatory Requirements

 The proposed rulemaking will amend § 135.104 to limit persons to harvesting one Canada goose per person per season at the Middle Creek Wildlife Management Area controlled goose hunting area.

3. Persons Affected

 Persons wishing to hunt Canada geese at the Middle Creek Wildlife Management Area controlled goose hunting area 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 Thomas P. Grohol, Director, Bureau of Wildlife Protection, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717) 783-6526.

R. MATTHEW HOUGH, 
Executive Director

 Fiscal Note: 48-383. No fiscal impact; (8) recommends adoption.

Annex A

TITLE 58. RECREATION

PART III. GAME COMMISSION

CHAPTER 135. LANDS AND BUILDINGS

Subchapter F. SPECIAL WILDLIFE MANAGEMENT AREAS

§ 135.104. Restrictions on controlled goose hunting areas.

 It is unlawful to:

*  *  *  *  *

 (9) Take more than one Canada goose per person per day at a controlled goose hunting area. [Duck limits] Season and daily limits on other waterfowl shall conform with Chapter 139 (relating to seasons and bag limits) and 50 CFR Part 20 (relating to migratory bird hunting).

 (10) Take more than one Canada goose per person per season at the Middle Creek Wildlife Management Area controlled goose hunting area.

[Pa.B. Doc. No. 15-1539. Filed for public inspection August 21, 2015, 9:00 a.m.]

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