Title 58—RECREATION GAME COMMISSION [ 58 PA. CODE CH. 131 ] Preliminary Provisions; Replacement Costs for Wildlife Killed [45 Pa.B. 6501]
[Saturday, November 7, 2015]To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its September 29, 2015, meeting, amended § 131.8 (relating to replacement costs for wildlife killed) to increase replacement costs for bald and golden eagles from $200 to $2,500.
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 45 Pa.B. 4921 (August 22, 2015).
1. Purpose and Authority
In accordance with goals established in the Pennsylvania Bald Eagle Management Plan, 2010-2019, the Commission determined that the bald eagle (Haliaeetus leucocephalus) achieved a population level and geographical distribution that no longer met the definition of a threatened species. As a result, on March 15, 2014, the bald eagle was officially removed from the Commonwealth's threatened species list. Notwithstanding the delisting, the bald eagle's population and the population of the golden eagle (Aquila chrysaetos) necessitate further protection from unlawful takings in the form of increased replacement costs.
Section 925(i) of the code (relating to jurisdiction and penalties) specifically states that ''[i]n addition to the fines and costs imposed for violations pursuant to subsection (b), the costs incurred by the commission for the replacement of the species involved in the violation shall be assessed by the magisterial district judge in such amount as is fixed by regulation of the commission.'' The Commission amends § 131.8 to increase replacement costs for bald and golden eagles from $200 to $2,500.
Section 2102(a) of the code (relating to regulations) provides that ''[t]he 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 § 131.8 are adopted under this authority.
2. Regulatory Requirements
The final-form rulemaking amends § 131.8 to increase replacement costs for bald and golden eagles from $200 to $2,500.
3. Persons Affected
Persons who unlawfully take or kill bald or golden eagles in this Commonwealth will 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 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 Thomas P. Grohol, 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 the authorizing statute, orders that:
(a) The regulations of the Commission, 58 Pa. Code Chapter 131, are amended by amending § 131.8 to read as set forth at 45 Pa.B. 4921.
(b) The Executive Director of the Commission shall certify this order and 45 Pa.B. 4921 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.
R. MATTHEW HOUGH,
Executive DirectorFiscal Note: Fiscal Note 48-386 remains valid for the final adoption of the subject regulation.
[Pa.B. Doc. No. 15-1966. Filed for public inspection November 6, 2015, 9:00 a.m.]
