RULES AND REGULATIONS
Title 58—RECREATION
GAME COMMISSION
[58 PA. CODE CH. 141]
Hunting and Trapping; General
[54 Pa.B. 1318]
[Saturday, March 16, 2024]To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) at its January 27, 2024, meeting amends § 141.18 (relating to permitted devices) to authorize electronic devices used to disturb water with the purpose of preventing ice formation.
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. 6869 (November 4, 2023).
1. Purpose and Authority
The Commission recently conducted a formal review of the use of electronic devices intended to maintain open water, frequently referred to as ''ice-eaters.'' Ice-eaters can come in a variety of forms, such as fountains, propellers and bubblers, all with the intention of disturbing water to prevent ice formation or melt ice that has already formed. Waterfowl hunters use these devices in other jurisdictions where their use is lawful to maintain open water and entice waterfowl to remain in the area for hunting opportunities. When considering electronic devices, 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's review of these devices determined that their use would have insignificant negative impacts to the previously mentioned principles. Therefore, the Commission amends § 141.18 to authorize electronic devices used to disturb water with the purpose of preventing ice formation.
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 § 141.18 are adopted under this authority.
2. Regulatory Requirements
This final-form rulemaking amends § 141.18 to authorize electronic devices used to disturb water with the purpose of preventing ice formation.
3. Persons Affected
Persons concerned with hunting where electronic devices used to disturb water for the purpose of preventing ice formation 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 141, are amended by amending § 141.18 to read as set forth in Annex A, with ellipses referring to the existing text of the regulations.
(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 48-502 remains valid for the final adoption of the subject regulation.
Annex A
TITLE 58. RECREATION
PART III. GAME COMMISSION
CHAPTER 141. HUNTING AND TRAPPING
Subchapter A. GENERAL § 141.18. Permitted devices.
Notwithstanding the prohibitions in § 141.6 (relating to illegal devices), the following devices may be used to hunt or take wildlife:
(1) Firearms that use an electronic impulse to initiate discharge of ammunition. This provision is not intended to authorize use of these devices when these firearms are otherwise prohibited devices for the applicable hunting or trapping season.
* * * * * (11) Electronic hand-held and firearm-mounted night-vision and infrared optics used solely for furbearer hunting.
(12) Electronic devices used to disturb water for the purpose of preventing ice formation.
[Pa.B. Doc. No. 24-338. Filed for public inspection March 15, 2024, 9:00 a.m.]
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