RULES AND REGULATIONS

GAME COMMISSION

[ 58 PA. CODE CH. 141 ]

Hunting and Trapping; Permitted Devices

[46 Pa.B. 2675]
[Saturday, May 28, 2016]

 To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its April 5, 2016, meeting, amended § 141.18 (relating to permitted devices) to add hand-held rangefinders and those contained within a scope or archery sight to the list of approved devices that may be used to hunt or take wildlife.

 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 46 Pa.B. 1425 (March 19, 2016).

1. Purpose and Authority

 Each year the Commission is asked to review the prospective use of certain devices for hunting or trapping purposes that are otherwise prohibited by statute or regulation. As part of the review process, the Commission generally reviews to what degree use of a given device might negatively impact principles of resource conservation, equal opportunity, fair chase or public safety. The Commission has recently been requested to formally review the use of electronic rangefinders, including hand-held devices and those contained within a scope or archery sight. The Commission determined that use of these devices for hunting purposes have no or negligible negative impacts to the previously mentioned principles. While the Commission has historically maintained an open use policy towards these electronic devices due to their ubiquitous use, their use could be construed as technically contrary to the Commission's restriction on the use of electronic contrivances while hunting. Therefore, in an effort to more formally approve their use, the Commission amends § 141.18 to add hand-held rangefinders and those contained within a scope or archery sight to the list of approved devices that may be used to hunt or take wildlife.

 Section 2102(d) of the code (relating to regulations) authorizes the Commission to ''promulgate regulations stipulating the size and type of traps, the type of firearms and ammunition and other devices which may be used, the manner in which and the location where the devices may be used, the species the devices may be used for and the season when the devices may be used.'' The amendments to § 141.18 are adopted under this authority.

2. Regulatory Requirements

 The final-form rulemaking amends § 141.18 to add hand-held rangefinders and those contained within a scope or archery sight to the list of approved devices that may be used to hunt or take wildlife.

3. Persons Affected

 Persons wishing to utilize hand-held rangefinders and those contained within a scope or archery sight to hunt or take wildlife within this Commonwealth will 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 Thomas P. Grohol, 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 the authorizing statute, orders that:

 (a) The regulations of the Commission, 58 Pa. Code Chapter 141, are amended by amending § 141.18 to read as set forth at 46 Pa.B. 1425.

 (b) The Executive Director of the Commission shall certify this order and 46 Pa.B. 1425 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.

R. MATTHEW HOUGH, 
Executive Director

 Fiscal Note: Fiscal Note 48-392 remains valid for the final adoption of the subject regulation.

[Pa.B. Doc. No. 16-904. Filed for public inspection May 27, 2016, 9:00 a.m.]

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