PROPOSED RULEMAKING
GAME COMMISSION
[ 58 PA. CODE CH. 139 ]
Seasons and Bag Limits; Private Property Coupons
[40 Pa.B. 4390]
[Saturday, August 7, 2010]To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) proposed, at its June 29, 2010, meeting, to amend § 139.4 (relating to seasons and bag limits for the license year) to reinstate 2,761 coupons on private land that would otherwise be denied.
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 29, 2010, meeting of the Commission. Comments can be sent until August 16, 2010, to the Director, Information and Education, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797.
1. Purpose and Authority
The Commission is required to set hunting and furtaking seasons and bag limits on an annual basis. For the 2010-2011 seasons, the number of Deer Management Assistance Program permits was capped at the 2009-2010 totals within each wildlife management unit without further action by the Board. The Board subsequently learned that applying this cap would result in 2,761 coupons not being issued for private property that is not enrolled in the Commission's Public Access programs. After public comment, the Commission determined it was never its intent to take action that would result in these 2,761 coupons not being issued. This proposed rulemaking is to reinstate those coupons that would otherwise be denied.
Section 322(c)(1) of the code (relating to powers and duties of commission) specifically empowers the Commission to ''fix seasons, daily shooting or taking hours, and any modification thereof, and daily, season and possession limits for any species of game or wildlife.'' Section 2102(b)(1) of the code authorizes the Commission to ''promulgate regulations relating to seasons and bag limits for hunting or furtaking. . . .'' The amendments to § 139.4 were proposed under this authority.
2. Regulatory Requirements
The proposed rulemaking amends § 139.4 by establishing when and where it is lawful to hunt deer and also place limits on the numbers that can be legally taken during the 2010-2011 license year.
3. Persons Affected
Persons wishing to hunt deer within this Commonwealth during the 2010-2011 license year may be affected by the proposed rulemaking.
4. Cost and Paperwork Requirements
The proposed rulemaking should not result in additional cost or paperwork.
5. Effective Date
The proposed rulemaking will be effective upon 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: 48-310. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 58. RECREATION
PART III. GAME COMMISSION
CHAPTER 139. SEASONS AND BAG LIMITS § 139.4. Seasons and bag limits for the license year.
(SEASONS AND BAG LIMITS TABLE)
2010-2011 OPEN HUNTING AND FURTAKING SEASONS, DAILY LIMIT,
FIELD POSSESSION LIMIT AND SEASON LIMIT
OPEN SEASON INCLUDES FIRST AND LAST DATES LISTED* * * * *
November 2010 Elk License Allocations
Elk Hunt Zones License Type Antlered Antlerless 1 Open Open 2 2 6 3 2 4 4 2 2 5 0 0 6 0 0 7 3 8 8 2 6 9 3 5 10 3 2 Subtotal:
17 33 Total Allocations:
50
2010 Antlerless Deer Allocations
Wildlife Management
Units (WMUs)2010 Allocations 1A 42,000 1B 28,500 2A 55,000 2B 68,000 2C 44,100 2D 50,400 2E 21,000 2F 25,200 2G 26,000 3A 26,000 3B 35,000 3C 27,000 3D 33,300 4A 29,000 4B 23,000 4C 35,000 4D 32,000 4E 27,000 5A 19,000 5B 51,000 5C 122,000 5D 22,000 Total Allocations:
841,500 The antlerless allocation as approved for each WMU for the 2010-2011 seasons shall be automatically reduced by the number of DMAP permits issued in that WMU for the 2009-2010 seasons and the DMAP permits issued for the 2010-2011 seasons shall not exceed the 2009-2010 totals in each said WMU without further action by this Board. Except that the Board reinstates 2,761 coupons on private land that would otherwise be denied.
[Pa.B. Doc. No. 10-1430. Filed for public inspection August 6, 2010, 9:00 a.m.]
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