PROPOSED RULEMAKING

GAME COMMISSION

[ 58 PA. CODE CH. 133 ]

Wildlife Classification; Birds

[51 Pa.B. 5688]
[Saturday, September 4, 2021]

 To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) proposed at its July 24, 2021, meeting to amend § 133.21 (relating to classification of birds) to add the northern goshawk (Accipiter gentilis) to the Commonwealth's list of endangered birds and also to delete the peregrine falcon (Falco pereginus) from the Commonwealth's list of threatened birds.

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

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

 This proposed rulemaking was made public at the July 24, 2021, meeting of the Commission. Comments can be sent until September 8, 2021, to the Director, Information and Education, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797.

1. Purpose and Authority

 The Commission is proposing two changes to the Commonwealth's lists of threatened and endangered birds based on current monitoring data. First, the Commission is proposing to amend § 133.21 to add the northern goshawk (Accipiter gentilis) to the Commonwealth's list of endangered birds. A large secretive raptor of mature, mixed forests, the northern goshawk is found in the northern tier and high elevations across this Commonwealth and has experienced both range contraction and breeding population decline over the past 20 years. Primary threats to goshawks include forest fragmentation and degradation, nest site disturbance, disease and predation. This Commonwealth lies at the southern limits of the range of the Northeastern population of northern goshawk, which makes this population more susceptible to the previous effects. Several recent agency-supported efforts to better understand this species have documented a dramatic decline in the State's population. The agency's advisory Ornithological Technical Committee has recommended a change to endangered status. This proposed change would tailor protections for the species, including, but not limited to, limiting or delaying certain activities within known breeding northern goshawk habitat during courtship and nesting seasons.

 Second, the Commission is also proposing to amend § 133.21 to delete the peregrine falcon (Falco peregrinus) from the Commonwealth's list of threatened birds. This Commonwealth's population of nesting peregrine falcons has continued to increase since the Commission's upgrade of the species from endangered to threatened in 2019, and the objectives established in the Commission's 2013—2022 Peregrine Falcon Management Plan have been achieved. This current status revision comes after more than 40 years of conservation recovery action in this Commonwealth and Nationally, in which the Commission has taken an active role. This proposed status change accomplishes a significant victory for the Commission as the third high-profile raptor recovery, following bald eagle and osprey and demonstrating that an endangered or threatened species listing is not a permanent designation, and recovery is an achievable goal.

 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

 This proposed rulemaking will amend § 133.21 to add the northern goshawk (Accipiter gentilis) to the Commonwealth's list of endangered birds and also to delete the peregrine falcon (Falco pereginus) from the Commonwealth's list of threatened birds.

3. Persons Affected

 Persons interested or affected by the classification status of the northern goshawk (Accipiter gentilis) or the peregrine falcon (Falco pereginus) will be affected by this proposed rulemaking.

4. Cost and Paperwork Requirements

 This proposed rulemaking should not result in any additional cost or paperwork.

5. Effective Date

 This 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 this proposed rulemaking, contact Jason L. DeCoskey, Director, Bureau of Wildlife Protection, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717) 783-6526.

BRYAN J. BURHANS, 
Executive Director

 Fiscal Note: 48-473. 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.

 (i) King Rail (Rallus elegans)

 (ii) Short-eared Owl (Asio flammeus)

 (iii) Black Tern (Chlidonias niger)

 (iv) Least Bittern (Ixobrychus exilis)

 (v) Piping Plover (Charadrius melodus)

 (vi) Loggerhead Shrike (Lanius ludovicianus)

 (vii) American Bittern (Botaurus lentiginosus)

 (viii) Great Egret (Ardea alba)

 (ix) Yellow-crowned Night Heron (Nycticorax violaceus)

 (x) Common Tern (Sterna hirundo)

 (xi) Blackpoll Warbler (Setophaga striata)

 (xii) Black-crowned Night-Heron (Nycticorax nycticorax)

 (xiii) Dickcissel (Spiza americana)

 (xiv) Sedge Wren (Cistothorus platensis)

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

 (xvi) Upland Sandpiper (Batramia longicauda)

 (xvii) Northern Goshawk (Accipiter gentilis)

 (2) Threatened.

 (i) Northern Harrier (Circus cyaneus)

 (ii) Long-eared Owl (Asio otus)

 (iii) [Peregrine Falcon (Falco peregrinus anatum)] (Reserved).

 (iv) Red Knot (Calidris canutus rufa)

[Pa.B. Doc. No. 21-1469. Filed for public inspection September 3, 2021, 9:00 a.m.]

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