PROPOSED RULEMAKING
[ 58 PA. CODE CH. 135 ]
Lands and Buildings; Pymatuning Wildlife Management Area
[47 Pa.B. 1475]
[Saturday, March 11, 2017]To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) proposed at its January 31, 2017, meeting to amend § 135.106 (relating to Pymatuning Wildlife Management Area) to establish new parameters for establishing and managing the Pymatuning Wildlife Management Area (PWMA) controlled deer hunt.
This proposed rulemaking will not have an adverse impact on the wildlife resources of this Commonwealth.
The authority for this proposed rulemaking is 34 Pa.C.S. (relating to Game and Wildlife Code) (code).
This proposed rulemaking was made public at the January 31, 2017, meeting of the Commission. Comments can be sent until March 24, 2017, to the Director, Information and Education, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797.
1. Purpose and Authority
Controlled deer hunts have been held at the PWMA (State Game Lands 214) since at least the 1970s. Over the years various formats have been used to manage the controlled deer hunts, including hunts during the regular firearms deer season, flintlock/archery hunts during the after-Christmas season and flintlock/archery hunts outside the regular seasons. Season lengths have also varied over the years ranging from hunts lasting 1 day to others lasting 5 days. The Commission has observed that the very limited time frame and extent of this hunting pressure within the PWMA coupled with the higher hunting pressure on surrounding areas outside of the PWMA has resulted in dramatic increases in deer populations during the fall. This increase in population, albeit temporary, has had a significant negative impact on the PWMA's existing habitat.
The PWMA controlled deer hunts have proven quite popular with hunters, with over 1,000 applications received every year. The prehunt influx and retention of higher deer populations is expected to be the cause of this popularity as hunters have regularly described abundant deer sightings. The Commission has observed that typical hunts in the PWMA result in low harvest, but high wounding loss, likely the result of the high hunting pressure in the area during the controlled deer hunt.
The Commission proposes to amend § 135.106 to establish new parameters for establishing and managing the PWMA controlled deer hunt. The goal of these proposed amendments is to provide a higher quality hunt for the participants of this limited program primarily by spreading the same number of hunters across a few weeks of the regularly established fall deer seasons rather than a few days. Hunting opportunities within the PWMA will be managed by a lottery process that is intended to more predictably and logically distribute hunting access to participants.
Section 721(a) of the code (relating to control of property) provides ''[t]he administration of all lands or waters owned, leased or otherwise controlled by the commission shall be under the sole control of the director, and the commission shall promulgate regulations. . .for its use and protection as necessary to properly manage these lands or waters.'' The amendments to § 135.106 are proposed under this authority.
2. Regulatory Requirements
This proposed rulemaking will amend § 135.106 to establish new parameters for establishing and managing the PWMA controlled deer hunt.
3. Persons Affected
Persons wishing to participate in the PWMA controlled deer hunt will be affected by this proposed rulemaking.
4. Cost and Paperwork Requirements
This proposed rulemaking should not result in additional cost or paperwork.
5. Effective Date
This 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 this 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: 48-411. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 58. RECREATION
PART III. GAME COMMISSION
CHAPTER 135. LANDS AND BUILDINGS
Subchapter F. SPECIAL WILDLIFE MANAGEMENT AREAS § 135.106. Pymatuning Wildlife Management Area.
(a) In addition to §§ 135.2 and 135.41 (relating to unlawful actions; and State game lands) and this subchapter, the following pertain to the Pymatuning Wildlife Management Area:
(1) Entering, hunting or trapping on the controlled goose and duck areas is by permit only.
(2) Waterfowl hunting is permitted Monday, Wednesday, Friday and Saturday. [Starting time shall conform with State and Federal regulations. Shooting ends at 12:30 p.m.]
(3) Hunting shall conform to the legal hunting hours in § 141.4 and Chapter 141, Appendix G (relating to hunting hours), except legal hunting hours for waterfowl hunting ends each open day at 12:30 p.m.
(b) The following apply to reservations for the controlled duck hunting area:
(1) Reservations will be made on each designated shooting day at the registration center. Hunting is limited to 85 hunters at one time on the [two] 2 areas combined. Reservations will be issued on a first-come, first served basis if there are 85 hunters or less applying at the registration center and 1 1/2 hours prior to the opening hunting hour. If there are more than 85 applicants present, a drawing will be held to determine to whom the 85 permits are issued.
(2) Permits returned to the registration center prior to 10 a.m. may be released to another applicant.
(c) The following apply to the controlled duck hunting areas:
(1) Ducks, coots and mergansers are the only legal game; taking other wild birds or mammals is prohibited, except by permit issued by the Director or a designee.
(2) A hunter shall [display] possess on his person the identification tag furnished by the Commission while on the areas. The identification tag is valid for entry upon the area indicated on the tag. Entry upon another area is prohibited. Identification tags shall be returned to the registration center at check-out time.
[(3) Boats without motors are permitted on controlled duck areas.
(d) The following apply to special hunts on the controlled area:
(1) Special deer hunts will be by permit only, limited to archery and muzzleloading firearms.
(2) Notwithstanding the provisions in § 135.161(2)(relating to Commission-owned or leased lands or waters), the Executive Director may designate dates for deer hunting outside of established seasons and bag limits.
(3) A drawing of applications to determine successful hunters will be held at the Pymatuning Wildlife Management Area headquarters on a date and time designated by the Executive Director or a designee.
(4) Applications will be received at the area headquarters no later than the close of business of the day prior to the date and time of the drawing.
(5) One official application per person to hunt deer on the controlled area may be submitted each license year. Anyone submitting more than one application for a permit will have all applications rejected. The application shall contain archery or muzzleloading license stamp numbers.
(6) The number of permits to be drawn shall be set by the Executive Director or a designee prior to the drawing.
(7) If a successful applicant does not appear to claim a reservation on the day assigned, prior to the opening hunting hour, the permit becomes invalid and is not transferable.
(8) A successful hunter shall submit a harvested deer for examination to the management area headquarters on the date of the permit, no later than 1 hour after the daily closing of hunting hours.
(9) Unsuccessful hunters shall return the permit to the management area headquarters on the date of the permit, no later than 1 hour after the daily closing of hunting hours.
(10) Hunters participating in the special archery and muzzleloading hunts inside the controlled area shall wear a minimum of 250 square inches of fluorescent orange-colored material on the head, back and chest combined.]
(d) The following apply to special deer hunts within the Pymatuning Wildlife Management Area:
(1) Authority to establish special hunt. The Director may authorize special deer hunts within the Pymatuning Wildlife Management Area by permit. The Director will establish the number of access permits to be issued and designate the one or more hunt zones within the controlled area prior to the opening of the earliest established deer season.
(2) Permit authorization. During any year the Director authorizes a special deer hunt within the Pymatuning Wildlife Management Area, permitted hunters are eligible to access the controlled area to hunt deer during any applicable antlered or antlerless deer season established in § 139.4 (relating to seasons and bag limits for the license year) using valid antlered and antlerless licenses and harvest tags issued to them. Notwithstanding § 135.161(2) (relating to Commission-owned or leased), the Executive Director may designate dates for deer hunting outside of established seasons and bag limits within the controlled area as authorized by § 139.3 (relating to authority to alter seasons and bag limits).
(3) Applications. An individual possessing a valid hunting license for the current license year may submit a maximum of one application per year to participate in a special deer hunt within the Pymatuning Wildlife Management Area. Applications must include the applicant's name, address, date of birth, Commission-issued Customer Identification Number and any other information required by the Commission. Applicants shall submit completed applications in the manner directed by the Director or a designee. Incomplete, illegible or duplicate applications will not be included in the drawing.
(4) Drawing. The Director or a designee will establish the application deadline and the date, time and location for the random drawing of applications for the issuance of special deer hunt permits within the Pymatuning Wildlife Management Area. Special deer hunt access permits are not transferrable.
(5) Hunting hours and duration of access limited. Hunting during the special deer hunt shall conform to the legal hunting hours in § 141.4 and Chapter 141, Appendix G, except legal hunting hours for deer begins each open day at 12:30 p.m. Permittees may access the controlled area no sooner than the start of legal hours and all permittees shall vacate the controlled area within 1 hour after the close of hunting hours. Entering or remaining in the controlled area after this period shall be authorized in advance by the Commission after a report is made to the Commission's Northwest Regional Office.
(6) Access to controlled area limited. A permittee may enter and hunt deer only within the hunt zone or hunt zones designated by his permit. Entry into other hunt zones or areas outside of the hunt zones to pursue a wounded deer shall be authorized in advance by the Commission after a report is made to the Commission's Northwest Regional Office.
(7) Parking. A permittee shall park only in assigned parking areas and shall display the provided parking placard on the dashboard of the vehicle in a manner that allows it to be read from the exterior of the vehicle.
(8) Reporting. A permittee that successfully harvests a deer during the special deer hunt shall report the harvest to the Commission within 10 days of the kill by completing the report card supplied with the special deer hunt permit for reporting deer killed and mail the report card to the Pymatuning Wildlife Management Area in Hartstown, PA, or by any other method designated by the Director.
(9) Violations. A person violating any requirement or restriction established within this section may be prosecuted under section 721 of the act (relating to control of property) or other applicable provision of the act and, upon conviction, be sentenced to pay the fine prescribed in the act. Furthermore, the Director may deny, revoke or suspend a permit for any violation of the requirements of this subchapter upon written notice to the permittee.
[Pa.B. Doc. No. 17-416. Filed for public inspection March 10, 2017, 9:00 a.m.]
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