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PA Bulletin, Doc. No. 10-1429

RULES AND REGULATIONS

GAME COMMISSION

[ 58 PA. CODE CH. 141 ]

Hunting and Trapping; Wild Pheasant Recovery Areas

[40 Pa.B. 4388]
[Saturday, August 7, 2010]

 To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its June 29, 2010, meeting, amended § 141.28 (relating to wild pheasant recovery areas) to create and define the geographic location of the Hegins-Gratz Valley wild pheasant recovery area (WPRA) and prohibit the hunting of small game and dog training activities from the first Sunday in February through July 31st within any area designated as a WPRA.

 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 40 Pa.B. 3124 (June 12, 2010).

1. Purpose and Authority

 The Ring-necked Pheasant Management Plan calls for restoring self-sustaining and huntable ring-necked pheasant populations in suitable habitats by establishing at least four WPRAs by 2015. Wild-trapped pheasants will be released in WPRAs in an effort to establish populations of at least ten hens per square mile in the spring, while WPRAs will remain closed to game farm pheasant stocking, pheasant hunting and dog training activities. Small game hunting within WPRAs will also be restricted during critical periods during the population establishment phase. Three WPRAs were listed in 2009 and one additional area, the Hegins-Gratz Valley WPRA, was adopted to prepare for pheasant releases in 2011.

 Section 322(c)(4) of the code (relating to powers and duties of commission) specifically authorizes the Commission to ''Define geographic limitations or restrictions.'' Section 2102(c) of the code (relating to regulations) directs that ''The commission shall promulgate regulations concerning the transportation, introduction into the wild, importation, exportation, sale, offering for sale or purchase of game or wildlife or the disturbing of game or wildlife in their natural habitat.'' 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 § 141.28 were adopted under this authority.

2. Regulatory Requirements

 The final-form rulemaking amends § 141.28 to create and define the geographic location of the Hegins-Gratz Valley WPRA and prohibits the hunting of small game and dog training activities from the first Sunday in February through July 31st within areas designated as WPRAs.

3. Persons Affected

 Persons wishing to hunt wild pheasants, release propagated pheasants, train dogs or hunt small game within areas designated as WPRAs 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.

Findings

 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.

Order

 The Commission, acting under authorizing statute, orders that:

 (a) The regulations of the Commission, 58 Pa. Code Chapter 141, are amended by amending § 141.28 to read as set forth at 40 Pa.B. 3124.

 (b) The Executive Director of the Commission shall certify this order and 40 Pa.B. 3124 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.

CARL G. ROE, 
Executive Director

Fiscal Note: Fiscal Note 48-307 remains valid for the final adoption of the subject regulation.

[Pa.B. Doc. No. 10-1429. Filed for public inspection August 6, 2010, 9:00 a.m.]



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