RULES AND REGULATIONS
[58 PA. CODE CH. 141]
Hunting and Trapping; Shooting Hours
[33 Pa.B. 2752] To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its April 8, 2003, meeting, adopted the following amendment:
Amend Chapter 141 (relating to hunting and trapping) to add Appendix G to provide actual hunting hours by adding the table of shooting hours and the Pennsylvania meridian map.
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 33 Pa.B. 1355 (March 15, 2003).
1. Introduction
The Commission has amended Chapter 141 by adding Appendix G.
2. Purpose and Authority
Although § 141.4 (relating to hunting hours) does provide that hunting hours are 1/2 hour before sunrise to sunset, the actual times are not stated in Chapter 141. Therefore, the Commission added the table of hunting hours and Pennsylvania Meridian Map to Chapter 141 to clearly define the legal hunting hours and also make them available for reference.
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 modifications thereof. . . .'' Section 2102(a) of the code (relating to regulations) authorizes the Commission to ''promulgate such regulations as it deems necessary and appropriate concerning game or wildlife and hunting. . . .'' Section 2102(b)(1) of the code authorizes the Commission to ''promulgate regulations relating to seasons and bag limits for hunting. . . .'' These provisions provide the statutory authority for the final-form rulemaking.
3. Regulatory Requirements
The final-form rulemaking does not change any existing regulations but rather adds a table listing the legal hunting hours and an accompanying Pennsylvania Meridian Map to the regulations.
4. Persons Affected
Persons wishing to find a table of shooting hours in the regulations will be affected by the final-form rulemaking.
5. Comment and Response Summary
There were no official comments received regarding this final-form rulemaking.
6. Cost and Paperwork Requirements
The final-form rulemaking should not result in additional cost or paperwork.
7. Effective Date
The final-form rulemaking will be effective on publication in the Pennsylvania Bulletin and will remain in effect until changed by the Commission.
8. 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 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 adding Appendix G to read as set forth at 33 Pa.B. 1355 and by amending § 141.4 to read as set forth in Annex A, with ellipses referring to the existing text of the regulation.
(b) The Executive Director of the Commission shall certify this order, 33 Pa.B. 1355 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 48-158 remains valid for the final adoption of the subject regulations.
Annex A
TITLE 58. RECREATION
PART III. GAME COMMISSION
CHAPTER 141. HUNTING AND TRAPPING
Subchapter A. GENERAL § 141.4. Hunting hours.
During open hunting seasons, wild birds and animals may be taken 1/2 hour before sunrise to sunset unless further restricted. (See Pennsylvania Meridian Map and Table of Hunting Hours in Appendix G.)
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[Pa.B. Doc. No. 03-1114. Filed for public inspection June 13, 2003, 9:00 a.m.]
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