PROPOSED RULEMAKING
GAME COMMISSION
[58 PA. CODE CH. 143]
Deer Management Assistance Program
[33 Pa.B. 1484] To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its January 7, 2003, meeting, proposed the following amendments:
Add Subchapter L (relating to deer management assistance program licenses) to provide hunters the opportunity to purchase and use area specific deer management assistance program (DMAP) licenses that have been allotted to qualifying applicant landowners.
The proposed rulemaking will have no adverse impact on the wildlife resources of this Commonwealth.
The authority for the proposed regulations is 34 Pa.C.S. (relating to Game and Wildlife Code) (code).
The proposed rulemaking was made public at the January 7, 2003, meeting of the Commission. Comments can be sent until April 4, 2003, to the Director, Information and Education, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797.
1. Introduction
The Commission is proposing to add Subchapter L to Chapter 143 (relating to hunting and furtaker licenses) to implement the DMAP, which is designated to specially assist landowners experiencing particularly severe problems related to excessive deer herd populations.
2. Purpose and Authority
Under proposed Subchapter L, the regulations will provide qualified landowners with a determined allotment of coupons, which may then be distributed by the landowners to hunters. Hunters receiving the coupons will then be permitted to submit the coupons to purchase and use DMAP antlerless licenses in the qualified specific area related to that coupon. The number of coupons that will be allotted to any qualifying applicant landowner will be determined based on the specific program the landowner qualifies for as well as any approved deer management plans submitted by the landowner. The county treasurer will issue the DMAP licenses without regard to the regular, annual, antlerless license allocation for each wildlife management unit. The intention behind DMAP is to provide both public and private landowners with an additional tool for the future management of local white-tailed deer herds on lands where excessive deer numbers have compromised the landowners' land uses and other interests. Subchapter L will establish application procedures, coupon distribution limits and eligibility guidelines for landowners.
Section 2722(g) of the code (relating to authorized license-issuing agents) directs the Commission to adopt regulations for the administration, control and performance of license issuing activities. Section 2102(a) of the code (relating to regulations) provides ''The 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 managementof 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.'' These two provisions provide the statutory authority for the proposed rulemaking.
3. Regulatory Requirements
The proposed rulemaking will establish a DMAP whereby landowners may qualify to have additional antlerless licenses issued to hunters to harvest antlerless deer on their lands.
4. Persons Affected
Persons wishing to hunt for antlerless deer and persons wishing to have more deer harvested from their land will be affected by the proposed rulemaking.
5. Cost and Paperwork Requirements
The proposed rulemaking will result in some additional cost to the Commission in the form of printing additional antlerless deer licenses and printing and distributing coupons to landowners for this program.
6. Effective Date
The proposed rulemaking will be effective on final-form publication in the Pennsylvania Bulletin and will remain in effect until changed by the Commission.
7. Contact Person
For further information regarding the proposed rulemaking, contact Michael A. Dubaich, Director, Bureau of Law Enforcement, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717) 783-6526.
VERNON R. ROSS,
Executive DirectorFiscal Note: 48-156. (1) Game Fund; (2) Implementing Year 2003-04 is $1,490; (3) 1st Succeeding Year 2004-05 is $1,490; 2nd Succeeding Year 2005-06 is $1,490; 3rd Succeeding Year 2006-07 is $1,490; 4th Succeeding Year 2007-08 is $1,490; 5th Succeeding Year 2008-09 is $1,490; (4) 2002-03 Program--$n/a; 2001-02 Program--$n/a; 2000-01--$n/a; (7) General Government Operations; (8) recommends adoption.
Annex A
TITLE 58. RECREATION
PART III. GAME COMMISSION
CHAPTER 143. HUNTING AND FURTAKER LICENSES
Subchapter L. DEER MANAGEMENT ASSISTANCE PROGRAM LICENSES Sec.
143.301. Purpose and scope. 143.302. Definitions. 143.303. Eligibility and application for DMAP. 143.304. Issuance of DMAP licenses. 143.305. Validity of license. 143.306. Unlawful acts. § 143.301. Purpose and scope.
This subchapter establishes rules for application and issuance of antlerless deer licenses for use on lands enrolled in a DMAP and will be reviewed by the Commission in January 2004.
§ 143.302. Definitions.
The following words or terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise:
Coupon--The coupon issued by the Commission to approved DMAP areas entitling the holder to one DMAP license for the DMAP area indicated on the coupon.
DMAP--The Deer Management Assistance Program.
DMAP license--The numbered back tag which is issued by the county treasurer authorizing the holder thereof to hunt antlerless deer in a specific DMAP area. Each license has its own antlerless deer ear tag and antlerless deer harvest report card attached to be used only for tagging and reporting an antlerless deer harvested.
Private land--Land not defined as public land and owned or leased by 3 or fewer natural persons which are not incorporated.
Public land--Any land owned or controlled by a Federal or State agency, or municipal political subdivision.
§ 143.303. Eligibility and application for DMAP.
(a) In the 2003-2004 license year, DMAP applications will only be accepted for public land, and private land enrolled in one of the Commission's public access programs (Farm Game, Forest Game or Safety Zone-- P.10203). Owners or lessees of private land or authorized officers or employees of political subdivisions or government agencies shall apply for the DMAP in a manner and on a form required by the Director for one of the following programs:
(1) Small landowner program. Less than 1,000 contiguous acres of land. One DMAP license will be allocated for every 50 acres enrolled in the DMAP. Additional DMAP licenses may be allocated dependent on current conditions relative to goals and objectives outlined in a Commission approved management plan.
(2) Agriculture program. Land where material destruction of cultivated crops, fruit trees or vegetables by deer has been or can be documented by the Commission. One DMAP license will be allocated for every 5 acres enrolled in the DMAP. Additional DMAP licenses may be allocated dependent on current conditions relative to goals and objectives outlined in a Commission approved management plan.
(3) Urban program. Land owned or controlled by municipalities or community associations. The number of DMAP licenses allocated will depend on current conditions relative to goals and objectives outlined in the management plan.
(4) Conservation program. Land where deer damage to threatened or endangered plant or animal species, or both, or communities in which they live has been documented or can be documented by the applicant. The number of DMAP licenses allocated will depend on current conditions relative to goals and objectives outlined in a Commission approved management plan.
(5) Large landowner program. One thousand or more contiguous acres of land. The number of DMAP licenses allocated will depend on current conditions relative to goals and objectives outlined in a Commission approved management plan. Applicants engaged in forestry practices shall provide information about forestry practices for the property in the management plan.
(b) Applications shall be submitted to the appropriate regional office by July 1 immediately preceding the first fall deer hunting season.
(c) When a management plan is required with the application, the procedure is as follows:
(1) An application for approval of a management plan that will allow the use of DMAP licenses on a designated land area shall contain the following information:
(i) The name of the owner, lessee, political subdivision or government agency that is requesting approval of a deer management plan.
(ii) If the application is for the urban program, Conservation program or public land, the name and address of the authorized officer or employee of the political subdivision or government agency who will be the contact person for the plan.
(iii) A map showing the location and boundaries of the area and the county, township and Commission wildlife management unit the site is located in.
(iv) A description of the management area delineated on the map in subparagraph (iii) including the size in acres, cover types (forested, nonforested), principal land uses, huntable areas and safety zones and hunter access points.
(v) A brief description of the area including access points that the person in control of the land wants to have posted on the Commission web site, as well as the name and address of a contact person for more information.
(vi) An explanation of deer management goals and objectives for the area. Goals include deer density, deer impacts, habitat condition, forest regeneration, other wildlife and recreational opportunities.
(vii) An explanation to substantiate why the person in control of the land wants to increase the harvest of antlerless deer by allowing use of DMAP on the area. Area specific information shall be provided that supports the deer management goals and objectives, such as deer density estimates, indices of deer abundance, buck/doe ratios, fawn/doe ratios, deer condition, habitat conditions, plant species abundance or diversity, forest regeneration and hunter success rates.
(d) Upon approval of the application, the person in control of the land will conspicuously post the site boundary and all public roadways traversing the property with signs approved by the Commission. Posting shall be completed by the opening date of the first fall antlerless deer season.
(e) Approved applicants shall receive one coupon for each DMAP license the DMAP area is entitled to. Unused coupons shall be returned to the Commission by January 31 of each license year.
§ 143.304. Issuance of DMAP licenses.
(a) DMAP licenses shall be made available without regard to quota limitations and shall be issued by the county treasurer in the county where the majority of the land enrolled in the DMAP is situated.
(b) One coupon for the DMAP area may be issued to persons who possess a valid Pennsylvania hunting license.
(c) Coupon holders shall present the coupon along with an application for an antlerless license to the county treasurer in the county where the majority of the land enrolled in the DMAP is situated and be issued a DMAP license after paying the prescribed antlerless license fee.
§ 143.305. Validity of license.
(a) DMAP licenses are valid only during open seasons for hunting antlerless deer.
(b) DMAP licenses are valid only on the DMAP area indicated on the license.
§ 143.306. Unlawful acts.
It is unlawful to:
(1) Use, possess or attempt to use or possess more than one DMAP license for a specific DMAP area in any license year.
(2) Issue more than one coupon to any person for a specific DMAP area in any license year.
(3) Fail to tag any deer taken in accordance with provisions of this part and the act relating to tagging big game.
(4) Fail to complete harvest report and survey information in accordance with instructions provided on the report card and/or the survey.
[Pa.B. Doc. No. 03-513. Filed for public inspection March 21, 2003, 9:00 a.m.]
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