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PA Bulletin, Doc. No. 03-2075


[58 PA. CODE CH. 147]

Special Permits

[33 Pa.B. 5320]

   To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its June 24, 2003, meeting, adopted the following amendment:

   Amend § 147.222 (relating to permits for dog trials on Commission controlled lands) to clarify that permits for dog trials other than bird dog trials may be issued for State game lands (SGLs).

   The final-form rulemaking will have no adverse impact on the wildlife resources of this Commonwealth.

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

   Notice of proposed rulemaking was published at 33 Pa.B. 2884 (June 21, 2003).

1.  Introduction

   The Commission amended § 147.222 to clarify that permits for dog trials other than bird dog trials may be issued for SGLs.

2.  Purpose and Authority

   Two sections provide for permits to hold dog trials: § 147.222 applies to trials held on SGLs and § 147.223 (relating to permits for dog trials on privately-owned lands) applies to privately owned lands. Although the Commission issues permits for many types of dog trials on SGLs, the language in § 147.222 refers to permits for only ''bird'' dog trials. However, § 147.223 refers to dog trials with no reference to ''bird.'' By removing the reference ''bird'' from the section heading and § 147.222(a), this confusion is eliminated. This final-form rulemaking clarifies that permits for dog trials other than bird dog trials may be issued for SGLs.

   Section 2901(b) of the code (relating to authority to issue permits) provides that ''The commission may, as deemed necessary to properly manage the game or wildlife resources, promulgate regulations for the issuance of any permit and promulgate regulations to control the activities which may be performed under authority of any permit issued.'' 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 . . . .'' These provisions provide the statutory authority for the final-form rulemaking.

3.  Regulatory Requirements

   This final-form rulemaking clarifies that permits for dog trials other than bird dog trials may be issued for SGLs by eliminating the word ''bird'' from § 147.222.

4.  Persons Affected

   Persons wishing to apply for a permit to hold dog trials on SGLs will be affected by the final-form rulemaking.

5.  Comment and Response Summary

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

6.  Cost and Paperwork Requirements

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

7.  Effective Date

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

8.  Contact Person

   For further information regarding the final-form rulemaking, contact Michael A. Dubaich, Director, Bureau of Law Enforcement, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717) 783-6526.


   The Commission finds that:

   (1)  Public notice of intention to adopt the administrative amendment 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 amendment of the Commission in the manner provided in this order is necessary and appropriate for the administration and enforcement of the authorizing statute.


   The Commission, acting under authorizing statute, orders that:

   (a)  The regulations of the Commission, 58 Pa. Code Chapter 147, are amended by amending § 147.222 to read as set forth at 33 Pa.B. 2884.

   (b)  The Executive Director of the Commission shall certify this order and 33 Pa.B. 2884 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.

Executive Director

   Fiscal Note: Fiscal Note 48-167 remains valid for the final adoption of the subject regulation.

[Pa.B. Doc. No. 03-2075. Filed for public inspection October 24, 2003, 9:00 a.m.]

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