GAME COMMISSION [58 PA. CODE CH. 141] Big Game Harvest Report Requirement [35 Pa.B. 3933] To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its April 26, 2005, meeting, adopted an amendment to § 141.41 (relating to general) to establish a big game harvest report requirement.
The final-form rulemaking will have no adverse impact on the wildlife resources of this Commonwealth.
The authority for the final rulemaking is 34 Pa.C.S. (relating to Game and Wildlife Code) (code).
Notice of proposed rulemaking was published at 35 Pa.B. 2313 (April 16, 2005).
1. Purpose and Authority
The Legislature recently amended section 2323 of the code (relating to tagging and reporting big game kills) by eliminating the statutory language setting forth the lawful methods and manners for reporting big game kills. The intent behind this amendment was to shift the authority to establish lawful methods and manners for reporting big game kills to the Commission to promote and facilitate alternative methods and manners for reporting other than the harvest report card. To reestablish the big game harvest report requirement in the regulations, the Commission amended § 141.41.
Section 322(c)(11) of the code (relating to powers and duties of commission) specifically empowers the Commission to ''Collect, classify and preserve such statistics, data and information as in its judgment will tend to promote the object of this title and take charge and keep all reports, books, papers and documents which shall, in the discharge of its duties, come into its possession or under its control.'' 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 . . . in this Commonwealth.'' The amendment to § 141.41 was adopted under this authority.
2. Regulatory Requirements
The final-form rulemaking establishes a big game harvest report requirement in § 141.41.
3. Persons Affected
Persons wishing to harvest big game within this Commonwealth 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 may result in minor additional cost or paperwork if alternative forms of reporting big game kills are created and implemented.
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, (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 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 § 141.41 to read as set forth in Annex A.
(b) The Executive Director of the Commission shall certify this order and Annex A 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.
VERNON R. ROSS,
Executive DirectorFiscal Note: Fiscal Note 48-205 remains valid for the final adoption of the subject regulation.
Annex A TITLE 58. RECREATION PART III. GAME COMMISSION CHAPTER 141. HUNTING AND TRAPPING Subchapter C. BIG GAME § 141.41. General.
(a) Permitted acts. It is lawful to take:
(1) Bear or elk with a crossbow with a draw weight of not less than 125 pounds nor more than 200 pounds.
(2) Deer during any firearms season for deer with a crossbow with a draw weight of not less than 125 pounds nor more than 200 pounds.
(3) Deer with a crossbow with a draw weight of not less than 125 pounds nor more than 200 pounds in Wildlife Management Units 2B, 5C and 5D.
(b) It is unlawful to:
(1) Hunt for big game birds or animals with arrows or crossbow bolts other than those tipped with broadheads of a cutting-edge design.
(2) Hunt for deer or bear through the use of any one or more of the following:
(i) A muzzleloading handgun.
(ii) A muzzleloading firearm that is not .44 caliber or larger.
(3) Kill big game by mistake or accident and immediately after killing and before removing any big game from the location of the killing, fail to fully complete the proper game fill tag in compliance with the instructions printed on the tag and attach only the game kill tag to the big game.
(4) Kill big game by mistake or accident and fail to report the killing to the appropriate Commission regional office as soon as possible but no later than 12 hours after the time of kill.
(5) Within 10 days of the kill, fail to complete the report card supplied with the hunting license for reporting big game killed and mail the report card to the Commission at Harrisburg or by any other method designated by the Director.
(6) Receive a DMAP permit without reporting in the manner prescribed on the permit.
[Pa.B. Doc. No. 05-1333. Filed for public inspection July 15, 2005, 9:00 a.m.]
