PROPOSED RULEMAKING
[58 PA. CODE CH. 147]
Deer Control
[30 Pa.B. 1269] To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) at its January 11, 2000, meeting, proposed the following:
Amend Chapter 147, Subchapter R (relating to deer control) by adding §§ 147.661--147.668 (relating to forestry), to provide relief to persons whose land is open to public deer hunting.
This amendment to Chapter 147 will have no adverse impact on the wildlife resources of the Commonwealth.
The authority for the proposal of these regulations is 34 Pa.C.S. (relating to Game and Wildlife Code) (code).
This proposal was made public at the January 11, 2000, meeting of the Commission, and comments on this proposal can be sent to the Executive Director of the Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, until March 24, 2000.
Amendments to Subchapter R
1. Introduction
To more effectively manage the wildlife resources of this Commonwealth, the Commission at its January 11, 2000, meeting proposed adding a new category of permit, ''Forestry.'' This proposed change would involve adding §§ 147.661--147.668 which would allow the issuance of permits to shoot deer inside deer exclosures on lands enrolled in the Commission's Forest Game or other public access programs. This change was proposed under authority contained in section 2901(b) of the code (relating to regulations for permits).
2. Purpose and Authority
A common practice in forestry operations is to erect deer ''exclosure'' fences to keep deer from eating tender seedlings. Deer are normally driven out when an exclosure fence is erected. Deer do manage to get inside these fences, however, and once growth regenerates it is a very difficult to drive deer out. As a result, the Commission at its January 11, 2000, meeting proposed regulations which would allow the issuance of permits to qualified landowners and their ''legitimate employes'' to shoot deer within these exclosures.
Section 2901(b) of the code authorizes the Commission to promulgate regulations for the issuance of any permit. Section 2902(c) of the code (relating to general categories of permits), authorizes the director to ''. . . issue other permits, with or without charges, as required to control the taking of game or wildlife . . .'' These sections provide authority for the proposed action.
3. Regulatory Requirements
To obtain the proposed permits, landowners must be enrolled in a Commission Forest Game or other public access program, have a Commission approved exclosure fence, and make a reasonable effort to drive deer from the exclosure. Application requirements include submitting a deed or lease establishing control of the property, a map of the property and exclosure, and a statement that the land within the exclosure is being managed on a sustained yield basis. Finally, harvested deer must be tagged, reported and properly handled.
4. Persons Affected
The proposal will affect owners, operators and employees of tree nurseries who have problems with deer.
5. Cost and Paperwork Requirements
The permits in question will be issued at no cost. As was outlined under ''Regulatory Requirements'' an application with copies showing control of the property and a map must be submitted.
6. Effective Date
The proposal will be effective on final publication in the Pennsylvania Bulletin and will remain in effect until changed by the Commission.
7. Contact Person
For further information on the proposal, contact William L. Hutson, Director, Bureau of Law Enforcement, (717) 783-6526, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797.
VERNON R. ROSS,
Executive DirectorFiscal Note: 48-118. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 58. RECREATION
PART III. GAME COMMISSION
CHAPTER 147. SPECIAL PERMITS
Subchapter R. DEER CONTROL
FORESTRY Sec.
147.661. General. 147.662. Application. 147.663. Fencing. 147.664. Permit. 147.665. Reporting of deer taken. 147.666. Tagging of deer taken. 147.667. Carcass handling. 147.668. Violations. § 147.661. General.
This section and §§ 147.662--147.668 (relating to forestry) provide for permits to be issued to qualified persons to remove deer by shooting on lands under their ownership or control or both if the lands are contained within a properly maintained fence designed to exclude deer.
§ 147.662. Application.
(a) Application for the deer control permit shall be made through the district wildlife conservation officer on a form provided by the Commission.
(b) Applications will only be accepted from persons who have been enrolled in the Commission's Forest Game Program for at least two hunting seasons immediately preceding their applications; or from persons who have been enrolled in one of the other Commission public access programs (Farm Game Project or Safety Zone - P.1-2-3) for a minimum of 2 years and are currently enrolled in the Program. Applications will also be made available to Managers of Department of Conservation and Natural Resources Lands and Allegheny National Forest Lands, which are open to public deer hunting.
(c) An application for a deer control permit shall contain the following information:
(1) A copy of a deed, lease or legal agreement showing the applicant to be the owner or have control, or both, of the land to be permitted shall accompany the application.
(2) A complete map showing the boundaries of the entire property and the location and boundaries of the fenced exclosure being considered.
(3) A statement from the applicant that the land within the exclosure is being managed on a sustained yield basis as defined in § 131.2 (relating to definitions).
(4) The names of all individuals who may act under authority of this permit.
(5) Certification that the fence will be properly maintained to exclude deer, as designed and intended, for the full length of the permit period.
§ 147.663. Fencing.
Fences will be inspected and approved by a Commission officer as part of the application.
(1) The fence shall form a complete exclosure. Buildings may form a part of the exclosure provided there are no gaps.
(2) The fence may be either woven wire at least 8 feet high with the bottom edge maintained tight to the ground, or high tensile electrified wire at least 5 feet high. Woven wire fencing may not have openings larger than 6" square. Individual wires on electrified fencing may not be spaced greater than 10" apart. Other designs of barrier-type fencing exclosures may be approved if the Commission is satisfied the design will exclude deer.
(3) The Commission officer will examine the entire perimeter of the exclosure. If the basic design of the fence, or its state of maintenance, is such that deer can enter the exclosure, the Commission officer will not approve the permit.
(4) Gates shall be closed except during actual times of ingress and egress.
(5) The applicant shall have made a reasonable effort to drive deer from the exclosure.
(6) There shall be a reasonable number of hunter access points along the exclosure. ''Reasonable'' means a minimum of one point for every 4,000 feet of fenceline, or part thereof. Gates used as hunter access points shall have a self-closing mechanism.
§ 147.664. Permit.
(a) The deer control permit is subject to annual renewal and shall authorize the permittee or the permittee's legitimate employes to remove deer from the enclosed property by shooting:
(1) Any time between February 1 and September 30, outside the established deer hunting seasons as set by the Commission in § 139.4 (relating to seasons and bag limits for the license year).
(2) With any lawful firearm for big game as described in section 2322 (a) of the act (relating to prohibited devices and methods).
(3) At any time of the day or night with, or without, an artificial light.
(b) The appropriate Commission regional office shall be notified of the date and time of anticipated deer removal.
(c) Deer killed shall be reported to the appropriate Commission regional office immediately after killing.
(d) For the purposes of this section, ''legitimate employe'' means an employe of record, one for which the employer deducts taxes or other fees required by any local, state or Federal government and is listed on the permit.
(e) A copy of the permit shall be carried by an authorized person when engaged in activities described and presented upon request of an officer of the Commission or person empowered to enforce the act or this part.
§ 147.665. Reporting of deer taken.
In addition to the requirements of § 147.664(c) (relating to permit), the permittee shall report on a form provided by the Commission, the number of deer killed and other information the Commission deems necessary. The completed report shall be submitted to the district wildlife conservation officer within 5 days after the end of each month while the permit is valid. If no deer are killed, a negative report shall be submitted.
§ 147.666. Tagging of deer taken.
Deer taken under the authority of the permit shall immediately be tagged with a tag provided by the Commission. The tag shall be attached to the head of the deer and may not be removed. Unused tags shall be returned to the district wildlife conservation officer within 5 days of the expiration of the permit.
§ 147.667. Carcass handling.
(a) The Commission will determine the disposition of all deer killed. Disposition shall be through a food bank, to a needy family, proper disposal by the permittee, or turned over to a Commission officer.
(b) Each deer harvested shall have the entrails removed and due care shall be taken with each carcass to preserve the meat for human consumption.
(c) Antlers from deer taken under the authority of this permit shall be submitted to the Commission for disposal by the Director.
§ 147.668. Violations.
In addition to penalties provided in the act, the Director may revoke a permit for a violation of this subchapter, conditions of a permit or failure to maintain the exclosure fence.
[Pa.B. Doc. No. 00-381. Filed for public inspection March 3, 2000, 9:00 a.m.]
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