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PA Bulletin, Doc. No. 05-1331



[58 PA. CODE CH. 139]

Seasons and Bag Limits

[35 Pa.B. 3927]

   To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its April 26, 2005, meeting, adopted an amendment to § 139.2 (relating to definitions) to remove redundant language to prevent confusion in the regulations regarding hunting hours.

   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. 2312 (April 16, 2005).

1.  Purpose and Authority

   It was brought to the attention of Commission staff that certain regulatory language in § 139.2 was redundant and therefore unnecessary. Section 139.2, in relevant part, formerly provided a one-sentence definition of ''hunting hours.'' However, § 141.4 (relating to hunting hours) already establishes when legal hunting hours occur in general and for certain specific seasons. To remove this redundancy and prevent confusion in the regulations, the Commission removed the redundant language in § 139.2.

   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 modification thereof . . . .'' 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, permitting or prohibiting hunting or furtaking, the ways, manner, methods and means of hunting or furtaking, and the health and safety of persons who hunt or take wildlife or may be in the vicinity of persons who hunt or take game or wildlife in this Commonwealth.'' The amendment to § 139.2 was adopted under this authority.

2.  Regulatory Requirements

   The final-form rulemaking eliminates the redundant language in § 139.2 regarding hunting hours.

3.  Persons Affected

   Persons wishing to hunt or trap 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 should not result in additional cost or paperwork.

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.


   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 139, are amended by amending § 139.2 to read as set forth at 35 Pa.B. 2312.

   (b)  The Executive Director of the Commission shall certify this order and 35 Pa.B. 2312 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 48-204 remains valid for the final adoption of the subject regulation.

[Pa.B. Doc. No. 05-1331. Filed for public inspection July 15, 2005, 9:00 a.m.]

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