GAME COMMISSION [ 58 PA. CODE CH. 147 ] Special Permits [38 Pa.B. 3497]
[Saturday, June 28, 2008]To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its April 22, 2008, meeting, adopted the following rulemaking:
Amend § 147.701 (relating to general) to permit nonresident furtaker license holders to apply for and receive a bobcat hunting/trapping permit, to permit the Commission to automatically select bobcat hunting/trapping permit applicants who have attained the maximum number of preference points first with the random drawing for all other eligible applicants to follow, and to update the bobcat tagging procedures and remove the requirement that all bobcat carcasses be physically presented to the Commission for examination, data collection and permanent tagging.
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 38 Pa.B. 1483 (March 29, 2008).
1. Purpose and Authority
The Commission first authorized the hunting/trapping of bobcats in 2000 after 30 years of complete protection. Due to the low numbers of bobcat permits initially made available, the Commission limited the issuance of permits to residents of this Commonwealth only. The number of bobcat permits currently issued now exceeds 1,000 annually and a growing number of nonresidents have requested to have the opportunity to apply for and receive a bobcat hunting/trapping permit. Due to the abundance of the number of available bobcat hunting/trapping permits as well as the fact that nonresident furtakers make up less than 1% of the total number of licensed futakers in this Commonwealth, the Commission amended § 147.701 to permit nonresident furtaker license holders to apply for and receive a bobcat hunting/trapping permit.
In 2003, the Commission began awarding preference points to individuals who applied for but did not receive a bobcat harvest permit during a given year. The preference point system was designed to incrementally increase the probability of an individual's chances of being drawn for a bobcat hunting/trapping permit each year the applicant was unsuccessful. After reviewing the relevant data, the Commission has found that the current drawing process, albeit completely random, has the capability of allowing an applicant to attain the maximum number of preference points, yet never be drawn for a permit while at the same time allowing another applicant to be successfully drawn multiple times over the course of a number of years. In an effort to reduce this real or perceived inequity in the drawing process, the Commission amended § 147.701 to permit the Commission to automatically select bobcat hunting/trapping permit applicants who have attained the maximum number of preference points first with the random drawing for all other eligible applicants to follow.
Formerly, the tagging requirements found in § 147.701 required a successful hunter/trapper to submit the bobcat carcass to the Commission for examination, data collection and permanent tagging. The Commission determined that presentation of the carcass was no longer necessary for these purposes and that administration of the permanent tag issuance can be more efficiently accomplished by means of telephone and mail. Therefore, the Commission amended § 147.701 to update the bobcat tagging procedures and remove the requirement that all bobcat carcasses be physically presented to the Commission for examination, data collection and permanent tagging.
Section 2901(b) of the code (relating to authority to issue permits) provides that ''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.'' 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 amendment of § 147.701 was adopted under this authority.
2. Regulatory Requirements
The final-form rulemaking will amend § 147.701 to permit nonresident furtaker license holders to apply for and receive a bobcat hunting/trapping permit, to permit the Commission to automatically select bobcat hunting/trapping permit applicants who have attained the maximum number of preference points first with the random drawing for all other eligible applicants to follow, and to update the bobcat tagging procedures and remove the requirement that all bobcat carcasses be physically presented to the Commission for examination, data collection and permanent tagging.
3. Persons Affected
Persons wishing to hunt or trap bobcat within this Commonwealth will be affected by the final-form rulemaking.
4. Comment and Response Summary
The Commission received one comment respecting this final-form rulemaking in support of automatically selecting bobcat hunting/trapping permit applicants who have attained the maximum number of preference points first with the random drawing for all other eligible applicants to follow.
5. Cost and Paperwork Requirements
The final-form rulemaking should not result in any additional cost or paperwork.
6. Effective Date
The final-form rulemaking will be effective upon final-form 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 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 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 this 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 § 147.701 to read as set forth at 38 Pa.B. 1483.
(b) The Executive Director of the Commission shall certify this order and 38 Pa.B. 1483 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 48-265 remains valid for the final adoption of the subject regulation.
[Pa.B. Doc. No. 08-1193. Filed for public inspection June 27, 2008, 9:00 a.m.]
