Title 58—RECREATION GAME COMMISSION [ 58 PA. CODE CHS. 131 AND 141 ] Preliminary Provisions; Hunting and Trapping [44 Pa.B. 3091]
[Saturday, May 24, 2014]To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) at its April 8, 2014, meeting amended §§ 131.2, 141.43—141.45 and 141.47 to lengthen the broadhead length limitation from 3 inches to 3.25 inches.
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. 1440 (March 15, 2014).
1. Purpose and Authority
Former regulations prohibited a person from hunting big game using an arrow or bolt equipped with a broadhead exceeding 3 inches in length. The Commission recently received a request to lengthen the broadhead length limitation to 3.25 inches to authorize certain handmade and commercially sold products. The Commission reviewed applicable safety and wildlife management concerns and determined that this nominal expansion of authorized broadheads will not have a negative impact on the wildlife resources of this Commonwealth. The Commission amended §§ 131.2, 141.43—41.45 and 141.47 to lengthen the broadhead length limitation from 3 inches to 3.25 inches.
Section 2102(d) of the code (relating to regulations) authorizes the Commission to ''promulgate regulations stipulating the size and type of traps, the type of firearms and ammunition and other devices which may be used, the manner in which and the location where the devices may be used, the species the devices may be used for and the season when the devices may be used.'' The amendments to §§ 131.2, 141.43—141.45 and 141.47 are adopted under this authority.
2. Regulatory Requirements
The final-form rulemaking amends §§ 131.2, 141.43—141.45 and 141.47 to lengthen the broadhead length limitation from 3 inches to 3.25 inches.
3. Persons Affected
Persons wishing to hunt or take game using a bow and arrow or crossbow and bolt may 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 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 amendments 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 Chapters 131 and 141, are amended by amending §§ 131.2, 141.43—141.45 and 141.47 to read as set forth at 44 Pa.B. 1440.
(b) The Executive Director of the Commission shall certify this order and 44 Pa.B. 1440 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 DirectorFiscal Note: Fiscal Note 48-361 remains valid for the final adoption of the subject regulations.
[Pa.B. Doc. No. 14-1085. Filed for public inspection May 23, 2014, 9:00 a.m.]
