RULES AND REGULATIONS
Title 58—RECREATION
GAME COMMISSION
[58 PA. CODE CH. 133]
Wildlife Classification; Birds
[54 Pa.B. 1315]
[Saturday, March 16, 2024]To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) at its January 27, 2024, meeting amends § 133.21 (relating to classification of birds) by adding the Black Rail (Laterallus jamaicensis) to the Commonwealth's list of threatened birds due to its Federally protected status and small, sporadic population in this Commonwealth.
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 53 Pa.B. 6868 (November 4, 2023).
1. Purpose and Authority
Black Rails are the smallest rail species in North America and the most secretive in behavior and habitat. Although this species is considered uncommon in this Commonwealth, compelling evidence indicates territories have been established and nesting may have been attempted. In 2020, the United States Fish and Wildlife Service classified the Eastern Black Rail subspecies Laterallus jamaicensis jamaicensis as threatened under the Endangered Species Act of 1973 (16 U.S.C. §§ 1531—1544), indicating between 0 to 5 breeding pairs currently occur in this Commonwealth. The Commission amends § 133.21 to add the Black Rail (Laterallus jamaicensis) to the Commonwealth's list of threatened birds due to its Federally protected status and small, sporadic population in this Commonwealth.
Section 322(c)(8) of the code (relating to powers and duties of commission) specifically empowers the commission to ''[a]dd to or change the classification of any wild bird or wild animal.'' Section 2102(a) of the code (relating to regulations) provides that ''[t]he 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 were adopted under this authority.
2. Regulatory Requirements
This final-form rulemaking amends § 133.21 to add the Black Rail to the Commonwealth's list of threatened birds.
3. Persons Affected
Persons concerned with Black Rail (Laterallus jamaicensis) within this Commonwealth will be affected by this final-form rulemaking.
4. Comment and Response Summary
There were no official comments received on this final-form rulemaking.
5. Cost and Paperwork Requirements
This final-form rulemaking will not result in any 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 about 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), referred to 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 133, are amended by amending § 133.21 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 publication in the Pennsylvania Bulletin.
BRYAN J. BURHANS,
Executive DirectorFiscal Note: Fiscal Note 48-501 remains valid for the final adoption of the subject regulation.
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 (Nyctanassa violacea)
(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 stellaris)
(xv) Yellow-bellied Flycatcher (Empidonax flavi-ventris)
(xvi) Upland Sandpiper (Batramia longicauda)
(xvii) Northern Goshawk (Accipiter gentilis)
(2) Threatened.
(i) Northern Harrier (Circus hudsonius)
(ii) Long-eared Owl (Asio otus)
(iii) [Reserved]
(iv) Red Knot (Calidris canutus rufa)
(v) Black Rail (Laterallus jamaicensis)
[Pa.B. Doc. No. 24-336. Filed for public inspection March 15, 2024, 9:00 a.m.]
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