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PA Bulletin, Doc. No. 17-1409

RULES AND REGULATIONS

GAME COMMISSION

[ 58 PA. CODE CH. 141 ]

Hunting and Trapping; General

[47 Pa.B. 4983]
[Saturday, August 26, 2017]

 To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its March 28, 2017, meeting, amended § 141.15 (relating to loaded firearms or devices in vehicles) to clarify that any air gun with a pellet or bullet ammunition in either the chamber or magazine will be considered ''loaded'' for the purposes of 34 Pa.C.S. § 2503 (relating to loaded firearms in vehicles).

 This final-form rulemaking will not have an adverse impact on the wildlife resources of this Commonwealth.

 The authority for this final-form rulemaking is 34 Pa.C.S. (relating to Game and Wildlife Code) (code).

 Notice of proposed rulemaking was published at 47 Pa.B. 2774 (May 13, 2017).

1. Purpose and Authority

 In relevant part, the act of November 21, 2016 (P.L. 1317, No. 168) amended section 2308 of the code (relating to unlawful devices and methods) to eliminate the Commonwealth's historic prohibition against the use of air guns for hunting. On March 28, 2017, the Commission amended §§ 131.2, 141.22 and 141.67 (relating to definitions; small game seasons; and furbearer seasons) to define and authorize the use of air guns for small game and furbearers. In light of this approval, the Commission identified a need to highlight the applicability of section 2503 of the code and this section's long standing prohibitions against loaded firearms in, on or against motor vehicles to these new devices. The Commission amends § 141.15 to clarify that any air gun with a pellet or bullet ammunition in either the chamber or magazine will be considered ''loaded'' for the purposes of section 2503 of the code.

 Section 2102(a) of the code (relating to regulations) provides that ''[t]he 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 § 141.15 are adopted under this authority.

2. Regulatory Requirements

 This final-form rulemaking amends § 141.15 to clarify that any air gun with a pellet or bullet ammunition in either the chamber or magazine will be considered ''loaded'' for the purposes of section 2503 of the code.

3. Persons Affected

 Persons wishing to hunt or take small game or furbearers with an air gun may be affected by this final-form rulemaking.

4. Comment and Response Summary

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

5. Cost and Paperwork Requirements

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

6. Effective Date

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

7. Contact Person

 For further information regarding this final-form rulemaking, contact Thomas P. Grohol, 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 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.

Order

 The Commission, acting under the authorizing statute, orders that:

 (a) The regulations of the Commission, 58 Pa. Code Chapter 141, are amended by amending § 141.15 to read as set forth at 47 Pa.B. 2774.

 (b) The Executive Director of the Commission shall certify this order and 47 Pa.B. 2774 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.

BRYAN J. BURHANS, 
Executive Director

Fiscal Note:  Fiscal Note 48-417 remains valid for the final adoption of the subject regulation.

[Pa.B. Doc. No. 17-1409. Filed for public inspection August 25, 2017, 9:00 a.m.]



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