[58 PA. CODE CH. 147] Special Permits; Commercial Wildlife Pest Control [34 Pa.B. 2827] To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its January 27, 2004, meeting, adopted the following final-form rulemaking:
Amend § 147.721 (relating to general) to include the act of ''soliciting'' to the definition of activities requiring a commercial wildlife pest control permit.
The final-form rulemaking will have no adverse impact on the wildlife resources of this Commonwealth.
The final-form rulemaking was adopted under the authority of 34 Pa.C.S. (relating to the Game and Wildlife Code) (code).
Notice of proposed rulemaking was published at 34 Pa.B. 485 (January 24, 2004).
1. Introduction
The Commission is amending § 147.721 to include the act of ''soliciting'' as an activity requiring a commercial wildlife pest control permit. It is currently not unlawful to solicit for wildlife pest control without a commercial wildlife pest control permit. Unfortunately, this has resulted in several incidents of nonpermitted persons taking advantage of the public.
2. Purpose and Authority
The purpose of the amendment to § 147.721 is to protect the public from unscrupulous persons who advertise to perform commercial wildlife pest control services while not currently possessing a valid and current commercial wildlife pest control permit. Unfortunately, there have been several incidents of persons offering their services and activities for wildlife pest control when neither they nor their employees who were to perform the actual control service possessed a current commercial wildlife pest control permit issued by the Commission. Since the timing of some of these wildlife pest control methods and techniques is often critical, it is vitally important to more effectively regulate the activity.
Section 2901(b) of the code (relating to authority to issue permits) provides that ''Unless otherwise provided in this title, 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 amendment to § 147.721 was adopted under this authority.
3. Regulatory Requirements
The final-form rulemaking makes the act of soliciting to provide commercial wildlife pest control services unlawful without a current permit issued by the Commission.
4. Persons Affected
Persons who advertise or solicit wildlife pest control services and who are not currently permitted by the Commission will be affected by the final-form rulemaking. Wildlife pest control permittees will be protected from the competition from unpermitted individuals. The general public will be affected by not having someone advertising wildlife pest control services when they are not permitted by the Commission.
5. Comment and Response Summary
There were no official comments received regarding the final-form rulemaking.
6. Cost and Paperwork Requirements
The final-form rulemaking should not result in additional cost or paperwork.
7. 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.
8. Contact Person
For further information regarding the final-form rulemaking, contact Michael A. Dubaich, Director, Bureau of Law Enforcement, 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 § 147.721 to read as set forth at 34 Pa.B. 485.
(b) The Executive Director of the Commission shall certify this order and 34 Pa.B. 485 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.
VERNON R. ROSS,
Executive DirectorFiscal Note: Fiscal Note 48-174 remains valid for the final adoption of the subject regulation.
[Pa.B. Doc. No. 04-945. Filed for public inspection May 28, 2004, 9:00 a.m.]
