PROPOSED RULEMAKING
[ 58 PA. CODE CH. 147 ]
Special Permits
[38 Pa.B. 4521]
[Saturday, August 16, 2008]To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its June 24, 2008, meeting, proposed the following rulemaking:
Amend §§ 147.721--147.726 and 147.728 and 147.729 (relating to commercial wildlife pest control) by changing the name of the permit, and to update and expand nuisance wildlife control operator standards.
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 24, 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 October 17, 2008.
1. Purpose and Authority
Chapter 147, Subchapter T provides the regulatory structure for the Commission to authorize persons to engage in nuisance wildlife control activities. The Commission has identified that these regulations have over time become inadequate to address the needs of the Commission and the public concerning the persistent problem of nuisance wildlife and therefore needed to be amended. Some notable recommendations generated by the Commission include the renaming of permit holders as ''nuisance wildlife control operators'' rather than the current ''wildlife pest control agents,'' the expansion of applicant eligibility standards to permit application from nonresidents, new requirements for the control of rabies vector species and, finally, new testing standards for applicants working in deer control. Therefore, the Commission is proposing to amend §§ 147.721--147.726 and 147.728 and 147.729 to update and expand nuisance wildlife control operator standards.
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 §§ 147.721--147.726 and 147.728--147.729 were proposed under this authority.
2. Regulatory Requirements
The proposed rulemaking will amend §§ 147.721--147.726 and 147.728--147.729 to update and expand nuisance wildlife control operator standards.
3. Persons Affected
Persons wishing to engage in nuisance wildlife control activities within this Commonwealth will 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 proposed 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, Director, Bureau of Wildlife Protection, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717) 783-6526.
CARL G. ROE,
Executive DirectorFiscal Note: 48-275. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 58. GAME COMMISSION
CHAPTER 147. SPECIAL PERMITS
Subchapter T. [COMMERCIAL WILDLIFE PEST CONTROL] NUISANCE WILDLIFE CONTROL OPERATOR § 147.721. General.
A [commercial] nuisance wildlife [pest] control operator permit is required for any resident or nonresident person to take, harass, transport, release or dispatch designated wildlife for another person or to solicit or offer [their] his services to another to take, harass, transport or dispatch designated wildlife that is creating a nuisance, causing damage to property or is a risk to human health or safety. This permit authorizes the agent to control designated wildlife for another at any time of the year.
§ 147.722. Definitions.
In addition to the definitions contained in the act and § 131.2 (relating to definitions), the following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise:
Agent--A holder of a valid [Commercial] Nuisance Wildlife [Pest] Control Operator Permit or a legitimate employee.
* * * * * § 147.723. Application.
(a) An application for examination shall be submitted on a form supplied by the Commission. A nonrefundable fee of $25 for each test shall be submitted with the application for new agents only. An additional $50 shall be submitted for [the] each permit if the examination is passed.
* * * * * (c) Conviction of a violation of the act within 5 years of the date of application [may] shall preclude the issuance of a permit.
(d) An agent whose permit lapses for 2 or more years shall apply as a new applicant.
§ 147.724. [Commercial] Nuisance wildlife [pest] control operator examination.
* * * * * § 147.724a. Nuisance deer control examination.
(a) New agents shall be required to obtain a minimum score of 80% on a supervised written examination approved by the Director.
(b) The examination must include the following subject matter:
(1) Biology, life history and habits of white-tailed deer.
(2) Control methods, care and handling and euthanasia.
(3) Laws and regulations.
(4) Diseases and parasites.
(5) Public relations.
§ 147.725. Records and reports.
* * * * * (d) Nonresidents shall submit their report forms directly to the Bureau of Wildlife Protection.
§ 147.726. Operation.
(a) Approved methods and devices are as follows:
(1) Foot hold traps, body gripping traps, box traps, clover traps, cage traps, nets and snares.
* * * * * (4) Dogs used to harass nuisance geese. The authorization to harass geese with dogs is prohibited at any time when goslings are present at the site and during the period from June 16 to July 20, when the majority of adult birds are flightless.
* * * * * (g) Nuisance wildlife captured alive shall within 24 hours be dispatched in a humane manner or released in an area open to hunting or trapping. Nontarget animals may be released at the site of capture [.] , with the following exceptions:
(1) Except as provided in paragraph (2), rabies vector species (RVS), as defined in § 147.301 (relating to definitions) shall be euthanized in a humane manner rather than released.
(2) An agent may not, without special written permission from the director, destroy or euthanize five or more bats at any one location.
(h) Carcasses shall be disposed of by incineration or in an approved landfill in a manner consistent with the solid waste laws of the Commonwealth. The taking of any white-tailed deer shall be reported within 24 hours and turned over to the district wildlife conservation officer, unless alternative arrangements are accepted by the district wildlife conservation officer.
§ 147.728. Unlawful acts.
It is unlawful to:
* * * * * (6) [Violate any other provisions of this subchapter] Conduct roundups or gather large numbers of resident Canada geese for removal from an area without prior approval from the Bureau of Wildlife Protection. Prior to authorization of a roundup, an applicant shall have conducted at least 2 consecutive years of nonlethal harassment techniques.
(7) Violate other provisions of this subchapter.
§ 147.729. Exemptions.
(a) A nuisance wildlife control operator permit will not be required for municipal, State or Federal employees conducting animal control activities if the following conditions are met:
(1) The municipal, State or Federal employee has agreed, in writing, to conduct animal control in accordance with this subchapter. However, permit testing and permit possession requirements do not apply.
(2) Written request for exemption shall be made to the district wildlife conservation officer on letterhead from the municipal, State or Federal entity. The request must state that the employee is a legitimate employee of the entity, is employed as an animal control officer and that the entity has accepted responsibility for the employee's training and supervision as it relates to this subchapter.
(3) This exemption is valid only if an animal control officer is acting within his scope of duty.
[Pa.B. Doc. No. 08-1491. Filed for public inspection August 15, 2008, 9:00 a.m.]
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