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PA Bulletin, Doc. No. 17-411

RULES AND REGULATIONS

GAME COMMISSION

[ 58 PA. CODE CH. 131 ]

Preliminary Provisions; Replacement Costs for Wildlife Killed

[47 Pa.B. 1467]
[Saturday, March 11, 2017]

 To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its January 31, 2017, meeting, amended § 131.8 (relating to replacement costs for wildlife killed) to increase replacement costs for osprey from $200 to $2,500.

 This final-form rulemaking will not have an adverse impact on the wildlife resources of this Commonwealth.

 The authority for this final-form rulemaking is 34 Pa.C.S. (relating to Game and Wildlife Code) (code).

 Notice of proposed rulemaking was published at 46 Pa.B. 6868 (October 29, 2016).

1. Purpose and Authority

 In accordance with the goals and objectives stated in the Management Plan for Osprey in Pennsylvania, 2015—2025, the osprey (Pandion haliaetus) has achieved a population level, geographical distribution and tolerance of human activity that no longer meets the definition of a threatened species. As a result, the Commission has removed the osprey from the Commonwealth's threatened species list. Former replacement costs for osprey as a listed threatened species were $5,000. Upon delisting, replacement costs for osprey were reduced to a default of $200. Notwithstanding its efforts to delist the osprey, the Commission determined that the species necessitates further protection from unlawful takings in the form of increased replacement costs upon its effective delisting date. As a result, the Commission amends § 131.8 to increase replacement costs for osprey from $200 to $2,500.

 Section 925(i) of code (relating to jurisdiction and penalties) states that ''[i]n addition to the fines and costs imposed for violations pursuant to subsection (b), the costs incurred by the commission for the replacement of the species involved in the violation shall be assessed by the magisterial district judge in such amount as is fixed by regulation of the commission.'' Section 2102(a) of the code (relating to regulations) provides that ''[t]he 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 § 131.8 are adopted under this authority.

2. Regulatory Requirements

 This final-form rulemaking amends § 131.8 to increase replacement costs for osprey from $200 to $2,500.

3. Persons Affected

 Persons who unlawfully take or kill ospreys within this Commonwealth will be affected by this final-form rulemaking.

4. Comment and Response Summary

 There were no official comments received regarding this final-form rulemaking.

5. Cost and Paperwork Requirements

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

6. Effective Date

 This 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 this final-form rulemaking, contact Thomas P. Grohol, 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 statutes.

Order

 The Commission, acting under the authorizing statutes, orders that:

 (a) The regulations of the Commission, 58 Pa. Code Chapter 131, are amended by amending § 131.8 to read as set forth at 46 Pa.B. 6868.

 (b) The Executive Director of the Commission shall certify this order and 46 Pa.B. 6868 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.

R. MATTHEW HOUGH, 
Executive Director

Fiscal Note: Fiscal Note 48-401 remains valid for the final adoption of the subject regulation.

[Pa.B. Doc. No. 17-411. Filed for public inspection March 10, 2017, 9:00 a.m.]



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