1088 Hunting and trapping; elk

GAME COMMISSION

[ 58 PA. CODE CH. 141 ]

Hunting and Trapping; Elk

[44 Pa.B. 3099]
[Saturday, May 24, 2014]

 To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) at its April 8, 2014, meeting amended § 141.47 (relating to elk) to eliminate the Route 555 corridor safety zone.

 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. 1435 (March 15, 2014).

1. Purpose and Authority

 In 2004, the Board of Commissioners adopted regulations creating a 150-yard safety zone for elk along the Route 555 corridor from Weedville to Hicks Run in an effort to address existing problems with road hunting and the killing of highly visible elk in yards and public places found within this area. The Commission determined that this safety zone is no longer necessary and that existing laws and regulations can adequately protect the public and wildlife from unsafe or unethical behavior. Furthermore, the Commission also determined that harvest of some of the elk within this corridor is necessary to maintain elk populations in more appropriate habitats. The Commission amended § 141.47 to eliminate the Route 555 corridor safety zone.

 Section 322(c)(4) of the code (relating to powers and duties of commission) specifically authorizes the Commission to ''[d]efine geographic limitations or restrictions.'' Section 2102(a) of the code (relating to regulations) provides that ''[t]he 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 amendments to § 141.47 are adopted under this authority.

2. Regulatory Requirements

 The final-form rulemaking amends § 141.47 to eliminate the Route 555 corridor safety zone.

3. Persons Affected

 Persons owning property or wishing to hunt elk within the Route 555 corridor safety zone will 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, [phone].

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 Chapter 141, are amended by amending § 141.47 to read as set forth at 44 Pa.B. 1435.

 (b) The Executive Director of the Commission shall certify this order and 44 Pa.B. 1435 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 Director

 Fiscal Note: Fiscal Note 48-360 remains valid for the final adoption of the subject regulation.

[Pa.B. Doc. No. 14-1088. Filed for public inspection May 23, 2014, 9:00 a.m.]