PROPOSED RULEMAKING
[58 PA. CODE CHS. 147]
Special Permits
[35 Pa.B. 1771] To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) at its January 25, 2005, meeting, proposed the following rulemaking:
Amend §§ 147.672, 147.674 and 147.676 (relating to definitions; issuance of DMAP harvest permits; and unlawful acts) to allow any defined hunting club to enroll its property in the Deer Management Assistance Program (DMAP), to allow a DMAP applicant to issue up to two coupons to qualified individuals per license year, and to allow the Commission to deny refund of any application fees paid for DMAP harvest permits to persons who fail to complete and submit report and survey information from the prior season.
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).
The proposed rulemaking was made public at the January 25, 2005, meeting of the Commission. Comments can be sent to the Director, Information and Education, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, until April 22, 2005.
1. Introduction
DMAP has been in effect for almost two full seasons and has already proven to be an asset to both public and private landowners as a tool for the effective management of local white-tailed deer herds on lands where excessive deer numbers have compromised the landowners' land management objectives, land uses and other legitimate interests. In response to these successes, the Commission has identified a few changes that could make the program even more successful in the future.
2. Purpose and Authority
Currently, hunting clubs that wish to enroll in DMAP must own 1,000 or more contiguous acres. Due to the success of DMAP thus far, the Commission would like to make the program more accessible to smaller hunting clubs that desire to enroll in the program. Specifically, the Commission is proposing to redefine ''hunting club'' in § 147.672 by removing the restrictive and limiting language related to acreage. This proposed rulemaking should make DMAP more accessible to hunting clubs that do not own or do not wish to enroll 1,000 or more contiguous acres.
Currently, the requirements and restrictions of §§ 147.674 and 147.676 limit a DMAP enrollee's ability to issue more than one coupon for each qualified individual per license year. Due to the success of DMAP thus far, the Commission would like to make the program more effective by permitting an additional coupon to be issued.
Recently, the Commission amended § 147.674 to declare that DMAP harvest permits will not be issued to persons who failed to complete and submit harvest report and survey information from the prior season. Accurate harvest data is critically important to making the program work effectively. The Commission believes additional measures are needed to ensure complete compliance with reporting requirements by all DMAP harvest permitholders. Therefore, the Commission is proposing to amend § 147.674 to allow the Commission to deny refund of any application fees paid for DMAP harvest permits to persons who fail to complete and submit harvest report and survey information from the prior season.
Section 2901(b) of the code 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 provides ''The commission shall promulgate such regulations as it deems necessary and appropriate concerning game or wildlife and hunting . . . in this Commonwealth, including regulations relating to the . . . management of game or wildlife . . .'' The amendments to §§ 147.672, 147.674 and 147.676 were proposed under this authority.
3. Regulatory Requirements
The proposed rulemaking will remove limitations and expand the eligibility of certain hunting clubs to enroll in DMAP, expands a DMAP applicant's ability to issue two coupons to qualified individuals per license year rather than one, and will allow the Commission the ability to deny refund of any application fees paid for DMAP harvest permits to persons who fail to complete and submit harvest report and survey information from the prior season.
4. Persons Affected
Persons wishing to apply to have their land enrolled in DMAP and persons wishing to submit a DMAP coupon for a DMAP harvest permit will be affected by the proposed rulemaking.
5. Cost and Paperwork Requirements
The proposed rulemaking should not result in additional cost or paperwork.
6. Effective Date
The proposed rulemaking will be effective upon 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: 48-200. 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 § 147.672. Definitions.
The following words and terms, when used in this section and §§ 147.671 and 147.673--147.676, have the following meanings, unless the context clearly indicates otherwise:
* * * * * Hunting club--A corporation or legal cooperative which owns [1,000 or more contiguous] its enrolled acres in fee title, was established prior to January 1, 2000, and has provided its club charter and list of current members to the Commission.
* * * * * § 147.674. Issuance of DMAP harvest permits.
* * * * * (b) [One coupon] Two coupons for the DMAP area may be issued each license year to persons who possess a valid Pennsylvania hunting license or qualify for license and fee exemptions under section 2706 of the act (relating to resident license and fee exemptions).
* * * * * (e) Permits and refunds will not be issued to persons who failed to complete and submit harvest report and survey information from the prior season.
§ 147.676. Unlawful acts.
It is unlawful to:
(1) Use, possess or attempt to use or possess more than [one] two DMAP harvest [permit] permits for a specific DMAP area in any license year.
* * * * * (4) Issue more than [one coupon] two coupons to any person for a specific DMAP area in any license year.
* * * * *
[Pa.B. Doc. No. 05-496. Filed for public inspection March 18, 2005, 9:00 a.m.]
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