[58 PA. CODE CH. 141] Hunting and Trapping; Elk [33 Pa.B. 5318] To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its June 24, 2003, meeting, adopted the following amendment:
Amend § 141.47 (relating to elk) to make it unlawful to drive or herd elk.
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. 2882 (June 21, 2003).
1. Introduction
The Commission amended § 141.47 to make it unlawful to drive or herd elk.
2. Purpose and Authority
Recently the Commission has experienced a number of problems with elk hunters and guides driving elk from one management zone to another or out of safety zones. This final-form rulemaking makes driving or herding elk unlawful.
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.'' This provision provides the statutory authority for the final-form rulemaking.
3. Regulatory Requirements
The final-form rulemaking makes it unlawful to drive or herd elk.
4. Persons Affected
Persons wishing to hunt elk or provide guide services to hunt elk 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.
Findings
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.
Order
The Commission, acting under authorizing statute, orders that:
(a) The regulations of the Commission, 58 Pa. Code Chapter 141, are amended by amending § 141.47 to read as set forth at 33 Pa.B. 2882.
(b) The Executive Director of the Commission shall certify this order and 33 Pa.B. 2882 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.
VERNON R. ROSS,
Executive DirectorFiscal Note: Fiscal Note 48-166 remains valid for the final adoption of the subject regulation.
[Pa.B. Doc. No. 03-2072. Filed for public inspection October 24, 2003, 9:00 a.m.]
