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PA Bulletin, Doc. No. 07-1144

RULES AND REGULATIONS

GAME COMMISSION

[58 PA. CODE CH. 147]

Special Permits; Deer Management Assistance Program Permits

[37 Pa.B. 2959]
[Saturday, June 30, 2007]

   To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its April 18, 2007, meeting, adopted an amendment to § 147.674 (relating to issuance of DMAP harvest permits).

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

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

   Notice of proposed rulemaking was published at 37 Pa.B. 1333 (March 24, 2007).

1.  Purpose and Authority

   Since the implementation of the Deer Management Assistance Program (DMAP) in 2003, harvest permit fees for residents and nonresidents have remained unchanged. However, operating costs throughout this Commission have increased significantly, especially since the Commission's last license fee increase occurred in 1999. Given the added recreational opportunities that DMAP harvest permits offer and the nominal cost currently associated with them, the Commission determined that an increase in permit fees will better represent the value of the privilege and improve funding for the management of wildlife resources. Therefore, the Commission amended § 147.674 to increase DMAP harvest permit fees from $6 to $10 for residents and $26 to $35 for nonresidents.

   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.

2.  Regulatory Requirements

   The final-form rulemaking amends § 147.674 to increase DMAP harvest permit fees from $6 to $10 for residents and $26 to $35 for nonresidents.

3.  Persons Affected

   Persons wishing to purchase DMAP harvest permits from the Commission will be affected by the final-form rulemaking.

4.  Comment and Response Summary

   The Commission received two official written comments in opposition of the Commission's proposal to increase DMAP permit fees.

5.  Cost and Paperwork Requirements

   The final-form rulemaking should not result in additional cost or paperwork.

6.  Effective Date

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

7.  Contact Person

   For further information regarding the final-form rulemaking, contact Richard A. Palmer, Acting Director, Bureau of Wildlife Protection, 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 37 Pa.B. 1333.

   (b)  The Executive Director of the Commission shall certify this order and 37 Pa.B. 1333 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.

CARL G. ROE,   
Executive Director

   Fiscal Note: Fiscal Note 48-249 remains valid for the final adoption of the subject regulation.

[Pa.B. Doc. No. 07-1144. Filed for public inspection June 29, 2007, 9:00 a.m.]


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