PROPOSED RULEMAKING
[ 58 PA. CODE CHS. 141 AND 147 ]
Hunting and Trapping; Special Permits
[45 Pa.B. 1371]
[Saturday, March 21, 2015]To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its January 27, 2015, meeting proposed to amend §§ 141.1 and 147.681—147.683 to expand the Commission's limited baiting authorization by allowing use of the deer attractant permit on township and municipal property.
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 January 27, 2015, meeting of the Commission. Comments can be sent until April 6, 2015, to the Director, Information and Education, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797.
1. Purpose and Authority
Currently, the deer attractant permit is only available for use on private property located within the southeast special regulations area. The Commission is proposing to amend §§ 141.1 and 147.681—147.683 to expand the Commission's limited baiting authorization by allowing use of the deer attractant permit on township and municipal property.
Section 2102(a) of the code (relating to regulations) provides that ''[t]he 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 §§ 141.1 and 147.681—147.683 are proposed under this authority.
2. Regulatory Requirements
The proposed rulemaking will amend §§ 141.1 and 147.681—147.683 to expand the Commission's limited baiting authorization by allowing use of the deer attractant permit on township and municipal property.
3. Persons Affected
Persons wishing to hunt white-tailed deer in the southeast special regulations area 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 Thomas P. Grohol, Director, Bureau of Wildlife Protection, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717) 783-6526.
R. MATTHEW HOUGH,
Executive DirectorFiscal Note: 48-377. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 58. RECREATION
PART III. GAME COMMISSION
CHAPTER 141. HUNTING AND TRAPPING
Subchapter A. GENERAL § 141.1. Special regulations areas.
* * * * * (d) Permitted acts. It is lawful to:
* * * * * (7) Hunt or take deer in the southeast special regulations area during regular open hunting seasons for white-tailed deer through the use of or by taking advantage of bait on private, township or municipal property only under a deer attractant permit issued under Chapter 147, Subchapter R (relating to deer control).
CHAPTER 147. SPECIAL PERMITS
Subchapter R. DEER CONTROL
DEER ATTRACTANT PERMIT § 147.681. Purpose.
The purpose of §§ 147.682—147.687 is to authorize eligible persons to hunt through the use of or otherwise take advantage of approved bait to enhance the harvest rate of white-tailed deer on private, township or municipal property within the southeast special regulations area where traditional hunting and deer control methods have proven ineffective in controlling local deer populations.
§ 147.682. Permit eligibility and use.
(a) Application. Deer attractant permits may be issued to private, township or municipal landowners [or their agents] who have suffered material damage to their real property in the southeast special regulations area by white-tailed deer. Permits will be made available through a system established by the Director.
* * * * * § 147.683. Operation.
A deer attractant permit issued under this subchapter authorizes landowners or persons they permit to hunt on their property, or both, to hunt through the use of or otherwise take advantage of approved bait for the purpose of enhancing the harvest rate of white-tailed deer. This authorization is subject to the following conditions:
* * * * * (7) A person engaging in privileges authorized by a deer attractant permit shall possess a copy of the permit on their person at all times while exercising the permit privileges and while maintaining the bait site and shall produce the permit upon demand of a landowner upon whose land that person may be occupying or to an officer whose duty it is to enforce this title.
* * * * *
[Pa.B. Doc. No. 15-504. Filed for public inspection March 20, 2015, 9:00 a.m.]
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