488 Canada geese

GAME COMMISSION

[58 PA. CODE CH. 147]

Special Permits; Canada Geese

[37 Pa.B. 1311]
[Saturday, March 24, 2007]

   To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its January 23, 2007, meeting, adopted § 147.746 (relating to exceptions for resident Canada geese).

   The final-form rulemaking will have no 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 37 Pa.B. 211 (January 13, 2007).

1.  Purpose and Authority

   A change in Federal regulations removed the Federal requirement for persons to obtain a joint state/Federal depredation permit to control the number of resident Canada geese on their property in certain circumstances. Therefore, in an effort to maintain compliance and consistency with the new Federal regulations, the Commission added § 147.746 to remove the State requirement for a person to obtain a joint state/Federal depredation permit to control the number of resident Canada geese on their property in certain circumstances.

   Section 2901(b) of the code (relating to authority to issue permits) provides ''the commission may, as deemed necessary to properly manage the game or wildlife resources, promulgate regulations for the issuance of any permit and promulgate regulations to control the activities which may be performed under authority of any permit issued.'' 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 addition of § 147.476 was adopted under this authority.

2.  Regulatory Requirements

   The final-form rulemaking adds § 147.746 to remove the necessity for persons to obtain a joint state/Federal depredation permit to control the number of resident Canada geese on their property in certain circumstances.

3.  Persons Affected

   Persons wishing to reduce or control the number of resident Canada geese on their property may be affected by the 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, [phone].

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 adding § 147.746 to read as set forth at 37 Pa.B. 211.

   (b)  The Executive Director of the Commission shall certify this order and 37 Pa.B. 211 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 Director

   Fiscal Note: Fiscal Note 48-237 remains valid for the final adoption of the subject regulation.

[Pa.B. Doc. No. 07-488. Filed for public inspection March 23, 2007, 9:00 a.m.]