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PA Bulletin, Doc. No. 11-875

RULES AND REGULATIONS

GAME COMMISSION

[ 58 PA. CODE CH. 141 ]

Hunting and Trapping; Hunting Hours

[41 Pa.B. 2695]
[Saturday, May 28, 2011]

 To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) at its April 12, 2011, meeting, amended § 141.4 (relating to hunting hours) by removing the limitations prohibiting the hunting of woodchuck, opossum, skunk and weasel during legal hunting hours of the spring gobbler season and to amend Chapter 141, Appendix G (relating to hunting hours) by updating the current hunting hours table and migratory bird hunting hours table to accurately reflect the dates and hours of legal hunting for the 2011-2012 hunting license year.

 The final-form rulemaking will not have an 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 41 Pa.B. 1627 (March 26, 2011).

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 in Appendix G are amended and updated each year to reflect the current year's hunting dates and corresponding legal hunting hours. The Commission amends Appendix G to update the tables of hunting hours for the 2011-2012 hunting year to reflect the annual change in days and subsequent hunting times. The Commission also amends § 141.4 to remove the limitations prohibiting the hunting of woodchuck, opossum, skunk and weasel during legal hunting hours of the spring gobbler season. The Commission has determined that this amendment will increase hunting opportunities for hunters pursuing these species without creating unacceptable conflicts with hunters pursuing turkeys during gobbler season.

 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, 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 § 141.4 are adopted under this authority.

2. Regulatory Requirements

 The final-form rulemaking amends Appendix G to update the tables of hunting hours for the 2011-2012 hunting year to reflect the annual change in days and subsequent hunting times. The final-form rulemaking also amends § 141.4 by removing the limitations prohibiting the hunting of woodchuck, opossum, skunk and weasel during legal hunting hours of the spring gobbler season.

3. Persons Affected

 Persons wishing to hunt or trap game or wildlife within this Commonwealth during the 2011-2012 hunting year will be affected by the final-form rulemaking.

4. Comment and Response Summary

 There were no official comments received concerning the 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 Richard R. 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 amendments 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 amending § 141.4 and Appendix G to read as set forth at 41 Pa.B. 1627.

 (b) The Executive Director of the Commission shall certify this order and 41 Pa.B. 1627 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 48-324 remains valid for the final adoption of the subject regulations.

[Pa.B. Doc. No. 11-875. Filed for public inspection May 27, 2011, 9:00 a.m.]



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