PROPOSED RULEMAKING
[58 PA. CODE CH. 147]
Special Permits; Commercial Wildlife Pest Control
[34 Pa.B. 485] To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its October 7, 2003, meeting, proposed the following amendment:
Amend § 147.721 (relating to general) to include the act of soliciting in the definition of activities requiring a commercial wildlife pest control permit.
The proposed rulemaking will have no adverse impact on the wildlife resources of this Commonwealth.
The authority for the proposed rulemaking is 34 Pa.C.S. (relating to Game and Wildlife Code) (code).
The proposed rulemaking was made public at the October 7, 2003, meeting of the Commission. Comments can be sent until January 27, 2004, to the Director, Information and Education, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797.
1. Introduction
The Commission is proposing to amend § 147.721 to include the act of soliciting as one of the requirements for a commercial wildlife pest control permit. This is currently not unlawful and has resulted in several incidents of nonpermitted persons taking advantage of the public.
2. Purpose and Authority
The purpose of the proposed rulemaking is to protect the public from unscrupulous persons who advertise to perform commercial wildlife pest control services while not currently possessing a permit. There have been several incidents of persons offering their services and activities for wildlife pest control when neither they nor their employees, who were to perform the actual control service, possessed a current commercial wildlife pest control permit from the Commission. Since the timing of some wildlife pest control methods and techniques is often critical, it is vitally important to more effectively regulate the activity.
Section 2901(b) of the code (relating to authority to issue permits), provides that ''Unless otherwise provided in this title, 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.''
3. Regulatory Requirements
The proposed rulemaking will make the act of soliciting to provide commercial wildlife pest control services without a current permit from the Commission unlawful.
4. Persons Affected
Persons who advertise or solicit wildlife pest control services who are not currently permitted by the Commission will be affected by the proposed rulemaking. Wildlife pest control permittees will be affected through protection from the competition from unpermitted individuals, while the general public will be affected by not hiring someone advertising wildlife pest control services when they are not permitted by the Commission.
5. Cost and Paperwork Requirements
The proposed rulemaking should not result in additional cost or paperwork.
6. Effective Date
The proposed rulemaking will be effective on final-form publication in the Pennsylvania Bulletin and will remain in effect until changed by the Commission.
7. Contact Person
For further information regarding the proposed rulemaking, contact Michael A. Dubaich, Director, Bureau of Law Enforcement, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717) 783-6526.
VERNON R. ROSS,
Executive DirectorFiscal Note: 48-174. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 58. RECREATION
PART III. GAME COMMISSION
CHAPTER 147. SPECIAL PERMITS
Subchapter T. COMMERCIAL WILDLIFE PEST CONTROL § 147.721. General.
A commercial wildlife pest control permit is required for [a] any person to take, harass, transport, release or dispatch designated wildlife[,] for another person [for a fee or other consideration,] or to solicit or offer their services to another to take, harass, transport or dispatch designated wildlife that is creating a nuisance, causing damage to property or is a risk to human health or safety. This permit authorizes the agent to control designated wildlife for another at any time of the year.
[Pa.B. Doc. No. 04-142. Filed for public inspection January 23, 2004, 9:00 a.m.]
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