PROPOSED RULEMAKING

[ 58 PA. CODE CH. 147 ]

Special Permits; Application for Agriculture Deer Control Permits

[42 Pa.B. 3270]
[Saturday, June 9, 2012]

 To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) proposed at its April 24, 2012, meeting to amend § 147.552 (relating to application) to replace the reference to ''wildlife management units 5C and 5D'' with the more appropriate reference to ''the southeast special regulations areas.''

 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 April 24, 2012, meeting of the Commission. Comments can be sent, until June 22, 2012, to the Director, Bureau of 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. On February 1, 2011, the Commission amended § 147.552 and § 147.556 (relating to lawful devices and methods) to create a focused, limited authorization permitting the baiting of white-tailed deer in wildlife management units (WMU) 5C and 5D on approved properties enrolled in the ''Red Tag'' program. The Commission's reference to WMUs 5C and 5D was in error as this geographical reference is not compatible with the term ''special regulations areas'' as referenced in section 2308(b)(2)(iii) of the act (relating to unlawful devices and methods) and described in § 141.1(b) (relating to special regulations areas). The Commission is proposing to amend § 147.552 to replace the reference to ''wildlife management units 5C and 5D'' with the more appropriate reference to the ''southeast special regulations areas.''

 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 § 147.552 are proposed under this authority.

2. Regulatory Requirements

 The proposed rulemaking will amend § 147.552 to replace the reference to ''wildlife management units 5C and 5D'' with the more appropriate reference to the ''southeast special regulations areas.''

3. Persons Affected

 Persons wishing to hunt white-tailed deer through the use of bait on approved red tag properties will 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 Director

 Fiscal Note: 48-343. 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] the southeast special regulations areas 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.

[Pa.B. Doc. No. 12-1048. Filed for public inspection June 8, 2012, 9:00 a.m.]

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