PROPOSED RULEMAKING
[ 58 PA. CODE CH. 147 ]
Special Permits
[38 Pa.B. 4526]
[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 §§ 147.322, 147.324 and 147.325 (relating to application for deer control permit; privileges authorized under the permit; and special conditions of permit) to expand the list of authorized applicants to also include homeowners associations and nonprofit land-holding organizations.
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
In developed landscapes, lower deer populations result in fewer deer/human conflicts. Therefore, alternative herd reduction tools are necessary for communities to address growing deer populations. Although the Commission is directed by law to use hunting in managing white-tailed deer, hunting is not always feasible in an urbanized setting. Currently, only political subdivisions may apply for a Deer Control Permit. Recognizing that urban deer issues do not always affect an entire township or borough, the Commission is proposing to amend §§ 147.322, 147.324 and 147.325 to expand the list of authorized applicants to also include homeowners associations and nonprofit land-holding organizations. This does not change the requirements or review process of an application. It merely makes this tool available to more groups experiencing unacceptable levels of deer/human conflicts in a developed area.
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 §§ 147.322, 147.324 and 147.325 were proposed under this authority.
2. Regulatory Requirements
The proposed rulemaking will amend §§ 147.322, 147.324 and 147.325 to expand the list of authorized applicants to also include homeowners associations and nonprofit land-holding organizations.
3. Persons Affected
Homeowners associations and nonprofit land-holding organizations wishing to engage in deer control activities within this Commonwealth 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 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: 48-272. No fiscal impact; (8) recommends adoption.
Annex A
CHAPTER 147. SPECIAL PERMITS
Subchapter R. DEER CONTROL
POLITICAL SUBDIVISIONS, HOMEOWNERS ASSOCIATIONS AND NONPROFIT LAND-HOLDING ORGANIZATIONS § 147.322. Application for deer control permit.
(a) An application for a deer control permit shall be completed in conjunction with the Commission and submitted by an authorized officer or employee of the political subdivision, homeowners association or nonprofit land-holding organization in the form required by the Director and contain the information requested by the Director.
(b) An application for a deer control permit [shall] must contain the following information:
(1) A complete map showing the boundaries of the area being considered and indicating the land use within the area, cover types, huntable areas, damage areas, deer concentration areas, all safety zones and proposed control areas within the [municipal boundary] proposed boundaries.
(2) A deer management plan shall be submitted with each application which provides deer [density estimates] management goals and requesting the number of animals to be removed.
* * * * * (c) Public land within the proposed boundaries shall be open to lawful public hunting unless otherwise prohibited under this title or as otherwise authorized by the Director. Private land within the proposed boundaries may be closed to public hunting at the landowner's discretion. However, if closed, deer control activities may not occur thereon.
§ 147.324. Privileges authorized under the permit.
Deer [may] shall be taken:
(1) [Outside the established hunting seasons as set by the Commission in § 139.4 (relating to seasons and bag limits for the license year)] Regardless of age or sex.
(2) [Regardless of age or sex] From February 1 to September 30, unless otherwise authorized by the Director and listed on the permit.
(3) [From February 1 to September 30, unless otherwise authorized by the Director and listed on the permit] At any hour, day or night, and with or without an artificial light.
(4) [At any hour, day or night, and with or without an artificial light] With any lawful firearm for big game as described in section 2322(a) of the act (relating to prohibited devices and methods) or other device authorized by the Director and listed on the permit.
(5) [With any lawful firearm for big game as described in section 2322(a) of the act (relating to prohibited devices and methods)] Only in areas designated by the political subdivision, homeowners association or nonprofit land-holding organization.
[(6) Only in areas designated by the political subdivision.]
§ 147.325. Special conditions of permit.
* * * * * (b) Permits shall list the applicant's name, who shall be an authorized officer or [employe] employee of the political subdivision, homeowners association or nonprofit land-holding organization responsible for the activities conducted under this permit and list [not more than five subpermittees who shall be licensed hunters or law enforcement officers, or both] all subpermittees.
* * * * * (d) Unless otherwise exempted under this title, a permittee or subpermittee who engages in the taking of deer shall first apply for and receive a nuisance wildlife control operator permit as provided in Chapter 147, Subchapter T (relating to nuisance wildlife control operator).
[Pa.B. Doc. No. 08-1493. Filed for public inspection August 15, 2008, 9:00 a.m.]
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