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PA Bulletin, Doc. No. 10-1076



[ 58 PA. CODE CH. 141 ]

Hunting and Trapping

[40 Pa.B. 3105]
[Saturday, June 12, 2010]

 To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its April 20, 2010 meeting, amended § 141.62 (relating to beaver trapping) to remove the applicability of the two body gripping traps per trapper limitation to wildlife management unit (WMU) 1B.

 The final-form rulemaking will not have an 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 40 Pa.B. 1752 (April 3, 2010).

1. Purpose and Authority

 WMU 1B has the greatest number of beaver damage complaints in this entire Commonwealth. Beaver damage/nuisance complaints within this unit normally range between 50 and 100 complaints each year. Last year, 23% of beaver complaints received by the Commission occurred in WMU 1B. Not surprisingly, WMU 1B has had the highest beaver harvest during the past 20 years than any other unit. Furthermore, there is strong evidence that beaver populations in WMU 1B have grown to the point where they are no longer in balance with their habitat. Nonpreferred foods are being utilized and it appears that all suitable beaver range is occupied. The daily and season limits of 20 and 40 for beavers are rarely reached by trappers in this WMU. As a consequence of these findings, the Commission determined that a long-term increase in the beaver harvest is needed within WMU 1B. The Commission amended § 141.62 to remove the applicability of the two body gripping traps per trapper limitation to WMU 1B. Increasing the number of body gripping traps for each trapper should greatly improve beaver trapping efficiency and success, thus measurably increasing harvest.

 Section 2102(b)(1) of the code (relating to regulations) authorizes the Commission to ''promulgate regulations relating to seasons and bag limits for hunting or furtaking, the possession of certain species or parts thereof, the number and types of devices and equipment allowed, the identification of devices and the use and possession of devices.'' Section 2102(d) of the code authorizes the Commission to ''promulgate regulations stipulating the size and type of traps, 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 season 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 amendments to § 141.62 were adopted under this authority.

2. Regulatory Requirements

 The final-form rulemaking amends § 141.62 to remove the applicability of the two body gripping traps per trapper limitation to WMU 1B.

3. Persons Affected

 Persons wishing to trap beaver within WMU 1B may be affected by the final-form rulemaking.

4. Comment and Response Summary

 There were no official comments received regarding the 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 Richard R. Palmer, Director, Bureau of Wildlife Protection, 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 amending § 141.62 to read as set forth at 40 Pa.B. 1752.

 (b) The Executive Director of the Commission shall certify this order and 40 Pa.B. 1752 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 48-300 remains valid for the final adoption of the subject regulation.

[Pa.B. Doc. No. 10-1076. Filed for public inspection June 11, 2010, 9:00 a.m.]

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