PROPOSED RULEMAKING
GAME COMMISSION
[ 58 PA. CODE CH. 147 ]
Deer Control; Political Subdivisions
[46 Pa.B. 2678]
[Saturday, May 28, 2016]To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) proposed at its April 5, 2016, meeting to amend § 147.322 (relating to application for deer control permit) to provide greater emphasis on the importance of the use of public hunting as a prerequisite consideration in the deer control permit application and approval process.
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 5, 2016, meeting of the Commission. Comments can be sent until July 8, 2016, to the Director, Information and Education, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797.
1. Purpose and Authority
Section 103 of the code (relating to ownership, jurisdiction and control of game and wildlife) mandates that the Commission utilize hunting and trapping as the primary method of effecting necessary management of game, furbearer and wildlife populations. The Commission is proposing to amend § 147.322 to provide greater emphasis on the importance of the use of public hunting as a prerequisite consideration in the deer control permit application and approval process.
Section 2901(b) of the code (relating to authority to issue permits) provides that ''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 § 147.322 are proposed under this authority.
2. Regulatory Requirements
The proposed rulemaking will amend § 147.322 to provide greater emphasis on the importance of the use of public hunting as a prerequisite consideration in the deer control permit application and approval process.
3. Persons Affected
Political subdivision or government agency applicants wishing to participate in the Commission's deer control permit program 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 Thomas P. Grohol, Director, Bureau of Wildlife Protection, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717) 783-6526.
R. MATTHEW HOUGH,
Executive DirectorFiscal Note: 48-397. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 58. RECREATION
PART III. GAME COMMISSION
CHAPTER 147. SPECIAL PERMITS
Subchapter R. DEER CONTROL
POLITICAL SUBDIVISIONS § 147.322. Application for deer control permit.
(a) An application for a deer control permit shall be completed [in conjunction with the Commission] and submitted by an authorized officer or employee of the political subdivision, homeowners association or nonprofit land-holding organization in the form and manner required by the Director [and contain the information requested by the Director].
(b) An application for a deer control permit must contain the following information:
[(1) A complete map showing the boundaries of the area being considered and indicating the land use within the area, cover types, huntable areas, damage areas, deer concentration areas, all safety zones and proposed control areas within the proposed boundaries.
(2) A deer management plan shall be submitted with each application which provides deer management goals and requesting the number of animals to be removed.
(3) Each application shall substantiate the background and scope of the deer problem and include alternative approaches to the problem and propose what action is recommended to be taken under the permit.]
(1) Description. A comprehensive description of the background and scope of the white-tailed deer population or damage problem, or both. The description must include a report of all alternative solutions or other steps taken by the applicant to mitigate the white-tailed deer population or damage problem, or both, prior to application for this permit and must specifically define how licensed public hunting for white-tailed deer has been utilized in the problem area and what results hunting activities have had on the population or damage problem, or both.
(2) Deer management plan. A comprehensive deer management plan which sets forth the applicant's white-tailed deer management goals, recommended implementation plan and a reference to the specific number of animals sought to be removed. The applicant shall specifically define how licensed public hunting for white-tailed deer will be utilized in the problem area during the term of the requested deer control permit.
(3) Map.
(i) A map or set of maps showing the proposed project area and its boundaries and clearly illustrating all of the following distinct features and areas within the proposed project area:
(A) Land uses.
(B) Cover types.
(C) Areas open to public hunting for white-tailed deer.
(D) Areas damaged by white-tailed deer.
(E) Areas of white-tailed deer congregation.
(F) Applicable safety zones.
(G) Proposed white-tailed deer control areas.
(ii) The map must indicate the individual acreage values for each of the listed features and acres.
(c) Public land within the proposed boundaries shall be open to lawful public hunting unless otherwise prohibited under this title or as otherwise authorized or waived by the Director. Private land within the proposed boundaries may be closed to public hunting at the landowner's discretion. However, if closed, deer control activities may not occur thereon.
[Pa.B. Doc. No. 16-906. Filed for public inspection May 27, 2016, 9:00 a.m.]
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