PROPOSED RULEMAKING
[ 58 PA. CODE CH. 147 ]
Special Permits
[39 Pa.B. 2813]
[Saturday, June 6, 2009]To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) proposed the following rulemaking at its April 21, 2009, meeting:
Amend § 147.142 (relating to possession of wildlife accidentally killed by a motor vehicle) to expand the section's coverage to apply to wildlife disposition generally under a consumption permit.
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 21, 2009, meeting of the Commission. Comments can be sent to the Director, Information and Education, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, until July 3, 2009.
1. Purpose and Authority
The code and its attendant regulations limit the circumstances in which residents of this Commonwealth may possess and consume the edible portions of game or wildlife to the current eligibility criteria of § 147.142. There are no provisions for other circumstances, including, but not limited to, mistake kills, agricultural or property protection kills and illegal kills. Despite this absence of a specific permit classification, the Commission has found pragmatic approaches to informally authorize the possession and consumption of the edible portions of the applicable game or wildlife to make legitimate use of these valuable wildlife resources. The Commission has determined that it has become necessary to more formally and clearly define and implement a permitting process by which these distributions should occur. The Commission is proposing to amend § 147.142 to expand the section's coverage to apply to wildlife disposition generally under a consumption permit.
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.'' The amendments to § 147.142 were proposed under this authority.
2. Regulatory Requirements
The proposed rulemaking will amend § 147.142 by expanding the section's coverage to apply to wildlife disposition generally under a consumption permit.
3. Persons Affected
Persons wishing to posses and consume the edible portions of game or wildlife killed by means other than lawful hunting or trapping 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: 48-289. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 58. RECREATION
PART III. GAME COMMISSION
CHAPTER 147. SPECIAL PERMITS
Subchapter H. PROTECTED SPECIMEN § 147.142. [Possession of wildlife accidentally killed by a motor vehicle] Wildlife disposition.
[(a) A resident of this Commonwealth may immediately take possession of a deer accidentally killed on the highway and transport it to a place of safekeeping within this Commonwealth. The person taking possession shall contact a regional office or a local Commission officer, for a permit number within 24 hours after having taken possession of the deer. The permit number shall be considered a valid permit for the purposes of the act and this part and shall be valid for a period not to exceed 120 days from the date of issuance. The whole or any part of the deer may not be given to any person nor may any edible part be removed from the recipient's place of residence. The recipient may not sell or transfer the hide to another party except the hide may be given to the deer processor. Unused parts of the deer must be disposed of lawfully.
(b) Holders of a valid furtakers license may take possession of a furbearer, except river otters, bobcats and fishers, accidentally killed on the highway. Persons taking possession of any furbearer under this section during the closed season for taking that furbearer shall within 24 hours contact any Commission regional office to make notification of said possession.
(c) It is unlawful:
(1) To possess a deer accidentally killed on the highway for more than 24 hours without applying for a permit number.
(2) To give the whole or an edible part of a deer to a person.
(3) To fail to comply with one or more conditions of the permit.
(4) For a nonresident to possess a deer accidentally killed on the highway.
(5) To possess a furbearer accidentally killed on the highway during the closed season for more than 24 hours without notifying the Commission.
(6) To possess a river otter, bobcat or fisher accidentally killed on the highway, unless otherwise permitted by the Commission.
(d) This section is not applicable under circumstances when a person is charged with violating another statute or regulation involving deer or furbearers. This section may not be used nor will it be accepted as a defense in a legal proceeding involving these cases.
(e) This section may not be construed in any manner to limit lawful possession of furbearers under § 147.141 (relating to sale of wildlife and wildlife parts).]
(a) Consumption permit. The Commission, in its sole discretion, may issue a consumption permit to a resident of this Commonwealth to authorize the possession and consumption of the edible portions of any game or wildlife carcass. A permit issued under this subsection will be valid for a period not to exceed 120 days from the date of issuance. The whole or any part of any game or wildlife possessed under this subsection may not be transferred to another person nor may any edible portion be removed from the possessor's place of residence for any purpose other than processing. Inedible portions of any game or wildlife possessed under this subsection shall be surrendered to the Commission or disposed of in a manner directed by the Commission.
(1) General procedures. Except as otherwise provided in paragraph (2), a person shall contact the Commission to obtain a paper consumption permit prior to taking possession of the carcass of any game or wildlife.
(2) Special procedures for deer and turkey accidentally killed by a motor vehicle. A person is authorized to take immediate possession of the carcass of a deer or turkey evidently killed accidentally by a motor vehicle and transport it to a place of safekeeping within this Commonwealth. A person taking possession of a deer or turkey carcass under this paragraph shall contact the Commission to obtain a permit number within 24 hours after having taken possession of the deer or turkey carcass. The issued permit number itself shall be considered a valid permit for the purposes of authorizing the continued possession of the edible portions of the deer or turkey carcass.
(b) Furbearing species accidentally killed by a motor vehicle. A person holding a valid Pennsylvania furtaker's license is authorized to take immediate possession of and utilize the edible and inedible portions of any furbearer, except river otters, bobcats and fishers, evidently killed accidentally by a motor vehicle. Any person taking possession of any furbearer under this subsection during the closed season for the taking of same shall contact the Commission to make notification of the possession within 24 hours.
(c) Unlawful acts. It is unlawful to:
(1) Possess the whole or any part of any wildlife without receiving any required permit, making any required notification or meeting any applicable eligibility standards within any applicable time restrictions.
(2) Fail to surrender the inedible portions of any game or wildlife possessed under the authorizations of subsection (a) to the Commission or to dispose of the same in the manner directed by the Commission.
(3) Violate other provisions of this section.
(d) Inapplicability. This section does not limit the lawful possession of the whole or any part of any wildlife that is otherwise authorized by § 147.141 (relating to the sale of wildlife and wildlife parts).
[Pa.B. Doc. No. 09-1027. Filed for public inspection June 5, 2009, 9:00 a.m.]
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