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PA Bulletin, Doc. No. 11-518


[ 58 PA. CODE CH. 131 ]

Preliminary Provisions

[41 Pa.B. 1633]
[Saturday, March 26, 2011]

 To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) proposed at its February 1, 2011, meeting, to amend § 131.2 (relating to definitions) by adding, amending and deleting certain definitions.

 The proposed rulemaking will not have an 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 February 1, 2011, meeting of the Commission. Comments can be sent until April 4, 2011, to the Director, Information and Education, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797.

1. Purpose and Authority

 The Commission is proposing to amend § 131.2 by creating, amending and deleting certain definitions. The first amendment involves a reduction in the number of points required for a deer to meet the definition of an ''antlered deer'' in Wildlife Management Units (WMU) 1A, 1B, 2A, 2B and 2D. This reduction (from four to three points) is also accompanied by the elimination of consideration of brow tines as points. Commission staff has determined that this amendment will make it easier for hunters to determine the legal status of an antlered deer without having any substantial impacts on the age structure of antlered deer populations in the affected WMUs.

 The remaining amendments involve the deletion of three redundant and outdated definitions as well as the addition of two definitions to aid in the implementation of the code.

 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 § 131.2 are proposed under this authority.

2. Regulatory Requirements

 The proposed rulemaking will amend § 131.2 by adding, amending and deleting certain definitions.

3. Persons Affected

 Persons wishing to hunt or trap game or wildlife in this Commonwealth will be affected by the proposed rulemaking.

4. Cost and Paperwork Requirements

 The proposed rulemaking should not result in additional cost or paperwork.

5. Effective Date

 The 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 the proposed rulemaking, contact Richard R. Palmer, Director, Bureau of Wildlife Protection, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717) 783-6526.

Executive Director

Fiscal Note: 48-322. No fiscal impact; (8) recommends adoption.

Annex A




§ 131.2. Definitions.

 In addition to the definitions contained in section 102 of the act (relating to definitions), the following words and terms, when used in this part or in the act, have the following meanings, unless the context clearly indicates otherwise:

*  *  *  *  *

Antlered deer

 (i) In Wildlife Management Units 1A, 1B, 2A, 2B and 2D, a deer having [four] three or more points on one antler, not including brow tines which is the point immediately above the antler burr.

*  *  *  *  *

[Client—A person who receives the services of a guide.]

*  *  *  *  *

[Guide—Any person who assists another person to hunt or take game by locating game, calling game or directing another to game.

Hunter ID number—A number issued by the Commission only to persons who do not have a valid Social Security number.]

*  *  *  *  *

Plugged shotgun—For the purpose of section 2308(a)(4) of the act (relating to unlawful devices and methods), any shotgun containing a one-piece plug, stop or filler in the magazine to reduce ammunition capacity that is incapable of removal without disassembling the shotgun or magazine.

*  *  *  *  *

Venison—For the purpose of section 2312 of the act (relating to buying and selling game), any meat derived from a white-tailed deer.

[Pa.B. Doc. No. 11-518. Filed for public inspection March 25, 2011, 9:00 a.m.]

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