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PA Bulletin, Doc. No. 03-1182


[58 PA. CODE CH. 147]

Special Permits

[33 Pa.B. 2884]

   To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its April 8, 2003, meeting, proposed the following amendment:

   Amend § 147.222 (relating to permits for bird dog trials on Commission controlled lands) to clarify that permits for dog trials other than bird dog trials may be issued for State game lands (SGL).

   This proposed rulemaking will have no adverse impact on the wildlife resources of this Commonwealth.

   The authority for the proposed rulemaking is 34 Pa.C.S. (relating to Game and Wildlife Code) (code).

   The proposed rulemaking was made public at the April 8, 2003, meeting of the Commission, and comments can be sent until June 23, 2003, to the Director, Information and Education, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797.

1.  Introduction

   The Commission is proposing to amend § 147.222 to clarify that permits for dog trials other than bird dog trials may be issued for SGL.

2.  Purpose and Authority

   Currently, two sections provide for permits to hold dog trials:  § 147.222 applies to trials held on SGL and § 147.223 (relating to permits for dog trials on privately-owned lands) applies to privately owned lands. Although the Commission issues permits for many types of dog trials on SGL, the language in § 147.222 refers to permits for ''bird'' dog trials. Section 147.223 refers to dog trials with no reference to ''bird.'' By removing the reference ''bird'' from the section heading and § 147.222(a), this confusion can be eliminated. This amendment will clarify that permits for dog trials other than bird dog trials may be issued for SGL.

   Section 2901(b) of the code (relating to authority to issue permits) provides ''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 ''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 . . . .'' These provisions provide the statutory authority for the proposed rulemaking.

3.  Regulatory Requirements

   The proposed rulemaking will clarify that permits for dog trials other than bird dog trials may be issued for SGL by eliminating the word ''bird'' from § 147.222.

4.  Persons Affected

   Persons wishing to apply for a permit to hold dog trials on SGL will be affected by the proposed rulemaking.

5.  Cost and Paperwork Requirements

   The proposed rulemaking should not result in additional cost or paperwork.

6.  Effective Date

   The proposed rulemaking will be effective on 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 proposed rulemaking, contact Michael A. Dubaich, Director, Bureau of Law Enforcement, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717) 783-6526.

Executive Director

   Fiscal Note:  48-167. No fiscal impact; (8) recommends adoption.

Annex A





§ 147.222. Permits for [bird] dog trials on Commission controlled lands.

   (a)  A request for permission to hold a trial for [bird] dogs on lands under the control of the Commission shall be made in writing, at least 30 days in advance of the requested trial date, to the regional office under whose jurisdiction the lands are located.

*      *      *      *      *

[Pa.B. Doc. No. 03-1182. Filed for public inspection June 20, 2003, 9:00 a.m.]

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