GAME COMMISSION [ 58 PA. CODE CH. 147 ] Special Permits; Nuisance Wildlife Control Operator [42 Pa.B. 7109]
[Saturday, November 17, 2012]To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) at its September 25, 2012, meeting amended § 147.724 (relating to nuisance wildlife control operator examination) to require applicants to take the required examination within 180 days of the final approval of their applications by the Bureau of Wildlife Protection (Bureau) and limit approved applicants to a total of two opportunities to take the examination each permit year. The Commission also rescinded § 147.724a and added these requirements to § 147.724.
The final-form rulemaking will not have an 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 42 Pa.B. 5236 (August 11, 2012).
1. Purpose and Authority
Each year the Commission processes a few hundred nuisance wildlife control operator applications. The application process ends with an examination that shall be passed with a minimum score of 80% before a permit will be issued. In numerous instances, applicants never take the examination or contact the Commission after an extended period of time and request the opportunity to take the examination. Prior to this final-form rulemaking, § 147.724 did not limit an applicant from taking the examination months or even years after his initial application. The deferral in time often resulted in unreasonable administrative difficulties for the Commission in its attempt to accommodate the delayed testing for these applicants. The Commission amended § 147.724 to require applicants to take the required examination within 180 days of the final approval of their applications by the Bureau.
The nuisance wildlife control operator examination has a high failure rate. This is normally the result of the applicant not reviewing or studying the materials provided by the Commission. The Commission recently identified a significant rise in the number of applicants retesting, sometimes multiple times in a single year, in an attempt to learn the material from the test and ultimately pass the examination. Prior to this final-form rulemaking, § 147.724 did not limit the number of times an approved applicant could take the required examination. The Commission amended § 147.724 to limit approved applicants to a total of two opportunities to take the examination each permit year.
Lastly, the Commission rescinded § 147.724a and added the requirements to § 147.724. This amendment is nonsubstantive and does not create or remove regulatory requirements.
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 § 147.724 and the rescission of § 147.724a are adopted under this authority.
2. Regulatory Requirements
The final-form rulemaking amends § 147.724 to require applicants to take the required examination within 180 days of the final approval of their applications by the Bureau and limits approved applicants to a total of two opportunities to take the examination each permit year. The final-form rulemaking rescinds § 147.724a and adds the requirements to § 147.724.
3. Persons Affected
Persons wishing to apply for a nuisance wildlife control operator permit may be affected by the final-form rulemaking.
4. Comment and Response Summary
There were no official comments received regarding the final-form rulemaking.
5. Cost and Paperwork Requirements
The final-form rulemaking should not result in additional cost or paperwork.
6. Effective Date
The final-form rulemaking will be effective upon 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 final-form rulemaking, contact Richard R. Palmer, Director, Bureau of Wildlife Protection, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717) 783-6526.
Findings
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.
Order
The Commission, acting under authorizing statute, orders that:
(a) The regulations of the Commission, 58 Pa. Code Chapter 147, are amended by deleting § 147.724a and amending § 147.724 to read as set forth at 42 Pa.B. 5236.
(b) The Executive Director of the Commission shall certify this order and 42 Pa.B. 5236 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.
CARL G. ROE,
Executive DirectorFiscal Note: Fiscal Note 48-348 remains valid for the final adoption of the subject regulations.
[Pa.B. Doc. No. 12-2226. Filed for public inspection November 16, 2012, 9:00 a.m.]
