GAME COMMISSION [ 58 PA. CODE CH. 147 ] Special Permits; Snow Goose Conservation Hunt Permit [41 Pa.B. 1624]
[Saturday, March 26, 2011]To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its February 1, 2011, meeting, amended § 147.783 (relating to permit) to authorize the use of electronic decoys for hunting and taking activities conducted under a snow goose conservation hunt permit.
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 40 Pa.B. 6688 (November 20, 2010).
1. Purpose and Authority
In recent years, continental snow goose populations have experienced rapid growth in numbers. This dramatic increase in population size has in turn resulted in extensive damage to arctic and subarctic breeding habitats of the continental snow goose, as well as other bird populations dependent on these habitats. In January 2008, the Commission, working in conjunction with the United States Fish and Wildlife Service, added Chapter 147, Subchapter W (relating to snow goose conservation hunt permit) to define and create the regulatory structure necessary to implement the new Snow Goose Conservation Hunt Program (Program) in this Commonwealth. See 38 Pa.B. 1472 (March 29, 2008). In January 2009, the Commission amended the Program to authorize the limited use of electronic calls for hunting and taking activities conducted under a snow goose conservation hunt permit. See 39 Pa.B. 1205 (March 7, 2009). In light of the Commission's continued recognition of the need to dramatically increase the harvest of continental snow geese in this Commonwealth, the Commission amends § 147.783 to authorize the use of electronic decoys for hunting and taking activities conducted under a snow goose conservation hunt permit.
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.'' The amendments to § 147.783 are adopted under this authority.
2. Regulatory Requirements
The final-form rulemaking amends § 147.783 by adding language to authorize the use of electronic decoys for hunting and taking activities conducted under a snow goose conservation hunt permit.
3. Persons Affected
Persons hunting snow geese during the snow goose conservation season may be affected by the final-form rulemaking.
4. Comment and Response Summary
The Commission received one official written comment concerning this final-form rulemaking. This written comment supported the legalization of the use of electronic decoys during the snow goose conservation season.
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 R. Palmer, 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 § 147.783 to read as set forth at 40 Pa.B. 6688.
(b) The Executive Director of the Commission shall certify this order and 40 Pa.B. 6688 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 48-318 remains valid for the final adoption of the subject regulation.
[Pa.B. Doc. No. 11-510. Filed for public inspection March 25, 2011, 9:00 a.m.]
