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PA Bulletin, Doc. No. 02-1054


[58 PA. CODE CH. 147]

Sale of Wildlife and Wildlife Parts

[32 Pa.B. 2893]

   To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its April 9, 2002, meeting, proposed the following amendment:

   Amend § 147.141 (relating to sale of wildlife and wildlife parts) to establish prices for the sale of elk or elk parts.

   This proposed amendment will have no adverse impact on the wildlife resources of this Commonwealth.

   The authority for the proposal is 34 Pa.C.S. (relating to Game and Wildlife Code) (code).

   This proposal was made public at the April 9, 2002, meeting of the Commission and comments on the proposal can be sent to the Director of Information and Education, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, until July 1, 2002.

1.  Introduction

   The Commission is proposing to amend § 147.141 to provide a fee schedule for persons who wish to purchase elk or elk parts from the Commission.

2.  Purpose and Authority

   Under section 103(a) of the code (relating to ownership, jurisdiction and control of game and wildlife), the ownership, jurisdiction and control of game and wildlife is vested in the Commission. Often game and wildlife comes into the possession of the Commission for various reasons including being accidentally killed on highways, being killed for crop damage or being unlawfully taken or removed from the wild. To avoid waste of these wildlife resources, the Commission issues permits to various persons to possess all or part of this game and wildlife. The fee schedule for these permits currently does not include elk.

   Section 2102(a) of the code (relating to regulations) authorizes the Commission to promulgate regulations as are necessary concerning game or wildlife in this Commonwealth. Section 2901(b) of the code (relating to authority to issue permits) authorizes the Commission to promulgate regulations for the issuance of any permit. In addition, section 2904(c) of the code (relating to permits) authorizes the Commission to set a reasonable fee for permits required but not specifically set forth in the section. The changes were proposed under this authority.

3.  Regulatory Requirements

   The proposed amendment will provide a fee schedule for persons wishing to purchase elk or elk parts from the Commission.

4.  Persons Affected

   Persons wishing to purchase elk or elk parts would be affected.

5.  Cost and Paperwork Requirements

   The proposed amendment would result in fees being established to obtain a permit to possess elk or elk parts.

6.  Effective Date

   The proposed amendment will be effective on 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 proposal amendment change, contact David E. Overcash, Director, Bureau of Law Enforcement, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717) 783-6526.

Executive Director

   Fiscal Note:  48-145. No fiscal impact; (8) recommends adoption.

Annex A





§ 147.141.  Sale of wildlife and wildlife parts.

   (a)  Wildlife or parts of wildlife accidentally killed on the highway or by other causes, illegally taken, shot for crop damage or live deer removed from the wild, may be sold to a person under the following minimum fee schedule:

   (1)  [Buck head] Deer antlers--$10 per point.

*      *      *      *      *

   (12)  Cow or spike elk head and hide--$100.

   (13)  Elk cape--to include entire head--$100 plus $20 per point.

   (14)  Elk antlers--$20 per point.

   (15)  Elk hide--$25.

   (16)  Live elk--minimum of $100.

   (17)  Any other species may be sold at public auction or through sealed bid.

*      *      *      *      *

[Pa.B. Doc. No. 02-1054. Filed for public inspection June 14, 2002, 9:00 a.m.]

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