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PA Bulletin, Doc. No. 03-2073


[58 PA. CODE CH. 141]

Hunting and Trapping; Presque Isle State Park

[33 Pa.B. 5318]

   To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its June 24, 2003, meeting, adopted the following amendment:

   Delete § 141.17 (relating to Presque Isle State Park) to remove the regulations pertaining to hunting deer in Presque Isle State Park.

   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 33 Pa.B. 2591 (May 31, 2003).

1.  Introduction

   The Commission deleted § 141.17 to remove the regulations pertaining to hunting deer in Presque Isle State Park.

2.  Purpose and Authority

   The Department of Conservation and Natural Resources (Department) submitted a request that regulation pertaining to hunting deer in Presque Isle State Park be removed. The Department has determined that the present deer population in Presque Isle State Park can be properly controlled and maintained using the existing, Statewide deer management plan. By deleting § 141.17, hunters will be permitted to hunt deer in Presque Isle State Park during the open seasons for hunting deer in accordance with remaining laws and regulations.

   Section 2102(d) of the code (relating to regulations) states that ''The commission shall promulgate regulations stipulating . . . the type of firearms and ammunition and other devices which may be used, the manner in which and the location where the devices may be used, the species the devices may be used for and the seasons when the devices may be used.'' Section 2102(a) of the code 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 deletion of § 141.17 was proposed under these provisions.

3.  Regulatory Requirements

   The final-form rulemaking will remove the regulations pertaining to hunting deer in Presque Isle State Park.

4.  Persons Affected

   Persons wishing to hunt deer in Presque Isle State Park will be affected by the final-form rulemaking.

5.  Comment and Response Summary

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

6.  Cost and Paperwork Requirements

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

7.  Effective Date

   The final-form rulemaking will be effective on publication in the Pennsylvania Bulletin and will remain in effect until changed by the Commission.

8.  Contact Person

   For further information regarding the final-form rulemaking, contact Michael A. Dubaich, Director, Bureau of Law Enforcement, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717) 783-6526.


   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.

   (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.


   The Commission, acting under authorizing statute, orders that:

   (a)  The regulations of the Commission, 58 Pa. Code Chapter 141, are amended by deleting § 141.17 to read as set forth at 33 Pa.B. 2591.

   (b)  The Executive Director of the Commission shall certify this order and 33 Pa.B. 2591 and deposit them with the Legislative Reference Bureau as required by law.

   (c)  This order shall become effective upon publication in the Pennsylvania Bulletin.

Executive Director

   Fiscal Note: Fiscal Note 48-162 remains valid for the final adoption of the subject regulation.

[Pa.B. Doc. No. 03-2073. Filed for public inspection October 24, 2003, 9:00 a.m.]

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