PROPOSED RULEMAKING
[ 58 PA. CODE CH. 147 ]
Special Permits
[38 Pa.B. 3244]
[Saturday, June 14, 2008]To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its April 22, 2008, meeting, proposed the following rulemaking:
Amend § 147.675 (relating to validity of permit) to expand the eligibility period for the validity of DMAP permits to include open seasons for antlered deer during the regular firearms season while also providing clarification that DMAP harvest permits are valid only to harvest antlerless deer.
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 April 22, 2008, meeting of the Commission. Comments can be sent to the Director, Information and Education, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, until June 20, 2008.
1. Purpose and Authority
At the January 2008 Commission meeting, the Commission proposed the creation of a bifurcated regular firearms season in Wildlife Management Units 2D, 2G, 3C and 4B during which the first 5 days will be limited to the harvest of antlered deer only and the last 7 days open to the harvest of both antlered and antlerless deer. The Commission has recognized that the intentional shortening of the regular firearms season for antlerless deer will also cause a resulting 1 week reduction in the time periods during which DMAP permits would be valid. In its continuing interest to assist landowners in achieving deer densities consistent with their land use goals through the use of licensed hunters, the Commission is proposing to amend § 147.675 to expand the eligibility period for the validity of the DMAP permits to include open seasons for antlered deer during the regular firearms season. In an effort to curb confusion, the Commission is also proposing to amend § 147.675 to clarify that DMAP harvest permits are valid only to harvest antlerless deer.
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 amendments to § 147.675 were proposed pursuant to this authority.
2. Regulatory Requirements
The proposed rulemaking will amend § 147.675 to expand the eligibility period for the validity of DMAP permits to include open seasons for antlered deer during the regular firearms season while also providing clarification that DMAP harvest permits are valid only to harvest antlerless deer.
3. Persons Affected
Persons wishing to hunt white-tailed deer within this Commonwealth pursuant to a DMAP harvest permit may be affected by the proposed rulemaking.
4. Cost and Paperwork Requirements
The proposed rulemaking should not result in any additional cost or paperwork.
5. Effective Date
The final rulemaking will be effective upon final 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 A. Palmer, Acting Director, Bureau of Wildlife Protection, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717) 783-6526.
CARL G. ROE,
Executive DirectorFiscal Note: 48-270. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 58. GAME COMMISSION
CHAPTER 147. SPECIAL PERMITS
Subchapter R. DEER CONTROL
DEER MANAGEMENT ASSISTANCE PROGRAM PERMITS § 147.675. Validity of permit.
(a) DMAP harvest permits are valid [only] during open seasons for hunting antlered or antlerless deer.
* * * * * (c) DMAP harvest permits are valid only to harvest antlerless deer.
[Pa.B. Doc. No. 08-1098. Filed for public inspection June 13, 2008, 9:00 a.m.]
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