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PA Bulletin, Doc. No. 06-1073



[58 PA. CODE CH. 147]

Special Permits; Protected Specimen

[36 Pa.B. 2979]
[Saturday, June 17, 2006]

   To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its January 24, 2006, meeting, adopted an amendment to § 147.142 (relating to possession of wildlife accidentally killed by a motor vehicle).

   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. 27 (January 7, 2006).

1.  Purpose and Authority

   The skins from the various furbearers found in the wilds of this Commonwealth are a valuable Pennsylvania resource. Each year many of these furbearers are accidentally struck and killed on this Commonwealth's highways by automobiles, which typically results in the unfortunate waste of many of the skins from these animals. Former regulations prohibited anyone, including licensed furtakers, from utilizing road-killed furbearers without first purchasing them from the Commission, because these animals were not lawfully taken or harvested with a firearm or trap. Unfortunately, it is not always economical for someone to purchase a road-killed furbearer for utilization. In an effort to reduce the waste of this Commonwealth's valuable resources and provide additional opportunity to licensed furtakers, the Commission amended § 147.142 to permit persons possessing a valid furtaking license to take possession and make use of certain furbearers (excepting river otters, bobcats and fishers) accidentally killed on this Commonwealth's highways.

   Section 103(a) of the code (relating to ownership, jurisdiction and control of game and wildlife) states that ''The ownership, jurisdiction over and control of game or wildlife is vested in the commission as an independent agency of the Commonwealth in its sovereign capacity to be controlled regulated and disposed of in accordance with this chapter.'' 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 orprohibiting 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 amendment of § 147.142 was adopted under this authority.

2.  Regulatory Requirements

   The final-form rulemaking amends § 147.142 to permit the lawful possession of certain furbearers (excepting river otters, bobcats and fishers) accidentally killed on the highway by persons possessing a valid furtaking license.

3.  Persons Affected

   Persons wishing to take possession of certain furbearers accidentally killed on the highway will 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 may result in some additional costs to the Commission by creating increased demand on regional dispatcher resources regarding receiving calls from person taking possession of furbearers accidentally killed on the highway during the closed season of that furbearer. However, to the extent there are any additional expenses, the Commission has determined they would not be substantial and would be absorbed by the current budget.

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 § 147.142 to read as set forth at 36 Pa.B. 27.

   (b)  The Executive Director of the Commission shall certify this order and 36 Pa.B. 27 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 48-218 remains valid for the final adoption of the subject regulation.

[Pa.B. Doc. No. 06-1073. Filed for public inspection June 16, 2006, 9:00 a.m.]

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