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PA Bulletin, Doc. No. 05-91

RULES AND REGULATIONS

GAME COMMISSION

[58 PA. CODE CH. 147]

Special Permits; Deer Management Assistance Program Permits

[35 Pa.B. 357]

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

   This final-form rulemaking will have no adverse impact on the wildlife resources of this Commonwealth.

   The authority for this final-form rulemaking is 34 Pa.C.S. (relating to Game and Wildlife Code) (code).

   Notice of proposed rulemaking was published at 34 Pa.B. 5167 (September 18, 2004).

1.  Introduction

   The amendment to § 147.674 permits 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 final-form rulemaking 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 adopted under this authority.

3.  Regulatory Requirements

   This final-form 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 this final-form rulemaking.

5.  Comment and Response Summary

   There were no official comments received regarding this final-form rulemaking.

6.  Cost and Paperwork Requirements

   This final-form rulemaking will result in very limited additional cost and paperwork related to the submission of reports and survey information from the prior season.

7.  Effective Date

   This rulemaking will be effective on final-form publication in the Pennsylvania Bulletin and will remain in effect until changed by the Commission.

8.  Contact Person

   For further information regarding the final rulemaking, contact Michael A. Dubaich, Director, Bureau of Law Enforcement, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717) 783-6526.

Findings

   The Commission finds that:

   (1)  Public notice of intention to adopt the administrative amendment adopted by this order has been given under sections 201 and 202 of the act of 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 amendment 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 § 147.674 to read as set forth at 34 Pa.B. 5167.

   (b)  The Executive Director of the Commission shall certify this order and 34 Pa.B. 5167 and deposit them with the Legislative Reference Bureau as required by law.

   (c)  This order shall become effective upon final-form publication in the Pennsylvania Bulletin.

VERNON R. ROSS,   
Executive Director

   Fiscal Note: Fiscal Note 48-194 remains valid for the final adoption of the subject regulation.

[Pa.B. Doc. No. 05-91. Filed for public inspection January 14, 2005, 9:00 a.m.]


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