PROPOSED RULEMAKING
GAME COMMISSION
[ 58 PA. CODE CH. 147 ]
Deer Control; Eligibility and Application for Deer Management Assistance Program
[45 Pa.B. 4918]
[Saturday, August 22, 2015]To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) proposed at its June 30, 2015, meeting to amend § 147.673 (relating to eligibility and application for DMAP) to allow the Commission to assess Deer Management Assistance Program (DMAP) coupon allocations for political subdivision or government agency applicants at individual and distinct DMAP units to less than 15,000 acres each and also assess DMAP coupons to these applicants based upon current conditions relative to goals and objectives outlined in an approved management plan.
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 June 30, 2015, meeting of the Commission. Comments can be sent until September 25, 2015, to the Director, Information and Education, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797.
1. Purpose and Authority
The Commission is statutorily tasked with managing the Commonwealth's white-tailed deer herds on behalf of citizens in this Commonwealth. To accomplish this task, the Commission allocates antlerless deer licenses across this Commonwealth among the various wildlife management units to utilize hunter harvest as the primary management tool of white-tailed deer. These allocations are adjusted each year to allow the deer herd to grow, stabilize or decrease, and are based on the best available science and in consideration of the broad and disparate interests of various stakeholders in this Commonwealth. However, this system is primarily focused on addressing deer management at the landscape level.
In 2003, DMAP was first established to provide both public and private landowners with an additional tool for the management of local white-tailed deer herds on lands where excessive deer numbers have compromised the landowners' land uses and other interests. DMAP was specifically designed as a strategic tool to deal with localized land issues not larger landscape problems. However, a growing voice of hunters have recently raised concerns that DMAP may be excessively impacting local white-tailed deer herds, especially on State-owned lands, as evidenced by a lack of deer sightings.
Regulatory changes allow the Commission to closely monitor and make necessary changes when alignment of local deer management goals using DMAP are not in alignment with the Commission's mandate to effectively manage the deer in a responsible and appropriate manner. The Commission is proposing to amend § 147.673 to allow the Commission to assess DMAP coupon allocations for political subdivision or government agency applicants at individual and distinct DMAP units to less than 15,000 acres each and also assess DMAP coupons to these applicants based upon current conditions relative to goals and objectives outlined in an approved management plan.
By limiting the extent of DMAP units on public lands to less than 15,000 acres each, political subdivision or government agency landowner applicants will be asked to narrow the focus of DMAP programs to areas in greater need of this tool in an effort to manage deer populations at a more distinct local level. Furthermore, political subdivision or government agency landowner applicants will be issued DMAP coupons in numbers that are consistent with current conditions relative to goals and objectives outlined in an approved management plan and without a guaranteed minimum allocation. The proposed amendments better allow the Commission to manage the white-tailed deer herd to best meet landowner needs, hunter desires and citizens' interests.
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 are proposed under this authority.
2. Regulatory Requirements
The proposed rulemaking will amend § 147.673 to allow the Commission to assess DMAP coupon allocations for political subdivision or government agency applicants at individual and distinct DMAP units to less than 15,000 acres each and also assess DMAP coupons to these applicants based upon current conditions relative to goals and objectives outlined in an approved management plan.
3. Persons Affected
Political subdivision or government agency applicants wishing to participate in the DMAP program will be affected by the proposed rulemaking.
4. Cost and Paperwork Requirements
The proposed rulemaking may result in a minor increase in paperwork and cost for political subdivision or government agency DMAP applicants and the Commission due to the likelihood of a slight increase in the number of DMAP applications resulting from addition of the 15,000-acre cap for each permit application. However, the Commission determined that this increase will be nominal and addressed by current budget and staffing allocations.
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: 48-385. 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) Eligibility. Owners or lessees of private land, hunting clubs or authorized officers or employees of political subdivisions or government agencies [shall apply for the DMAP on a form provided by the Commission] are eligible to make application for a DMAP.
(1) Applications shall be submitted on a form provided by the Commission to a regional office by May 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)] (2) 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 plan criteria. 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.
(c) Allocation of harvest permits.
(1) Private land and hunting clubs. Owners or lessees of private land and hunting clubs will be allocated one DMAP coupon for every 50 acres of land enrolled in DMAP. This allocation may be increased to one DMAP coupon for every 5 acres of land enrolled in the DMAP if an applicant can document sufficient proof of material destruction of cultivated crops, fruit trees or vegetables by deer. The Commission may issue additional DMAP coupons to applicants at its discretion if current conditions relative to goals and objectives outlined in an approved management plan support escalation.
(2) Public land. The Commission may issue DMAP coupons to political subdivision or government agency landowner applicants at its discretion based upon current conditions relative to goals and objectives outlined in an approved management plan. Allocations for political subdivision or government agency applicants will be assessed for individual and distinct DMAP units no greater than 15,000 acres each.
[(c)] (d) Designation of location and boundaries. Upon approval of the application, the location and boundaries of the area shall be designated in a manner approved by the Commission.
[(d) Approved applicants will receive one coupon for each DMAP permit the DMAP area is entitled to.]
(e) Availability of harvest permits through authorized issuing agents. In DMAP areas designated by the Director, DMAP harvest permits may be made available directly through authorized issuing agents without coupons being issued.
[Pa.B. Doc. No. 15-1537. Filed for public inspection August 21, 2015, 9:00 a.m.]
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