Title 58--RECREATION GAME COMMISSION [58 PA. CODE CH. 137] Collection of Fox Urine [31 Pa.B. 6051] To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its October 2, 2001, meeting, adopted the following change:
Amend § 137.31 (relating to possession of live wildlife) by limiting the number of live foxes that may be taken from the wild for the purpose of collecting fox urine, and establishing guidelines relating to same, as well as sanitation and housing specifications.
This amendment was adopted under the authority of 34 Pa.C.S. (relating to the Game and Wildlife Code) (code).
Notice of proposed rulemaking appears at 31 Pa.B. 4654 (August 25, 2001).
1. Introduction
To better manage the number of live foxes being collected and held from the wild, the Commission at its June 12, 2001, meeting proposed, and at its October 2, 2001, meeting finally amended § 137.31 placing a limit on the number of foxes that can be held for urine collection purposes and providing for sanitation and housing of those foxes. The possession of live foxes for urine collection by a permittee under § 137.31(a)(1) is an exception to subsection (a), which makes it unlawful to take or possess live wildlife taken from the wild. The adopted change limits the number of live foxes that can be held for urine collection to five and imposes sanitation and housing requirements. These changes were adopted under authority contained in section 2901(b) of the code (relating to authority to issue permits).
2. Purpose and Authority
As is indicated in the Introduction of this Preamble, § 137.31(a) makes it unlawful to possess live wildlife taken from the wild. Section 137.31(a)(1) currently makes an exception for a person to possess live foxes taken from a wild state in this Commonwealth, under a permit issued for the collection of fox urine. The adopted changes limit this exception to five foxes and imposes sanitation and housing requirements.
Section 2901(b) of the code permits the Commission to adopt regulations to properly manage game and wildlife and control activities performed under a permit. This section provides the authority for the adopted changes.
3. Regulatory Requirements
The adopted change will limit the number of live foxes a permittee may keep under the current exception provision of § 137.31 and impose sanitation and housing requirements.
4. Persons Affected
Persons wishing to keep live foxes may be affected by the adopted change.
5. Comment and Response Summary
No official comments were received regarding this adopted change.
6. Cost and Paperwork Requirements
The adopted change may result in a small additional cost in complying with the housing and sanitation requirements. There will be no additional paperwork.
7. Effective Date
The adopted change will be effective on final publication in the Pennsylvania Bulletin and will remain in effect until changed by the Commission.
8. Contact Person
For further information regarding this change, contact David E. Overcash, 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. 469, 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 137, are amended by amending § 137.31 to read as set forth in Annex A.
(b) The Executive Director of the Commission shall submit this order and Annex A to the Legislative Reference Bureau as required by law.
(c) This order shall take effective upon final publication in the Pennsylvania Bulletin.
VERNON R. ROSS,
Executive DirectorFiscal Note: Fiscal Note 48-133 remains invalid for the final adoption of the subject regulation.
Annex A TITLE 58. RECREATION PART III. GAME COMMISSION CHAPTER 137. WILDLIFE § 137.31. Possession of live wildlife.
(a) It is unlawful for a person to possess live wildlife taken from a wild state within this Commonwealth except:
(1) A permit to possess no more than five live foxes may be issued to a person for the sole purpose of collecting fox urine. The permit to possess live fox will expire on the last day of the fox-trapping season. Any foxes held under the authority of this permit shall be euthanized and may be pelted and the pelt may be sold. No fox held under the authority of this permit may be released into the wild.
(2) A person lawfully operating under the authority of a permit issued in accordance with the act is excluded from this section.
(3) Sanitation and housing specifications for foxes held under authority of this permit shall be in accordance with §§ 147.283 and 147.285(4)(xvii) (relating to sanitation; and specifications).
(b) A person violating this subchapter will be subject to the penalties provided in section 2307 of the act (relating to unlawful taking or possession of game or wildlife).
[Pa.B. Doc. No. 01-1960. Filed for public inspection November 2, 2001, 9:00 a.m.]
