GAME COMMISSION [ 58 PA. CODE CH. 141 ] Hunting and Trapping; Hunting Hours [43 Pa.B. 3006]
[Saturday, June 1, 2013]To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) at its April 15, 2013, meeting amended Chapter 141, Appendix G (relating to hunting hours) by replacing the current hunting hours table and migratory bird hunting hours table to accurately reflect the dates and hours of legal hunting for the 2013-2014 hunting license year. The Commission also amended § 141.4 (relating to hunting hours) to add feral swine and wild boar to the list of species that may be lawfully taken during the regular antlered and antlerless deer seasons and expand references to the seasons during which coyotes may be hunted to ''big game.''
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 43 Pa.B. 1710 (March 30, 2013).
1. Purpose and Authority
Each year there is a shift in calendar days for each month. As a result of this occurrence, the time tables in Appendix G must be amended and updated on an annual basis to accurately reflect the upcoming year's dates and hours for legal hunting. The Commission amended Appendix G to replace the current hunting hours table and migratory bird hunting hours table to accurately reflect the dates and hours of legal hunting for the 2013-2014 hunting license year. The Commission amended § 141.4 to add feral swine and wild boar to the list of species that may be lawfully taken during the regular antlered and antlerless deer seasons and expand references to the seasons during which coyotes may be hunted to ''big game'' to maintain consistency with § 139.4 (relating to seasons and bag limits for the license year).
Section 322(c)(1) of the code (relating to powers and duties of commission) specifically empowers the Commission to ''fix seasons, daily shooting or taking hours, and any modification thereof, and daily, season and possession limits for any species of game or wildlife.'' Section 2102(a) of the code (relating to regulations) provides that ''The 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 § 141.4 and Appendix G are adopted under this authority.
2. Regulatory Requirements
The final-form rulemaking amends Appendix G by replacing the current hunting hours table and migratory bird hunting hours table to accurately reflect the dates and hours of legal hunting for the 2013-2014 hunting license year. The final-form rulemaking also amends § 141.4 by adding feral swine and wild boar to the list of species that may be lawfully taken during the regular antlered and antlerless deer seasons and expand references to the seasons during which coyotes may be hunted to ''big game.''
3. Persons Affected
Persons wishing to hunt or trap game or wildlife within this Commonwealth during the 2013-2014 hunting year 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 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 authorizing statute, orders that:
(a) The regulations of the Commission, 58 Pa. Code Chapter 141, are amended by amending § 141.4 and Appendix G to read as set forth at 43 Pa.B. 1710.
(b) The Executive Director of the Commission shall certify this order and 43 Pa.B. 1710 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.
CARL G. ROE,
Executive DirectorFiscal Note: Fiscal Note 48-352 remains valid for the final adoption of the subject regulations.
[Pa.B. Doc. No. 13-991. Filed for public inspection May 31, 2013, 9:00 a.m.]
