PROPOSED RULEMAKING

[58 PA. CODE CH. 147]

Special Permits; Deer Management Assistance Program Permits

[34 Pa.B. 5167]

   To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its June 29, 2004, meeting, proposed to amend § § 147.674 (relating to issuance of DMAP harvest permits).

   The proposed rulemaking will have no adverse impact on the wildlife resources of this Commonwealth.

   The authority for the proposed rulemaking is 34 Pa.C.S. (relating to Game and Wildlife Code) (code).

1.  Introduction

   The Commission is proposing to amend § 147.674 to permit the Commission to deny issuance of Deer Management Assistance Program (DMAP) harvest permits to persons who fail to complete and submit report and survey information from the prior season.

2.  Purpose and Authority

   Harvest information is critical to evaluate this Commonwealth's deer population and to evaluate the effectiveness of the DMAP. To help insure that all DMAP harvest permitholders complete and submit the required harvest and survey information this proposed amendment will prohibit persons who have not submitted the information in the previous year from purchasing a DMAP harvest permit.

   Section 2901(b) of the code (relating to authority to issue permits) provides ''the commission may, as deemed necessary to properly manage the game or wildlife resources, promulgate regulations for the issuance of any permit and promulgate regulations to control the activities which may be performed under authority of any permit issued.'' Section 2102(a) of the code (relating to regulations) provides that ''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 management of 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.'' The amendment to § 147.674 was proposed under this authority.

3.  Regulatory Requirements

   The proposed rulemaking will permit the Commission to deny issuance of DMAP harvest permits to persons who fail to complete and submit report and survey information from the prior season.

4.  Persons Affected

   Persons wishing to acquire DMAP harvest permits who have failed to complete and submit report and survey information from the prior season will be affected by the proposed rulemaking.

5.  Cost and Paperwork Requirements

   The proposed rulemaking will result in very limited additional cost and paperwork related to the submission of reports and survey information from the prior season.

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.  Comments

   Comments can be sent to the Director, Information and Education, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797 until September 27, 2004.

8.  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 Director

   Fiscal Note: 48-194. No fiscal impact; (8) recommends adoption.

Annex A

TITLE 58. RECREATION

PART III.  GAME COMMISSION

CHAPTER 147. SPECIAL PERMITS

Subchapter R. DEER CONTROL

DEER MANAGEMENT ASSISTANCE
PROGRAM PERMITS

§ 147.674. Issuance of DMAP harvest permits.

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   (e)  Permits will not be issued to persons who failed to complete and submit harvest report and survey information from the prior season.

[Pa.B. Doc. No. 04-1722. Filed for public inspection September 17, 2004, 9:00 a.m.]

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