RULES AND REGULATIONS
GAME COMMISSION
[58 PA. CODE CH. 147]
Special Permits
[31 Pa.B. 6054] To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its October 2, 2001, meeting, adopted the following changes:
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.
Amend 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 permit holders.
These amendments were adopted under the authority of 34 Pa.C.S. (relating to the Game and Wildlife Code).
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, and at its October 2, 2001, meeting finally adopted, the addition of paragraph (10) establishing 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 adopted change.
3. Regulatory Requirements
The adopted 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 adopted change.
5. Comment and Response Summary
No official comments were received regarding this adopted change.
6. Cost and Paperwork Requirements
The adopted change would result in a permit application and fee submission of $10 for residents and $25 for nonresidents.
Addition of Change 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 and adopted at its October 2, 2001, meeting, adding a 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 adopted regulations would set out conditions under which a person may obtain a commercial wildlife pest control permit, along with specific regulatory requirements that shall be followed by each permit holder. Section 2901(b) of the code provides the authority for the adopted regulations.
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 examination. Additionally, records shall be kept and available for inspection, along with a report sent to the district wildlife conservation officer each month. The adopted regulations also outline the method and manner of humane dispatch of nuisance wildlife along with approved methods, devices and disposal. Finally, the adopted regulations specify unlawful acts relating to the wildlife pest control permit.
4. Persons Affected
Persons holding, or wishing to obtain a commercial wildlife pest control permit may be affected.
5. Comment and Response Summary
No official comments were received regarding these adopted regulations.
6. Cost and Paperwork Requirements
The adopted regulations 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 adopted regulations will be effective on final publication in the Pennsylvania Bulletin and will remain in effect until changed by the Commission.
Contact Person
For further information regarding these regulations, contact David E. Overcash, Director, Bureau of Law Enforcement, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717) 783-6526.
Fndings
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 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 authorizing statute, orders that:
(a) The regulations of the Commission, 58 Pa. Code Chapter 147, are amended by amending § 147.701 and adding §§ 147.721 and 147.723--147.725 to read as set forth at 31 Pa.B. 5365 (September 22, 2001); and by adding §§ 147.722 and 147.726--147.728 to read as set forth in Annex A.
(b) The Executive Director of the Commission shall submit this order, 31 Pa.B. 5365 and Annex A and deposit them with the Legislative Reference Bureau as required by law.
(c) This order shall take effect upon final publication in the Pennsylvania Bulletin.
VERNON R. ROSS,
Executive DirectorFiscal Note: Fiscal Note 48-135 remains valid for the final adoption of the subject regulations.
Annex A
TITLE 58. RECREATION
PART III. GAME COMMISSION
CHAPTER 147. SPECIAL PERMITS
Subchapter T. COMMERCIAL WILDLIFE PEST CONTROL § 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 (relating to humane methods).
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.
§ 147.726. 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 excluded 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. Humane methods.
Animals shall be dispatched using the following methods:
(1) Birds shall be dispatched through the use of: inhalant anesthetics, carbon monoxide, carbon dioxide, barbiturates, gunshot, cervical dislocation, decapitation.
(2) Furbearers, 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.
(3) Big game shall be dispatched through the use of: barbiturates, gunshot, penetrating captive bolt or chloral hydrate.
§ 147.728. 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 employee from the permit.
(5) Dispatch any animal in any manner not defined as a humane manner in § 147.722 (relating to definitions).
(6) Violate any other provisions of this subchapter.
[Pa.B. Doc. No. 01-1962. Filed for public inspection November 2, 2001, 9:00 a.m.]
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