RULES AND REGULATIONS
Title 58—RECREATION
GAME COMMISSION
[ 58 PA. CODE CH. 141 ]
Hunting and Trapping; Furbearers
[51 Pa.B. 5605]
[Saturday, September 4, 2021]To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) at its July 24, 2021, meeting amends § 141.62 (relating to beaver and otter trapping) to eliminate the restriction on the number of traps that beaver trappers can set during the 5-day period after the closure of otter trapping seasons.
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 51 Pa.B. 2951 (May 22, 2021).
1. Purpose and Authority
Beaver and otter trappers are limited to using no more than five traps or snares, no more than two of which may be body-gripping traps, in any Wildlife Management Unit during an open otter trapping season. This regulation was originally developed to minimize the chance of a trapper exceeding the season bag limit of one otter in a day. The limitation on the number of beaver traps was also extended for 5 additional consecutive days after the close of the otter season. The 5-day extension was established to allow for an otter trapping season extension if warranted. However, no otter trapping seasons have ever been extended since the first season was established in 2015. In the future, the Commission will use longer trapping seasons, rather than year-specific season extensions, to manage otters in those areas where higher numbers can be trapped sustainably. The Commission amends § 141.62 to eliminate the restriction on the number of traps that beaver trappers can set during the 5-day period after the closure of otter trapping seasons.
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 § 141.62 are adopted under this authority.
2. Regulatory Requirements
This final-form rulemaking amends § 141.62 to eliminate the restriction on the number of traps that beaver trappers can set during the 5-day period after the closure of otter trapping seasons.
3. Persons Affected
Persons wishing to trap beavers during the 5-day period after the closure of otter tapping seasons 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 any additional cost or paperwork.
6. Effective Date
This 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 this final-form rulemaking, contact Jason L. DeCoskey, 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), known as the Commonwealth Documents Law and the regulations thereunder, 1 Pa. Code §§ 7.1 and 7.2 (relating to notice of proposed rulemaking required; and adoption of regulations).
(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 authorizing statute, orders that:
(a) The regulations of the Commission, 58 Pa. Code Chapter 141, are amended by amending § 141.62 to read as set forth in Annex A.
(b) The Executive Director of the Commission shall certify this order and Annex A 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 DirectorFiscal Note: Fiscal Note 48-470 remains valid for the adoption of the subject regulation.
Annex A
TITLE 58. RECREATION
PART III. GAME COMMISSION
CHAPTER 141. HUNTING AND TRAPPING
Subchapter D. FURBEARERS § 141.62. Beaver and otter trapping.
* * * * * (b) Unlawful acts. It is unlawful to:
* * * * * (4) Set, tend or operate any number of traps or snares for beaver trapping in excess of the limits established by this paragraph.
(i) Beaver trappers are generally limited to a combined Statewide total of 20 traps or snares, no more than 10 of which may be traps. No more than 2 of the 10 traps may be body-gripping traps, except:
(A) In Wildlife Management Units where beaver bag limits are 40 per season, all 10 traps may be body-gripping traps.
(B) In Wildlife Management Units where beaver bag limits are 60 per season, all 20 traps or snares may be body-gripping traps.
(ii) Beaver trappers are limited to using no more than five traps or snares, no more than two of which may be body-gripping traps, in any Wildlife Management Unit with an open otter trapping season. This limitation is inclusive of any otter traps or snares set under paragraph (7). This limitation is applicable during periods when the open beaver trapping season overlaps by calendar date with the open otter trapping season.
* * * * *
[Pa.B. Doc. No. 21-1460. Filed for public inspection September 3, 2021, 9:00 a.m.]
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