1006 Hunting and trapping; special permits

GAME COMMISSION

[ 58 PA. CODE CHS. 141 AND 147 ]

Hunting and Trapping; Special Permits

[45 Pa.B. 2607]
[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 §§ 141.62 and 147.701 (relating to beaver and otter trapping; and general) to establish device type and number limitations for beaver and otter trappers in Wildlife Management Units (WMU) with an open otter season and also establish otter trapping permit, tagging and reporting requirements for this new 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. 1372 (March 21, 2015).

1. Purpose and Authority

 The Commission adopted a limited river otter season for the 2015-2016 trapping license year. See the final-form rulemaking published at 45 Pa.B. 2596 (May 30, 2015). To implement this new trapping opportunity, the Commission amends § 141.62 to establish device type and number limitations for beaver and otter trappers in WMUs with an open otter season and also amends § 147.701 to establish otter trapping permit, tagging and reporting requirements for this new 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.'' 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 §§ 141.62 and 147.701 are adopted under this authority.

2. Regulatory Requirements

 The final-form rulemaking amends §§ 141.62 and 147.701 to establish device type and number limitations for beaver and otter trappers in WMUs with an open otter season and also establish otter trapping permit, tagging and reporting requirements for this new season.

3. Persons Affected

 Persons wishing to trap beaver or river otter 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 Chapters 141 and 147, are amended by amending §§ 141.62 and 147.701 to read as set forth at 45 Pa.B. 1372.

 (b) The Executive Director of the Commission shall certify this order and 45 Pa.B. 1372 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 48-375 remains valid for the final adoption of the subject regulations.

[Pa.B. Doc. No. 15-1006. Filed for public inspection May 29, 2015, 9:00 a.m.]