PROPOSED RULEMAKING
GAME COMMISSION
[58 PA. CODE CH. 141]
Hunting and Trapping; Special Regulations Areas
[36 Pa.B. 5784]
[Saturday, September 16, 2006]To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its June 6, 2006, meeting, proposed to amend § 141.1 (relating to special regulations areas).
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 June 6, 2006, meeting of the Commission. Comments can be sent, until September 29, 2006, to the Director, Information and Education, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797.
1. Purpose and Authority
The Commission is directed by law to use hunting in managing white-tailed deer. The Commission has encouraged and supported hunting as the primary means of managing deer populations by annually making hunting opportunities available, increasing hunter opportunities and providing deer hunters with tools to increase their success. With the recent creation of the ''Plan to Reduce Human-Deer Conflicts in Developed Areas,'' also known as the Urban Deer Management Strategy, this same approach will be used when safe and appropriate in developed areas.
Strategy 1.1.3 of the Urban Deer Management Strategy calls for the use of regulated baiting to increase hunter harvest in developed wildlife management units. In 2004, the State legislature authorized the Commission to regulate the use of bait for deer removal in special regulations areas in southeastern Pennsylvania. While traditional hunting, that is, hunting without bait, is the most economical way to manage deer populations, by allowing the use of bait while hunting, there is a potential to increase harvest, hunter success and hunter opportunity in developed areas. Providing this tool in the most developed areas will be beneficial to hunters, urban residents and the Commission's deer management program. Therefore, the Commission is proposing to amend § 141.1 to permit hunters to use or take advantage of bait while hunting deer within the southeast special regulations area of this Commonwealth.
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 § 141.1 was proposed under this authority.
2. Regulatory Requirements
The proposed rulemaking amends § 141.1 to permit hunters to use or take advantage of bait while hunting deer within the southeast special regulations area of this Commonwealth.
3. Persons Affected
Persons wishing to hunt deer within the southeast special regulations area of this Commonwealth 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 Richard R. Palmer, Acting Director, Bureau of Law Enforcement, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717) 783-6526.
CARL G. ROE,
Executive DirectorFiscal Note: 48-235. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 58. RECREATION
PART III. GAME COMMISSION
CHAPTER 141. HUNTING AND TRAPPING
Subchapter A. GENERAL § 141.1. Special regulations areas.
* * * * * (d) Permitted acts. It is lawful to:
* * * * * (5) Hunt or take deer in the southeast area through the use of or by taking advantage of bait.
(i) Bait may be distributed up to a maximum of three times per day, during legal hunting hours only. Each distribution of bait may be no greater than 10 pounds.
(ii) Bait may also be distributed at any deer treatment bait station used for tick control. The distribution conditions as noted in subparagraph (i) do not apply.
(iii) It shall be the responsibility of the hunter to ensure that the land has been baited in compliance with this paragraph prior to hunting in that area.
(iv) This paragraph will expire on ______ (Editor's Note: The blank refers to a date 3 years after the effective date of adoption of this proposed rulemaking.).
[Pa.B. Doc. No. 06-1803. Filed for public inspection September 15, 2006, 9:00 a.m.]
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