RULES AND REGULATIONS
Title 58--RECREATION
GAME COMMISSION
[58 PA. CODE CH. 139]
Deer Damage Areas
[29 Pa.B. 2576] To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) at its April 9, 1999, meeting, adopted the following changes:
Add § 139.16 (relating to deer damage areas) which provides regulatory language for the enrollment and participation of certain landowners in the Deer Damage Areas Program as designated by the Executive Director.
This amendment is adopted under the authority of 34 Pa.C.S. (relating to Game and Wildlife Code) (code).
1. Introduction
To more effectively manage the wildlife resources of this Commonwealth, the Commission at its January 12, 1999, meeting proposed, and at its April 9, 1999, meeting finally adopted adding § 139.16. The adopted section establishes conditions and procedures for designating deer damage areas where antlerless deer may be taken during the antlered deer season. Currently, the authorization to take an antlerless deer during the antlerless deer season on designated deer damage areas is established as part of the seasons and bag limits, § 139.4 (relating to seasons and bag limits for the license year), with no formal procedures for designating these areas. The provision, which was adopted under authority contained in section 2102 of the code (relating to regulations), would remedy this defect.
2. Purpose and Authority
Some years ago, the Commission authorized as part of the seasons and bag limits the taking of an antlerless deer during antlered deer season with the appropriate license on areas suffering severe agricultural damage. Requirements and procedures to be followed to establish deer damage areas were never promulgated as regulations. Since the program has been accepted by the agricultural and hunting communities, the current adoption remedies this situation.
Section 2102 of the code authorizes the Commission to promulgate regulations relating to seasons and bag limits and game and wildlife. This section provides the authority for the current adoption.
3. Regulatory Requirements
The adopted regulation formally establishes qualifications and procedures which have been informally followed for some time. The main requirement for land to be designated as a deer damage area is that it be enrolled in the Commission cooperative farm game program or safety zone program.
4. Persons Affected
Landowners or lessees of farmland and hunters who wish to hunt on this land would be affected by this adoption.
5. Comment and Response Summary
No written comments were received with regard to the adopted provision.
6. Cost and Paperwork Requirements
Application to be designated as a deer damage area can be made either in writing or by telephone. Signs furnished by the Commission shall be posted on lands so designated. Because of low volume, the Commission anticipates that the cost of application and signs will be fairly small.
7. Effective Dates
The adopted regulation will be effective on publication of final adoption in the Pennsylvania Bulletin and will remain in effect until modified or rescinded by the Commission.
8. Contact Person
For further information or to comment on the adopted regulation contact James R. Fagan, Director, Bureau of Law Enforcement, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717) 783-6526.
Findings
The Commission finds that:
(1) Public notice of intention to adopt the administrative regulation 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 regulation 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 139, are amended by adding § 139.16 to read as set forth at 29 Pa.B. 1397 (March 13, 1999).
(b) The Executive Director of the Commission shall submit this order and 29 Pa.B. 1397, and deposit them with the Legislative Reference Bureau as required by law.
(c) This order adding § 139.16 shall become effective upon final publication in the Pennsylvania Bulletin.
DONALD C. MADL,
Executive DirectorFiscal Note: Fiscal Note 48-107 remains valid for the final adoption of the subject regulation.
[Pa.B. Doc. No. 99-782. Filed for public inspection May 14, 1999, 9:00 a.m.]
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