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PA Bulletin, Doc. No. 12-2222

RULES AND REGULATIONS

Title 58—RECREATION

GAME COMMISSION

[ 58 PA. CODE CH. 131 ]

Preliminary Provisions; Enforcement

[42 Pa.B. 7106]
[Saturday, November 17, 2012]

 To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) at its September 25, 2012, meeting amended § 131.3 (relating to enforcement) to eliminate the reference to the Department of Environmental Resources and replace it with a reference to Department of Conservation and Natural Resources and also to update the reference to the Commission's officers as Wildlife Conservation Officers.

 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 42 Pa.B. 5236 (August 11, 2012).

1. Purpose and Authority

 On July 1, 1995, relevant portions of the Conservation and Natural Resources Act (71 P. S. §§ 1340.101—1340.1103) effectively created the Department of Conservation and Natural Resources and changed the name of the Department of Environmental Resources to the Department of Environmental Protection. The 1995 name changes were not incorporated in § 131.3. The Commission amended § 131.3 to eliminate the reference to the Department of Environmental Resources by updating the reference to the Department of Conservation and Natural Resources. The Commission also updated the reference to the Commission's officers as Wildlife Conservation Officers. This final-form rulemaking is nonsubstantive and is not intended to further expand or further limit the enforcement authority of any classification of officer.

 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 § 131.3 are adopted under this authority.

2. Regulatory Requirements

 The final-form rulemaking amends § 131.3 to eliminate the reference to the Department of Environmental Resources and replace it with a reference to Department of Conservation and Natural Resources and to also update the reference to the Commission's officers as Wildlife Conservation Officers.

3. Persons Affected

 Enforcement personnel of the Department of Conservation and Natural Resources will be affected by the final-form rulemaking.

4. Comment and Response Summary

 There were no official comments received regarding 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 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 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 the authorizing statute, orders that:

 (a) The regulations of the Commission, 58 Pa. Code Chapter 131, are amended by amending § 131.3 to read as set forth at 42 Pa.B. 5236.

 (b) The Executive Director of the Commission shall certify this order and 42 Pa.B. 5236 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 48-345 remains valid for the final adoption of the subject regulation.

[Pa.B. Doc. No. 12-2222. Filed for public inspection November 16, 2012, 9:00 a.m.]



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