1003 Hunting and trapping; furbearers

GAME COMMISSION

[ 58 PA. CODE CH. 141 ]

Hunting and Trapping; Furbearers

[45 Pa.B. 2605]
[Saturday, May 30, 2015]

 To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its April 10, 2015, meeting, adopted amendments to §§ 141.63 and 141.66 (relating to definitions; and cable restraints) to redefine ''cable restraints,'' identify a list of approved locks and clarify that furtakers who possess a valid bobcat permit could only utilize an incidentally caught bobcat during the established bobcat trapping season.

 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 45 Pa.B. 1630 (April 4, 2015).

1. Purpose and Authority

 The amendments to §§ 141.63 and 141.66 are designed to clarify the legal definition and use of cable restraints in this Commonwealth. The former definition of ''cable restraint'' in § 141.63 required the use of ''relaxing locks'' in cable restraint construction. The term ''relaxing lock'' has caused confusion for trappers and enforcement personnel due to varying interpretations of lock designs that comply with the regulation. The amendment to § 141.63 allows all lock designs approved by the Commission. The National trap testing program, administered by the Association of Fish & Wildlife Agencies, has been conducting field testing on cable restraints and has currently identified six lock designs that have performed at acceptable levels in terms of efficiency, selectivity and animal welfare criteria. By maintaining a list of approved lock designs, the Commission will be able to regularly incorporate results from ongoing cable restraint research. Additionally, the amendment to § 141.66 specifies that furtakers who possess a valid bobcat permit could only utilize an incidentally caught bobcat during the established bobcat trapping season.

 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 §§ 141.63 and 141.66 are adopted under this authority.

2. Regulatory Requirements

 The final-form rulemaking amends §§ 141.63 and 141.66 to redefine ''cable restraints,'' identify a list of approved locks and clarify that furtakers who possess a valid bobcat permit could only utilize an incidentally caught bobcat during the established bobcat trapping season.

3. Persons Affected

 Persons wishing to utilize cable restraints to trap authorized species of furbearers within this Commonwealth 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 Thomas P. Grohol, 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 §§ 141.63 and 141.66 to read as set forth at 45 Pa.B. 1630.

 (b) The Executive Director of the Commission shall certify this order and 45 Pa.B. 1630 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 48-378 remains valid for the final adoption of the subject regulations.

[Pa.B. Doc. No. 15-1003. Filed for public inspection May 29, 2015, 9:00 a.m.]