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PA Bulletin, Doc. No. 09-1020

RULES AND REGULATIONS

GAME COMMISSION

[ 58 PA. CODE CH. 141 ]

Hunting and Trapping

[39 Pa.B. 2801]
[Saturday, June 6, 2009]

   To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its April 21, 2009, meeting, adopted the following rulemaking:

   Amend Chapter 141, Appendix G to update the tables of hunting hours for the 2009-2010 hunting year to reflect the annual change in days and subsequent hunting times.

   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 39 Pa.B. 1393 (March 21, 2009).

1.  Purpose and Authority

   Each year there is a shift in calendar days for each month. As a result of this occurrence, the tables of hunting hours found in Chapter 141, Appendix G must be amended and updated each year to reflect the current year's hunting dates and corresponding legal hunting hours. The Commission amended Chapter 141, Appendix G to update the tables of hunting hours for the 2009-2010 hunting year to reflect the annual change in days and subsequent hunting times.

   Section 322(c)(1) of the code (relating to powers and duties of the Commission) specifically empowers the Commission to ''fix seasons, daily shooting or taking hours, and any modification thereof, and daily, season and possession limits for any species of game or wildlife.'' 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 amendments to Chapter 141, Appendix G were adopted under this authority.

2.  Regulatory Requirements

   The final-form rulemaking amended Chapter 141, Appendix G to update the tables of hunting hours for the 2009-2010 hunting year to reflect the annual change in days and subsequent hunting times.

3.  Persons Affected

   Persons wishing to hunt or trap within this Commonwealth during the 2009-2010 hunting year will be affected by the final-form rulemaking.

4.  Comment and Response Summary

   The Commission received one comment regarding this final-form rulemaking in support of all day hunting during the spring gobbler season.

5.  Cost and Paperwork Requirements

   The final-form rulemaking should not result in any additional cost or paperwork.

6.  Effective Date

   The effective dates of the final-form rulemaking are July 1, 2009, to June 30, 2010.

7.  Contact Person

   For further information regarding the final-form rulemaking, contact Richard A. Palmer, Director, Bureau of Wildlife Protection, 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 (relating to notice of proposed rulemaking required; and adoption of regulations).

   (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.

Order

   The Commission, acting under authorizing statute, orders that:

   (a)  The regulations of the Commission, 58 Pa. Code Chapter 141, are amended by amending Appendix G to read as set forth at 39 Pa.B. 1393.

   (b)  The Executive Director of the Commission shall certify this order and 39 Pa.B. 1393 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.

CARL G. ROE,   
Executive Director

   Fiscal Note:  Fiscal Note 48-282 remains valid for the final adoption of the subject regulation.

[Pa.B. Doc. No. 09-1020. Filed for public inspection June 5, 2009, 9:00 a.m.]


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