PROPOSED RULEMAKING
GAME COMMISSION
[58 PA. CODE CH. 147]
Special Permits
[31 Pa.B. 5365] To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) at its June 12, 2001, meeting, proposed the following amendments:
Amend § 147.701 (relating to general), by adding paragraph (10) to provide for a permit to be issued to persons who wish to assist persons who are hunting or trapping bobcats. Since bobcat hunting-trapping permits are available on a limited basis by drawing, they are difficult to obtain. A person acting as a guide for or assisting a person with a bobcat permit to take a bobcat would be hunting without a license. The creation of a bobcat guide permit would allow holders of the guide permit to lawfully assist bobcat hunting-trapping permit holders in the taking of bobcats.
Add Chapter 147, Subchapter T (relating to commercial wildlife pest control). Since the current Game and Wildlife Code (34 Pa.C.S.) became effective in 1987, there have been provisions for a commercial wildlife pest control permit but no corresponding regulations to clearly define the application process and activities of permitholders. These regulations can be established by adding Subchapter T.
These proposed amendments will have no adverse impact on the wildlife resources of this Commonwealth.
The authority for these proposals is the code.
These proposals were made public at the June 12, 2001, meeting of the Commission, and comments on these proposals can be sent to the Director of Information and Education of the Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, until September 29, 2001.
Proposed amendment to § 147.701
1. Introduction
In 2000, the Commission for the first time in 30 years established a season for hunting or trapping bobcats. A limited number of permits have been available in the past, and a larger number of permits will be offered for the 2002 season. To assist a permittee hunting bobcats, the Commission at its June 12, 2001, meeting proposed the establishment of a permit to allow persons to act as guides in the hunting of bobcats. Section 2901(b) of the code (relating to authority to issue permits) authorizes the Commission, as deemed necessary to properly manage the game or wildlife resources, to promulgate regulations for the issuance of any permit and to control the activities which may be performed under authority of any permit issued.
2. Purpose and Authority
As is indicated in the Introduction, the addition of a bobcat guide permit would assist persons holding bobcat hunting permits by allowing them to secure the services of a permitted guide. Section 2901(b) of the code, authorizes the Commission to promulgate regulations for the issuance of any permit, and provides the authority for the proposed change.
3. Regulatory Requirements
The proposed change would establish a permit and fee requirement. The fee shall be $10 for residents and $25 for nonresidents.
4. Persons Affected
Persons wishing to guide or assist another permitted person to hunt or take bobcats will be affected by the proposal.
5. Cost and Paperwork Requirements
The proposed change would result in a permit application and fee submission of $10 for residents and $25 for nonresidents.
Proposed addition of Chapter 147, Subchapter T
1. Introduction
Section 2904(17) of the code (relating to permit fees) authorizes a fee for a commercial wildlife pest control permit. While section 2904(17) of the code has authorized a permit, no regulations have been promulgated governing wildlife pest control permit issuance. To rectify this, and deal with an increasing nuisance wildlife problem, the Commission proposed at its June 12, 2001, meeting, adding Subchapter T. Section 2901(b) of the code authorizes regulations for permits as deemed necessary to properly manage the game or wildlife resources and to control the activities which may be performed under authority of any permit issued.
2. Purpose and Authority
As is indicated in the Introduction, the proposal would set out conditions upon which a person may obtain a commercial wildlife pest control permit, along with specific regulatory requirements that must be followed by each permit holder. Section 2901(b) of the code, relating to regulations for permits, provides the authority for the proposed changes.
3. Regulatory Requirements
Those wishing to be issued a permit will have to file an application and pay a fee. Conviction of a code violation within 5 years of the date of the application may preclude the issuance of a permit. New agents shall successfully complete a supervised written exam. Additionally, records shall be kept and available for inspection, along with a report sent to the district wildlife conservation office each month. This proposal also outlines the method and manner of humane dispatch of nuisance wildlife along with approved methods, devices and disposal. This proposal also sets out unlawful acts under the wildlife pest control permit.
4. Persons Affected
Persons holding, or wishing to obtain, a commercial wildlife pest control permit may be affected.
5. Cost and Paperwork Requirements
The proposed changes would require completion and submission of a permit application and payment of a $25 application fee, an additional fee of $50 will be required if the applicant passes the examination. There are also recordkeeping and reporting requirements.
Effective Date
The proposed changes will be effective on final publication in the Pennsylvania Bulletin and will remain in effect until changed by Commission.
Contact Person
For further information regarding these changes, contact David E. Overcash, Director, Bureau of Law Enforcement, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717) 783-6526.
VERNON R. ROSS,
Executive DirectorFiscal Note: 48-135. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 58. RECREATION
PART III. GAME COMMISSION
CHAPTER 147. SPECIAL PERMITS
Subchapter S. BOBCAT HUNTING-TRAPPING PERMIT § 147.701. General.
This section provides for permits to be issued for the hunting and trapping of bobcat during the season established and in areas designated under § 139.4 (relating to seasons and bag limits for the license year).
* * * * * (10) A bobcat guide permit will be issued as follows:
(i) A person who assists another person to hunt or take bobcats in any manner shall first secure a bobcat guide permit from the Commission.
(ii) The fee for a bobcat guide permit is $10 for residents and $25 for nonresidents.
(Editor's Note: The following subchapter is new. It is being printed in regular type to enhance readability.)
Subchapter T. COMMERCIAL WILDLIFE PEST CONTROL Sec.
147.721. General. 147.722. Definitions. 147.723. Application. 147.724. Commercial wildlife pest control examination. 147.725. Records and reports. 147.726. Operation. 147.727. Unlawful acts. § 147.721. General.
A commercial wildlife pest control permit is required for a person to take, harass, transport, release or dispatch designated wildlife, for another person for a fee or other consideration, that is creating a nuisance, causing damage to property or is a risk to human health or safety. This permit authorizes the agent to control designated wildlife for another at any time of the year.
§ 147.722. Definitions.
In addition to the definitions contained in the act and § 131.2 (relating to definitions), the following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise:
Agent--A holder of a valid commercial wildlife pest control permit or a legitimate employee.
Humane manner--When dispatching an animal, death shall be induced as quickly and painlessly as possible by any of the methods in § 147.727(5) (relating to unlawful acts).
Legitimate employee--An employee of record, one for which the employer deducts or pays taxes or other fees required by any local, state or the Federal government and is listed on the permit.
§ 147.723. Application.
(a) An application for examination shall be submitted on a form supplied by the Commission. A nonrefundable fee of $25 shall be submitted with the application for new agents only. An additional $50 shall be submitted for the permit if the examination is passed.
(b) Experience and qualifications shall be listed on the application. If applicable, the business name shall also be included.
(c) Conviction of a violation of the act within 5 years of the date of application may preclude the issuance of a permit.
§ 147.724. Commercial wildlife pest control examination.
(a) New agents shall be required to obtain a minimum score of 80% on a supervised written examination approved by the Director.
(b) The examination shall include the following subject matter:
(1) Biology, life history and habits of pertinent wildlife.
(2) Control methods, care and handling and euthanasia.
(3) Laws and regulations.
(4) Diseases and parasites.
§ 147.725. Records and reports.
(a) A record of all activities conducted under authority of the permit shall be kept on a form supplied by the Commission according to instructions on the form. The records shall be kept for 3 years and shall be the basis of any reports required by the Commission.
(b) Records shall be available for inspection during normal business hours at the request of a wildlife conservation officer.
(c) A report of activities shall be submitted, on a form supplied by the Commission, to the district wildlife conservation officer by the tenth day of each month. The report shall list the number of each species taken and the disposition of the wildlife.
§ 147.726. Operation.
(a) Approved methods and devices are as follows:
(1) Foot hold traps, body gripping traps, box traps, cage traps, nets and snares.
(2) Agents who are certified pesticide applicators may take vertebrate species with pesticides in accordance with the regulations of the Department of Agriculture. See 7 Pa. Code Chapter 128 (relating to pesticides).
(3) Shooting with a firearm that will induce death as quickly and painlessly as possible.
(b) The agent shall have the approval of the property owner or lessee and confine all activities to that property.
(c) The permit shall be carried at all times and presented upon the request of any officer whose duty it is to enforce this part.
(d) Except as otherwise provided, it is unlawful to sell, trade, barter or transfer to another person any live or dead animal or parts taken under authority of this permit. Furbearer pelts are excepted from this provision provided the particular species is taken during the hunting or trapping season by the holder of a valid hunting or furtaking license as required.
(e) Devices shall be tagged or labeled with the permit number, or trapper I.D. number.
(f) Devices shall be checked by the agent or property owner at least once each calendar day, but only the agent may remove an animal from a trap.
(g) Nuisance wildlife captured alive shall within 24 hours be dispatched in a humane manner or released in an area open to hunting or trapping. Nontarget animals may be released at the site of capture.
(h) Carcasses shall be disposed of by incineration or in an approved landfill in a manner consistent with the solid waste laws of the Commonwealth.
§ 147.727. Unlawful acts.
It is unlawful to:
(1) Control any white-tailed deer, black bear, elk, wild turkey, beaver, fisher, otter or bobcat without prior approval of the district wildlife conservation officer.
(2) Control any migratory birds unless the agent has the appropriate valid United States Fish and Wildlife Service depredation permit.
(3) Control any threatened or endangered species without proper permits and approval of the Commission.
(4) Fail to list or delete an employe from the permit.
(5) Dispatch any animal by any method not defined as humane. Death shall be induced as quickly and painlessly as possible by any of the following methods:
(i) Birds shall be dispatched through the use of: inhalant anesthetics, carbon monoxide, carbon dioxide, barbiturates, gunshot, cervical dislocation or decapitation.
(ii) Furbears, small game and other small mammals shall be dispatched through the use of: inhalant anesthetics, carbon monoxide, carbon dioxide, barbiturates, gunshot or penetrating captive bolt.
(iii) Big game shall be dispatched through the use of: barbiturates, gunshot, penetrating captive bolt or chloral hydrate.
(6) Violate any other provisions of this subchapter.
[Pa.B. Doc. No. 01-1720. Filed for public inspection September 21, 2001, 9:00 a.m.]
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