PROPOSED RULEMAKING
[58 PA. CODE CH. 147]
Special Permits; Depredation Permits
[36 Pa.B. 25] To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its October 4, 2005, meeting, proposed to amend § 147.745 (relating to exclusions) to allow the issuance of depredation permits for a limited take of State listed endangered or threatened species if the taking were part of an integrated damage management program and the taking would not be detrimental to the sustainability of the Statewide population of the species.
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 October 4, 2005, meeting of the Commission. Comments can be sent, until January 20, 2005, to the Director, Information and Education, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797.
1. Purpose and Authority
The Commission recently adopted various classification changes to the State endangered/threatened status for several bird species. In most cases these changes were prompted by recent declines in population due to habitat loss or alteration, disturbance and competition at breeding sites. These classification changes are important because they will add further protection to imperiled populations of these species. Despite the importance of protecting the most imperiled species and promoting their recovery within this Commonwealth, it is also important to manage these species' impact on human property and economic endeavors, even when a species is classified as endangered or threatened. Section 2121(b) of the code (relating to killing game or wildlife to protect property) epitomizes this need for balance by acknowledging that a person may kill an endangered or threatened species destroying agricultural crops if the person first gives the Commission the opportunity to trap and transfer the animal causing the damage. Unfortunately, trap and transfer efforts do not generally provide a permanent solution to the problem, nor do these efforts protect and conserve the endangered or threatened species.
Depredation permits are special permits issued to take certain wildlife to protect property and help prevent economic loss. As currently written, § 147.745 prohibits the issuance of a depredation permit for the taking of any endangered or threatened species, whether Federally or State listed. The Commission is proposing to amend § 147.745 to allow a depredation permit to be issued for a limited take of State listed endangered or threatened species if the taking is part of an integrated damage management program and the taking would not be detrimental to the sustainability of the Statewide population of the species.
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.'' The amendment to § 147.745 was proposed under this authority.
2. Regulatory Requirements
The proposed rulemaking will amend § 147.745 to allow the issuance of depredation permits for a limited take of State listed endangered or threatened species if the taking were part of an integrated damage management program and the taking would not be detrimental to the sustainability of the Statewide population of the species.
3. Persons Affected
Persons wishing to obtain a depredation permit to take any State listed endangered or threatened species may be affected by the proposed rulemaking.
4. Cost and Paperwork Requirements
The proposed rulemaking should not result in additional cost or paperwork.
5. 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.
6. 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: 48-224. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 58. RECREATION
PART III. GAME COMMISSION
CHAPTER 147. SPECIAL PERMITS
Subchapter U. DEPREDATION § 147.745. Exclusions.
* * * * * (b) A depredation permit will not be issued for the taking of any endangered or threatened species, as defined in 50 CFR Part 17 (relating to endangered and threatened wildlife and plants) [and § 133.21 (relating to classification of birds)]. A depredation permit may be issued for a limited taking of endangered or threatened species as defined in § 133.21 (relating to classification of birds) if the taking is intended to reinforce and support nonlethal control methods as part of an integrated damage management program. A depredation permit will be denied if the taking of a specific species as defined in § 133.21 would be detrimental to the population of that species as a whole, as determined by available biological data.
* * * * *
[Pa.B. Doc. No. 06-14. Filed for public inspection January 6, 2006, 9:00 a.m.]
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