GAME COMMISSION [58 PA. CODE CH. 141] Hunting and Trapping; Protective Material Required [36 Pa.B. 7249]
[Saturday, December 2, 2006]To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its October 3, 2006, meeting, adopted an amendment to § 141.20 (relating to protective material required).
The final-form rulemaking will have no adverse impact on the wildlife resources of this Commonwealth.
The authority for the final rulemaking is 34 Pa.C.S. (relating to Game and Wildlife Code) (code).
Notice of proposed rulemaking was published at 36 Pa.B. 5783 (September 16, 2006).
1. Purpose and Authority
On April 18, 2006, the Commission adopted the seasons and bag limits for the 2006-2007 hunting license year, which includes the much anticipated archery bear season scheduled to take place during the week prior to the traditional Statewide bear season. Despite the successful creation of the archery bear season, the Commission recognizes the need to amend § 141.20 to specifically except the bear archery season from certain fluorescent orange requirements. The Commission intends to treat the archery bear season in a manner similar to the archery deer season. Fluorescent orange is generally not required during the archery deer season. Without this amendment, archery bear hunters will be required to comply with default fluorescent orange requirements, which call for a minimum of 250 square inches of daylight fluorescent orange-colored material on the head, chest and back combined so that it is visible in a 360° arc at all times while hunting. Therefore, the Commission amended § 141.20 to create and accommodate fluorescent orange requirements for the newly created archery bear season. The Commission also took the opportunity to reorganize and reword a few of the subparagraphs in § 141.20 to improve clarity in the regulation.
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 amendment to § 141.20 was adopted under this authority.
2. Regulatory Requirements
The final-form rulemaking amends § 141.20 to create and accommodate fluorescent orange requirements for the newly created archery bear season.
3. Persons Affected
Persons wishing to hunt bear in this Commonwealth during the newly created archery bear season will be affected by this final-form rulemaking.
4. Comment and Response Summary
There were no official comments received regarding this 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 Richard A. Palmer, Acting 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 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 § 141.20 to read as set forth at 36 Pa.B. 5783.
(b) The Executive Director of the Commission shall certify this order and 36 Pa.B. 5783 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 48-234 remains valid for the final adoption of the subject regulation.
[Pa.B. Doc. No. 06-2341. Filed for public inspection December 1, 2006, 9:00 a.m.]
