2308 Hunting and trapping; big game  

  • Title 58—RECREATION

    GAME COMMISSION

    [ 58 PA. CODE CH. 141 ]

    Hunting and Trapping; Big Game

    [44 Pa.B. 7055]
    [Saturday, November 8, 2014]

     To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its September 23, 2014, meeting amended § 141.42 (relating to parties hunting big game) by deleting the voided roster requirement text.

     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 44 Pa.B. 5212 (August 2, 2014).

    1. Purpose and Authority

     On January 27, 2014, the act of November 27, 2013 (P. L. 1148, No. 103) (Act 103) became effective. Act 103 amended section 2324 of the code (relating to parties hunting big game) to eliminate the roster requirement and remove the Commission's authority to establish roster requirements. The Commission amends § 141.42 by deleting the voided roster requirement text.

     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 § 141.42 are adopted under this authority.

    2. Regulatory Requirements

     The final-form rulemaking amends § 141.42 by deleting the voided roster requirement text.

    3. Persons Affected

     Persons wishing to hunt big game within 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 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 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 141, are amended by amending § 141.42 to read as set forth at 44 Pa.B. 5212.

     (b) The Executive Director of the Commission shall certify this order and 44 Pa.B. 5212 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 Director

    Fiscal Note: Fiscal Note 48-367 remains valid for the final adoption of the subject regulation.

    [Pa.B. Doc. No. 14-2308. Filed for public inspection November 7, 2014, 9:00 a.m.]

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