PROPOSED RULEMAKING
[ 58 PA. CODE CH. 147 ]
Special Permits; White-Tailed Deer
[40 Pa.B. 6689]
[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 §§ 147.552 and 147.556 (relating to application; and lawful devices and methods) to create a focused, limited authorization permitting the baiting of white-tailed deer in wildlife management units (WMUs) 5C and 5D on approved properties enrolled in the Red Tag Program.
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
On March 31, 2010, the Commission's 3-year evaluation of the effectiveness of a broad scale and widely accessible authorization permitting the baiting of white-tailed deer across the southeast special regulations areas expired. The Commission's final review of the baiting authorization generally concluded that broad scale and widely accessible baiting did not establish viable increases in harvest rates to justify an extension of the experimental program. In furtherance of the Commission's continuing efforts to find effective tools to manage the population on agriculture lands in this Commonwealth, the Commission is proposing to amend §§ 147.552 and 147.556 to create a focused, limited authorization permitting the baiting of white-tailed deer in WMUs 5C and 5D on approved properties enrolled in the Red Tag Program.
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 §§ 147.552 and 147.556 were proposed under this authority.
2. Regulatory Requirements
The proposed rulemaking will amend §§ 147.552 and 147.556 by adding language to create a focused, limited authorization permitting the baiting of white-tailed deer in WMUs 5C and 5D on approved properties enrolled in the Red Tag Program.
3. Persons Affected
Persons engaged in Red Tag white-tailed deer control activities in WMUs 5C and 5D 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 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: 48-316. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 58. RECREATION
PART III. GAME COMMISSION
CHAPTER 147. SPECIAL PERMITS
Subchapter R. DEER CONTROL
AGRICULTURE § 147.552. Application.
* * * * * (d) Applicants from wildlife management units 5C and 5D only may be eligible to obtain approval to engage in limited baiting activities to enhance deer control activities on their properties. Approval will be based solely upon an applicant's demonstrable need for a baiting authorization as evidenced by written justifications or other evidence submitted on or in addition to the application at the time of application or renewal.
§ 147.556. Lawful devices and methods.
[A permittee may restrict the type of firearm or bow used to take deer on lands under the permittee's ownership or control, or both. Devices used shall be in compliance with the act and this title as applicable.]
(a) Devices. Subpermittees are authorized to hunt and take deer with firearms, bows and crossbows as may be authorized for hunting deer during the regular firearms deer season as provided in the act and § 141.43 (relating to deer).
(b) Methods. Subpermittees operating under the authority of a permit with an approved baiting authorization are authorized to hunt or take deer through the use of or by taking advantage of bait subject to the following limitations:
(1) This authorization applies to private lands in wildlife management units 5C and 5D only.
(2) Bait may be placed or distributed 2 weeks prior to the validity period of the deer control permit through the close of the validity period as established in § 147.553 (relating to permit).
(3) Bait accumulation in any one location may not exceed 5 gallons total volume at any given time.
(c) Further restrictions. A permittee may further restrict the use of devices and methods authorized under this section on lands under the permittee's ownership or control, or both.
[Pa.B. Doc. No. 10-2201. Filed for public inspection November 19, 2010, 9:00 a.m.]
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