1068 Cable restraints

GAME COMMISSION

[58 PA. CODE CH. 141]

Hunting and Trapping; Cable Restraints

[36 Pa.B. 2975]
[Saturday, June 17, 2006]

   To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its January 24, 2006, meeting, adopted an amendment to § 141.63 (relating to definitions).

   The final-form rulemaking will have no 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 36 Pa.B. 21 (January 7, 2006).

1.  Purpose and Authority

   The Commission added § 141.66 (relating to cable restraints) to permit the lawful use of cable restraint devices to trap certain furbearers. This regulatory addition required the Commission to amend § 141.63 to provide a definition for ''cable restraint.'' Unfortunately, due either to typographical error or plain misstatement, this definition of ''cable restraint'' did not accurately describe its intended meaning. Therefore, the Commission amended § 141.63 in an effort to correct this mistake and provide a more accurate definition of ''cable restraint.''

   Section 322(c)(5) of the code (relating to powers and duties of the commission) specifically empowers the Commission to ''Fix the type and number of devices which may be used to take game or wildlife.'' Section 2102(d) of the code (relating to regulations) authorizes the Commission to ''promulgate regulations stipulating the size and type of traps . . . 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 2102(a) of the code 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 amendment of § 141.63 was adopted under this authority.

2.  Regulatory Requirements

   The final-form rulemaking amends § 141.63 to provide a more accurate definition of ''cable restraint'' by making two minor language adjustments to the existing definition.

3.  Persons Affected

   Persons wishing to use cable restraint devices to trap certain furbearers will be affected by the final-form rulemaking.

4.  Comment and Response Summary

   There were no official comments received regarding this 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 Michael A. Dubaich, Director, Bureau of Law Enforcement, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, [phone].

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 141, are amended by amending § 141.63 to read as set forth at 36 Pa.B. 21.

   (b)  The Executive Director of the Commission shall certify this order and 36 Pa.B. 21 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 Director

   Fiscal Note: Fiscal Note 48-222 remains valid for the final adoption of the subject regulation.

[Pa.B. Doc. No. 06-1068. Filed for public inspection June 16, 2006, 9:00 a.m.]