PROPOSED RULEMAKING
[ 58 PA. CODE CH. 147 ]
Special Permits
[40 Pa.B. 6687]
[Saturday, November 20, 2010]To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its October 5, 2010, meeting, proposed to amend § 147.673 (relating to eligibility and application for DMAP) to require that public landowners provide approved management plans along with applications and also advance applications date 1 month.
The proposed rulemaking will not have an 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 October 5, 2010, meeting of the Commission. Comments can be sent until January 21, 2011, to the Director, Information and Education, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797.
1. Purpose and Authority
In April 2010, the Commission directed staff to review the Deer Management Assistance Program (DMAP) as it related to public landowners to enhance accountability for DMAP on public lands. Based upon this review, the Commission is proposing to amend § 147.673 to require that public landowners provide approved management plans along with applications. The Commission is also proposing to advance the application date 1 month earlier to allow staff adequate time to review and process DMAP applications in a timely manner, as well as notify applicants about permit availability prior to the issuance of regular antlerless licenses.
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 § 147.673 were proposed under this authority.
2. Regulatory Requirements
The proposed rulemaking will amend § 147.673 by replacing language to require that public landowners provide approved management plans along with applications and also advance the application date 1 month.
3. Persons Affected
Persons engaged in DMAP white-tailed deer control activities may be affected by the proposed rulemaking.
4. Cost and Paperwork Requirements
The proposed rulemaking will result in additional cost and paperwork associated with the review and approval of an increased volume of applications accompanied by an approved management plan. This increase in cost and paperwork will be minimal and should be covered by current budgets.
5. Effective Date
The proposed rulemaking will be effective upon final-form 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 R. Palmer, Director, Bureau of Wildlife Protection, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717) 783-6526.
CARL G. ROE,
Executive DirectorFiscal Note: 48-317. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 58. RECREATION
PART III. GAME COMMISSION
CHAPTER 147. SPECIAL PERMITS
Subchapter R. DEER CONTROL
DEER MANAGEMENT ASSISTANCE PROGRAM PERMITS § 147.673. Eligibility and application for DMAP.
(a) [Owners or lessees of private land, hunting clubs or authorized officers or employees of political subdivisions or governmental agencies shall apply for the DMAP in a manner and on a form required by the Director. Separate applications for DMAP areas will not be accepted for areas within 1 air mile of another area that is owned, leased or controlled by the same person, political subdivision or government agency without an approved management plan.
(1) Where material destruction of cultivated crops, fruit trees or vegetables by deer has been or can be documented, one DMAP harvest permit may be allocated for every 5 acres of land enrolled in the DMAP. On other lands one DMAP harvest permit will be allocated for every 50 acres enrolled in the DMAP. Additional DMAP harvest permits may be allocated dependent on current conditions relative to goals and objectives outlined in a Commission-approved management plan.
(b) Applications shall be submitted to a regional office by July 1 immediately preceding the first fall deer hunting season and shall include the name of the owner, lessee, political subdivision or government agency that is applying for the DMAP and the name and address of the person who will be the contact person for the DMAP as well as other information required on the application.
(1) An application for approval of a management plan that will allow the use of additional DMAP harvest permits on a designated land area shall contain the following information:
(i) A map showing the location and boundaries of the area and the county, township and Commission wildlife management unit the site is located in.
(ii) A description of the management are delineated on the map in subparagraph (i) including the size in acres, cover types (forested, nonforested), principle land uses, huntable areas and safety zones.
(iii) An explanation of the deer management goals and objectives for the area.
(iv) An explanation to substantiate why the person in control of the land wants to increase the harvest of antlerless deer by allowing the use of DMAP on the area. Area specific information shall be provided that supports the deer management goals and objectives.]
Owners or lessees of private land, hunting clubs or authorized officers or employees of political subdivisions or governmental agencies shall apply for the DMAP on a form provided by the Commission.
(1) Applications shall be submitted to a regional office by June 1 immediately preceding the first fall deer season and include the name of the owner, lessee, political subdivision or government agency that is applying for the DMAP and the name and address of the contact person for the DMAP as well as other information required on the application.
(2) One DMAP harvest permit will be allocated for every 5 acres of land enrolled in the DMAP where material destruction of cultivated crops, fruit trees or vegetables by deer has been or can be documented. One DMAP harvest permit will be allocated for every 50 acres of land enrolled in the DMAP for all other lands. Additional DMAP harvest permits may be allocated dependent on current conditions relative to goals and objectives outlined in a Commission-approved management plan.
(3) Applications will not be accepted for the following areas without an approved management plan:
(i) Areas within 1 air mile of another DMAP area that is owned, leased or controlled by the same person, political subdivision or governmental agency.
(ii) Areas owned or leased by a Federal agency, State agency or municipal political subdivision.
(iii) Areas with less than 5 acres of cultivated crops, fruit trees or vegetables, or less than 50 acres of other lands.
(b) Management plans must include at least the following information:
(1) A map showing the location and boundaries of the area and the county, township and Commission wildlife management unit the site is located in.
(2) A description of the management area delineated on the map in paragraph (1) including the size in acres, cover types (forested or nonforested), principle land uses, huntable areas and safety zones.
(3) An explanation of the deer management goals and objectives for the area.
(4) An explanation to substantiate why the person in control of the land wants to increase the harvest of antlerless deer by allowing the use of DMAP in the area. Area specific information shall be provided that supports the deer management goals and objectives.
* * * * *
[Pa.B. Doc. No. 10-2199. Filed for public inspection November 19, 2010, 9:00 a.m.]
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