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PA Bulletin, Doc. No. 04-1711



[58 PA. CODE CH. 137]

Wildlife; Feeding

[34 Pa.B. 5154]

   To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its June 29, 2004, meeting, adopted an amendment to § 137.33 (relating to feeding of certain wildlife prohibited).

   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 34 Pa.B. 3015 (June 12, 2004).

1.  Introduction

   The Commission amends § 137.33 to allow the ban on feeding bears to remain in effect, until amended or deleted by the Commission, by removing the expiration language from the section.

2.  Purpose and Authority

   In recent years, bear populations have increased in parts of this Commonwealth. These increases in bear populations have unfortunately resulted in increased instances of bear/human conflicts. The feeding of bears has consistently been an aggravating factor in many of these conflicts, because this feeding has attracted bears to developed areas. In an effort to limit bear/human conflicts, Chapter 137 (relating to wildlife) was amended to make it unlawful to feed bears. This amendment, however, contained expiration language, which directed that ''This section shall expire October 31, 2004, unless a regulation is promulgated reauthorizing it.'' The Commission has reauthorized § 137.33 to allow it to remain in effect until it is amended or deleted by removing the expiration language.

   Section 103(a) of the code (relating to ownership, jurisdiction and control of game and wildlife) states that ''The ownership, jurisdiction over and control of game or wildlife is vested in the commission . . . .'' 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 . . . including regulations relating to the protection, preservation and management of game or wildlife and game . . . in this Commonwealth.'' The amendment to § 137.33 was adopted under this authority.

3.  Regulatory Requirements

   The final-form rulemaking amends § 137.33 by removing the expiration language, thus allowing the ban on feeding bears to remain in effect until it is amended or deleted by the Commission.

4.  Persons Affected

   Persons living within areas where black bears are located 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 upon 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.


   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.


   The Commission, acting under authorizing statute, orders that:

   (a)  The regulations of the Commission, 58 Pa. Code Chapter 137, are amended by amending § 137.33 to read as set forth at 34 Pa.B. 3015.

   (b)  The Executive Director of the Commission shall certify this order and 34 Pa.B. 3015 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.

Executive Director

   Fiscal Note: Fiscal Note 48-188 remains valid for the final adoption of the subject regulation.

[Pa.B. Doc. No. 04-1711. Filed for public inspection September 17, 2004, 9:00 a.m.]

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