Title 58--RECREATION GAME COMMISSION [58 PA. CODE CH. 141] Hunting Hours [29 Pa.B. 3886] To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) at its June 8, 1999, meeting, adopted the following changes:
Amend § 141.4 (relating to hunting hours) to allow the hunting of mourning doves the entire day during the 1999-2000 hunting season; and § 141.26 (relating to early Canada goose hunting season on Middle Creek Wildlife Management Area) to allow the controlled area at Middle Creek to be open during both an early and regular season.
These amendments are adopted under the authority of 34 Pa.C.S. (relating to Game and Wildlife Code) (code).
Amendment to § 141.4
1. Introduction
To more effectively manage the wildlife resources of this Commonwealth, the Commission at its meeting held on April 9, 1999, proposed and at its June 8, 1999, meeting finally adopted a change to § 141.4 to expand the hunting hours for mourning doves. This change was adopted under the provisions of sections 322(c)(1) and 2102(a) of the code (relating to powers and duties of the Commission; and regulations).
2. Purpose and Authority
The current provision of § 141.4(1) provides that mourning doves may be hunted from noon to sunset during the first season. It appears that mourning dove populations are sufficient to permit full hunting days during the first season. The adopted change will allow this.
Section 322(c)(1) of the code empowers the Commission to fix daily shooting or taking hours. Section 2102(a) of the code authorizes the Commission to promulgate regulations relating to the hunting of game or wildlife in this Commonwealth. The change was adopted under this authority.
3. Regulatory Requirements
The adopted change does not result in any additional regulatory requirements but rather relaxes current requirements.
4. Persons Affected
Individuals wishing to hunt mourning doves will be affected by the adopted change.
Amendment to § 141.26
1. Introduction
To effectively manage the wildlife resources of this Commonwealth, the Commission at its April 9, 1999, meeting proposed and at its June 8, 1999, meeting finally adopted changing § 141.26 to provide for goose hunting in both the early and regular seasons in the controlled area of Middle Creek Wildlife Management Area (MCWMA). This change was adopted under sections 322(c)(1) and 2102(b)(1) of the code.
2. Purpose and Authority
The Commission is required to set hunting and furtaking seasons and bag limits on an annual basis. Section 322 of the code specifically empowers the Commission to fix seasons for any species of game or wildlife. Section 2102(b) of the code mandates that the Commission promulgate regulations relating to seasons and bag limits.
Because of concerns about the migratory populations of Canada geese, the United States Fish and Wildlife Service will probably approve a very short regular Canada goose season in this Commonwealth. At the same time, the population of resident Canada geese has dramatically increased, resulting in numerous nuisance geese complaints. Authorizing goose hunting during both the regular and early seasons in the controlled goose hunting area of MCWMA should help to resolve this dilemma.
3. Regulatory Requirements
The change relaxes current regulatory requirements.
4. Comment and Paperwork Requirements
Persons wishing to hunt geese at MCWMA will be affected by the change.
5. Comment and Response Summary
No official comments were received with regard to the adopted change.
6. Cost and Paperwork Requirements
The adopted change should not result in any additional cost or paperwork.
7. Effective Date
This change will be effective on final publication in the Pennsylvania Bulletin and will remain in effect until changed by the Commission.
8. Contact Person
For further information on the adopted change contact James R. Fagan, Director, Bureau of Law Enforcement, (717) 783-6526, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797.
Findings
The Commission finds that:
(1) The 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 these 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 Game Commission, 58 Pa. Code Chapter 141, are amended by amending §§ 141.4 and 141.26 to read as set forth at 29 Pa.B. 2580 (May 15, 1999).
(b) The Executive Director of the Game Commission shall submit this order and 29 Pa.B. 2580 and depositthem with the Legislative Reference Bureau as required by law.
(c) This order amending §§ 141.4 and 141.26 shall become effective upon final publication in the Pennsylvania Bulletin.
VERNON R. ROSS,
Executive DirectorFiscal Note: Fiscal Note 48-111 remains valid for the final adoption of the subject regulations.
[Pa.B. Doc. No. 99-1178. Filed for public inspection July 23, 1999, 9:00 a.m.]
