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PA Bulletin, Doc. No. 16-1429

RULES AND REGULATIONS

GAME COMMISSION

[ 58 PA. CODE CH. 147 ]

Deer Control; Political Subdivisions

[46 Pa.B. 5086]
[Saturday, August 20, 2016]

 To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its July 19, 2016, meeting, amended § 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 final-form rulemaking will not have an adverse impact on the wildlife resources of this Commonwealth.

 The authority for the final-form rulemaking is 34 Pa.C.S. (relating to Game and Wildlife Code) (code).

 Notice of proposed rulemaking was published at 46 Pa.B. 2678 (May 28, 2016).

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 amends § 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 adopted under this authority.

2. Regulatory Requirements

 The final-form rulemaking amends § 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 final-form rulemaking.

4. Comment and Response Summary

 There were no official comments received regarding the final-form rulemaking.

5. Cost and Paperwork Requirements

 This final-form rulemaking should not result in additional cost or paperwork.

6. Effective Date

 This final-form rulemaking will be effective upon publication in the Pennsylvania Bulletin and will remain in effect until changed by the Commission.

7. Contact Person

 For further information regarding the final-form rulemaking, contact Thomas P. Grohol, Director, Bureau of Wildlife Protection, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717) 783-6526.

Findings

 The Commission finds that:

 (1) Public notice of intention to adopt the administrative amendments adopted by this order has been given under sections 201 and 202 of the act of July 31, 1968 (P.L. 769, No. 240) (45 P.S. §§ 1201 and 1202) and the regulations thereunder, 1 Pa. Code §§ 7.1 and 7.2.

 (2) The adoption of the amendments of the Commission in the manner provided in this order is necessary and appropriate for the administration and enforcement of the authorizing statute.

Order

 The Commission, acting under the authorizing statute, orders that:

 (a) The regulations of the Commission, 58 Pa. Code Chapter 147, are amended by amending § 147.322 to read as set forth at 46 Pa.B. 2678.

 (b) The Executive Director of the Commission shall certify this order and 46 Pa.B. 2678 and deposit them with the Legislative Reference Bureau as required by law.

 (c) This order shall become effective upon final-form publication in the Pennsylvania Bulletin.

R. MATTHEW HOUGH, 
Executive Director

 Fiscal Note: Fiscal Note 48-397 remains valid for the final adoption of the subject regulation.

[Pa.B. Doc. No. 16-1429. Filed for public inspection August 19, 2016, 9:00 a.m.]


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