GAME COMMISSION [58 PA. CODE CH. 147] Special Permits; Protected Specimen [36 Pa.B. 7453]
[Saturday, December 9, 2006]The Game Commission (Commission) published a final-form rulemaking at 36 Pa.B. 2979 (June 17, 2006) that appears to be the Commission's rulemaking regarding taking lawful possession of certain furbearers accidentally killed on the roadway. The language published at 36 Pa.B. 2979 happened to be the prior, proposed version of the same rulemaking. This language was not representative of the rulemaking finally adopted by the Commission at its January 24, 2006, meeting since it did not include a number of amendments made by the Commission. In an effort to correct this inadvertent error, the Commission has resubmitted the final rulemaking materials for republication. Under these circumstances, republication in this manner, a final-omitted rulemaking, is authorized by section 204 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. § 1204), known as the Commonwealth Documents Law (CDL).
To effectively manage the wildlife resources of this Commonwealth, the Commission, at its January 24, 2006, meeting, adopted amendments to § 147.142 (relating to possession of wildlife accidentally killed by a motor vehicle).
The final-omitted rulemaking will have no adverse impact on the wildlife resources of this Commonwealth.
The authority for the final-omitted rulemaking is 34 Pa.C.S. (relating to Game and Wildlife Code) (code).
A notice of proposed rulemaking was published at 36 Pa.B. 27 (January 7, 2006).
1. Purpose and Authority
The skins from the various furbearers found in the wilds of this Commonwealth are a valuable Pennsylvania resource. Each year many of these furbearers are accidentally struck and killed on highways in this Commonwealth by automobiles, which typically results in the unfortunate waste of many of the skins from these animals. Former regulations prohibited anyone, including licensed furtakers, from utilizing road-killed furbearers without first purchasing them from the Commission, because these animals were not lawfully taken or harvested with a firearm or trap. Unfortunately, it is not always economical for someone to purchase a road-killed furbearer for utilization. In an effort to reduce the waste of this Commonwealth's valuable resources and provide additional opportunity to licensed furtakers, the Commission amends § 147.142 to permit persons possessing a valid furtaking license to take possession and make use of certain furbearers (excepting river otters, bobcats and fishers) accidentally killed on highways in this Commonwealth.
Section 103(a) of the code (relating to ownership, jurisdiction and control of game and wildlife) states that ''The ownership, jurisdiction over and control of game or wildlife is vested in the commission as an independent agency of the Commonwealth in its sovereign capacity to be controlled regulated and disposed of in accordance with this chapter.'' 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 § 147.142 was adopted under this authority.
2. Regulatory Requirements
The final-omitted rulemaking amends § 147.142 to permit the lawful possession of certain furbearers (excepting river otters, bobcats and fishers) accidentally killed on the highway by persons possessing a valid furtaking license.
3. Persons Affected
Persons wishing to take possession of certain furbearers accidentally killed on the highway will be affected by the final-omitted rulemaking.
4. Comment and Response Summary
There were no official comments received regarding this final-omitted rulemaking.
5. Cost and Paperwork Requirements
This final rulemaking may result in some additional costs to the Commission by creating increased demand on regional dispatcher resources relating to receiving calls from persons taking possession of furbearers accidentally killed on the highway during the closed season of that furbearer. However, to the extent there are any additional expenses, the Commission has determined they would not be substantial and would be absorbed by the current budget.
6. Effective Date
The final-omitted 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-omitted 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 147, are amended by amending § 147.142 to read as set forth in Annex A.
(b) The Executive Director of the Commission shall certify this order and Annex A 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 48-243 remains valid for the final adoption of the subject regulation.
Annex A TITLE 58. RECREATION PART III. GAME COMMISSION CHAPTER 147. SPECIAL PERMITS Subchapter H. PROTECTED SPECIMEN § 147.142. Possession of wildlife accidentally killed by a motor vehicle.
(a) A resident of this Commonwealth may immediately take possession of a deer accidentally killed on the highway and transport it to a place of safekeeping within this Commonwealth. The person taking possession shall contact a regional office or a local Commission officer, for a permit number within 24 hours after having taken possession of the deer. The permit number shall be considered a valid permit for the purposes of the act and this part and shall be valid for a period not to exceed 120 days from the date of issuance. The whole or any part of the deer may not be given to any person nor may any edible part be removed from the recipient's place of residence. The recipient may not sell or transfer the hide to another party except the hide may be given to the deer processor. Unused parts of the deer must be disposed of lawfully.
(b) Holders of a valid furtakers license may take possession of a furbearer, except river otters, bobcats and fishers, accidentally killed on the highway. Persons taking possession of any furbearer under this section during the closed season for taking that furbearer shall within 24 hours contact any Commission regional office to make notification of said possession.
(c) It is unlawful:
(1) To possess a deer accidentally killed on the highway for more than 24 hours without applying for a permit number.
(2) To give the whole or an edible part of a deer to a person.
(3) To fail to comply with one or more conditions of the permit.
(4) For a nonresident to possess a deer accidentally killed on the highway.
(5) To possess a furbearer accidentally killed on the highway during the closed season for more than 24 hours without notifying the Commission.
(6) To possess a river otter, bobcat or fisher accidentally killed on the highway, unless otherwise permitted by the Commission.
(d) This section is not applicable under circumstances when a person is charged with violating another statute or regulation involving deer or furbearers. This section may not be used nor will it be accepted as a defense in a legal proceeding involving these cases.
(e) This section may not be construed in any manner to limit lawful possession of furbearers under § 147.141 (relating to sale of wildlife and wildlife parts).
[Pa.B. Doc. No. 06-2409. Filed for public inspection December 8, 2006, 9:00 a.m.]
