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PA Bulletin, Doc. No. 17-1410



[ 58 PA. CODE CH. 147 ]

Special Permits; Falconry

[47 Pa.B. 4983]
[Saturday, August 26, 2017]

 To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its June 26, 2017, meeting, amended §§ 147.106a and 147.111b (relating to nonresident falconers; and Arctic Peregrine Falcon limited take special permit) to expand the limited take of Arctic Peregrine Falcons (Falco peregrinus tundrius) in this Commonwealth to also include general class and nonresident falconry permit holders.

 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 47 Pa.B. 2777 (May 13, 2017).

1. Purpose and Authority

 The United States Fish and Wildlife Service (USFWS) has the authority to grant states within the Atlantic Flyway the ability to permit certain qualified falconers the opportunity to take passage Arctic Peregrine Falcons for falconry purposes. Various states within the Atlantic Flyway, including the Commonwealth, participate in the limited allowable take of passage Arctic Peregrine Falcons. The Commission expects the USFWS to issue a moderate increase to the Commonwealth's annual allocation of Arctic Peregrine Falcon take authorization. The Commission has determined that an increase in the Commonwealth's take allowance justifies expansion of this program's eligibility class to include a greater range of eligible participants. The Commission amended §§ 147.106b and 147.111b to expand the limited take of Arctic Peregrine Falcons in this Commonwealth to also include general class and nonresident falconry permit holders.

 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.'' The amendments to §§ 147.106a and 147.111b are adopted under this authority.

2. Regulatory Requirements

 This final-form rulemaking amends §§ 147.106b and 147.111b to expand the limited take of Arctic Peregrine Falcons within this Commonwealth to also include general class and nonresident falconry permit holders.

3. Persons Affected

 Persons wishing to take Arctic Peregrine Falcons within this Commonwealth under a falconry permit will be affected by this final-form rulemaking.

4. Comment and Response Summary

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

5. Cost and Paperwork Requirements

 This final-form rulemaking should not result in 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 regarding this final-form rulemaking, contact Thomas P. Grohol, Director, Bureau of Wildlife Protection, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717) 783-6526.


 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) and the regulations thereunder, 1 Pa. Code §§ 7.1 and 7.2.

 (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.


 The Commission, acting under the authorizing statute, orders that:

 (a) The regulations of the Commission, 58 Pa. Code Chapter 147, are amended by amending §§ 147.106a and 147.111b to read as set forth at 47 Pa.B. 2777.

 (b) The Executive Director of the Commission shall certify this order and 47 Pa.B. 2777 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 48-419 remains valid for the final adoption of the subject regulations.

[Pa.B. Doc. No. 17-1410. Filed for public inspection August 25, 2017, 9:00 a.m.]

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