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PA Bulletin, Doc. No. 17-763

RULES AND REGULATIONS

GAME COMMISSION

[ 58 PA. CODE CH. 139 ]

Seasons and Bag Limits; Field Possession and Transportation Limits

[47 Pa.B. 2609]
[Saturday, May 6, 2017]

 To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its March 28, 2017, meeting, amended § 139.6 (relating to field possession and transportation limits) to increase the daily possession limit from double to triple the daily limit.

 This final-form rulemaking will not have an adverse impact on the wildlife resources of this Commonwealth.

 The authority for this final-form rulemaking is 34 Pa.C.S. (relating to Game and Wildlife Code) (code).

 Notice of proposed rulemaking was published at 47 Pa.B. 1486 (March 11, 2017).

1. Purpose and Authority

 The Commission first established triple possession limits in § 139.4 (relating to seasons and bag limits for the license year) for the 2014-2015 license year. Unfortunately, the Commission did not contemporaneously amend § 139.6 with these same amendments. The Commission amends § 139.6 to increase the daily possession limit from double to triple the daily limit.

 Section 322(c)(1) of the code (relating to powers and duties of commission) specifically empowers the Commission to ''fix seasons, daily shooting or taking hours, and any modification thereof, and daily, season and possession limits for any species of game or wildlife.'' Section 2102(b)(1) of the code (relating to regulations) authorizes the Commission to ''promulgate regulations relating to seasons and bag limits for hunting or furtaking. . . .'' The amendments to § 139.6 are adopted under this authority.

2. Regulatory Requirements

 This final-form rulemaking amends § 139.6 to increase the daily possession limit from double to triple the daily limit.

3. Persons Affected

 Persons wishing to hunt or trap game or wildlife within this Commonwealth will be affected by this final-form rulemaking.

4. Comment and Response Summary

 There were no official comments received regarding this final-form rulemaking.

5. Cost and Paperwork Requirements

 This final-form rulemaking should not result in additional cost or paperwork.

6. Effective Date

 This final-form rulemaking will be effective upon publication in the Pennsylvania Bulletin and will remain in effect until changed by the Commission.

7. Contact Person

 For further information regarding this 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 139, are amended by amending § 139.6 to read as set forth at 47 Pa.B. 1486.

 (b) The Executive Director of the Commission shall certify this order and 47 Pa.B. 1486 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.

BRYAN J. BURHANS, 
Executive Director

 Fiscal Note: Fiscal Note 48-415 remains valid for the final adoption of the subject regulation.

[Pa.B. Doc. No. 17-763. Filed for public inspection May 5, 2017, 9:00 a.m.]


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