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PA Bulletin, Doc. No. 06-1072



[58 PA. CODE CH. 147]

Special Permits; Falconry Permits

[36 Pa.B. 2978]
[Saturday, June 17, 2006]

   To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its January 24, 2006, meeting, adopted amendments to §§ 147.102 and 147.109 (relating to examination and fees; and restrictions on taking raptors).

   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 36 Pa.B. 26 (January 7, 2006).

1.  Purpose and Authority

   The Commission recently consulted with the Pennsylvania Falconry and Hawk Trust regarding the relaxation of current time limitations restricting falconry permit applicants. Formerly, § 147.102 stated that examinations for falconry permits would be provided only during the month of May each year. In addition, § 147.109 stated that applications for nonresident falconry permits must be submitted between January 1 and February 28 annually. In an effort to provide more opportunities to falconry permit applicants, the Commission amended § 147.102 to expand the falconry permit examination period to January 1 through June 30 annually and also amended § 147.109 to expand the nonresident application period to January 1 through August 15 annually.

   Section 2901(b) of the code (relating to authority to issue permits) provides ''the commission may, as deemed necessary to properly manage the game or wildlife resources, promulgate regulations for the issuance of any permit and promulgate regulations to control the activities which may be performed under authority of any permit issued.'' The amendment of §§ 147.102 and 147.109 was adopted under this authority.

2.  Regulatory Requirements

   The final-form rulemaking amends § 147.102 to expand the falconry permit examination period to January 1 through June 30 annually and also amends § 147.109 to expand the nonresident application period to January 1 through August 15 annually.

3.  Persons Affected

   Persons wishing to apply for a falconry permit within this Commonwealth may be affected by the final-form rulemaking.

4.  Comment and Response Summary

   There were no official comments received regarding this 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 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 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.


   The Commission, acting under authorizing statute, orders that:

   (a)  The regulations of the Commission, 58 Pa. Code Chapter 147, are amended by amending §§ 147.102 and 147.109 to read as set forth at 36 Pa.B. 26.

   (b)  The Executive Director of the Commission shall certify this order and 36 Pa.B. 26 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.

Executive Director

   Fiscal Note: Fiscal Note 48-223 remains valid for the final adoption of the subject regulations.

[Pa.B. Doc. No. 06-1072. Filed for public inspection June 16, 2006, 9:00 a.m.]

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