PROPOSED RULEMAKING
[ 58 PA. CODE CH. 147]
Special Permits; Pheasant Permit
[47 Pa.B. 1492]
[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 add Chapter 147, Subchapter Q (relating to pheasant permit) to define and implement the Pheasant Hunting Permit Program in this Commonwealth and provide for the issuance of hunting permits authorizing eligible individuals to hunt pheasants during applicable pheasant hunting seasons.
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
Pheasant hunting in this Commonwealth has relied entirely upon stocking of farm-raised pheasants during the past 20—30 years subsequent to disappearance of the wild pheasant population in this Commonwealth. Four pheasant farms operated by the Commission have historically produced about 200,000 pheasants per year. This program is popular and has many values related to hunter recruitment/retention/reactivation as well as providing an upland game bird hunting opportunity at a time when wild upland game bird populations are gone or in serious decline. However, the pheasant program has been costing the Commission about $4.7 million per year with no fee mechanism established to sustain the program. Recent budget pressures caused by increases in personnel benefit costs and declines in revenue have forced the Commission to initiate cost cutting measures including closure of two of the four pheasant farms. These closures are estimated to save $1.7 million per year while changes in operations are being implemented to further reduce costs while minimizing adverse impacts on the bird quality and quantity. The Commission is proposing to add Chapter 147, Subchapter Q to define and implement the Pheasant Hunting Permit Program in this Commonwealth and provide for the issuance of hunting permits authorizing eligible individuals to hunt pheasants during applicable pheasant hunting seasons. Adoption of the proposed pheasant hunting permit at cost of $25 for adults is projected to produce about $1.5 million of new revenue. Adoption of this pheasant stamp would make the program more self-sufficient and help ensure the future of pheasant hunting in this Commonwealth.
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.'' Chapter 147, Subchapter Q is proposed under this authority.
2. Regulatory Requirements
This proposed rulemaking will add Chapter 147, Subchapter Q to define and implement the Pheasant Hunting Permit Program in this Commonwealth and provide for the issuance of hunting permits authorizing eligible individuals to hunt pheasants during applicable pheasant hunting seasons.
3. Persons Affected
Persons wishing to hunt or take pheasants in this Commonwealth will be affected by this proposed rulemaking.
4. Cost and Paperwork Requirements
This proposed rulemaking will result in the creation of a new class of permit that will be required for adult hunters. The Commission anticipates that this permit will be made available through the Pennsylvania Automated License System, therefore paperwork requirements to the general public will be nominal. The Commission determined that there will be limited personnel and administrative costs associated with the implementation of this new permit program. The Commission anticipates that these costs will be accommodated through existing staffing and existing budgets.
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: 48-402. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 58. RECREATION
PART III. GAME COMMISSION
CHAPTER 147. SPECIAL PERMITS
Subchapter Q. PHEASANT PERMIT Sec.
147.315. Purpose. 147.316. Application. 147.317. Permit. 147.318. Violations. § 147.315. Purpose.
The purpose of this subchapter is to define and implement the Pheasant Hunting Permit Program in this Commonwealth and provide for the issuance of hunting permits authorizing eligible individuals to hunt pheasants during applicable pheasant hunting seasons established in § 139.4 (relating to seasons and bag limits for the license year).
§ 147.316. Application.
(a) Form and content. Applications for pheasant hunting permits issued under this subchapter shall be made through the Commission or any of its authorized license-issuing agents on the appropriate form designated by the Commission for this purpose. Each application must include the applicant's name, address, date of birth and Commission-issued Customer Identification Number, and any other information required by the Commission.
(b) Eligibility. Adult pheasant hunting permit applications are available for submission by applicants in possession of a valid resident or nonresident adult or senior hunting license or a valid mentored adult hunting permit. The fee for an adult pheasant hunting permit is $25, plus any applicable transactional and issuing agent fees.
§ 147.317. Permit.
(a) A pheasant hunting permit is required for an adult to hunt or take pheasants by any means or manner or device, including the use of dogs, in this Commonwealth.
(b) A pheasant hunting permit shall be signed and carried on person when hunting or taking pheasants in this Commonwealth.
(c) This section and subchapter may not be construed to require a permit for individuals engaged in lawful pheasant hunting activities under a valid commercial or noncommercial regulated hunting grounds issued under section 2928 of the act (relating to regulated hunting grounds permits).
§ 147.318. Violations.
Violations of this subchapter will be prosecuted under section 2908 of the act (relating to violations). Furthermore, the Director may deny, revoke or suspend a permit for a violation of this subchapter upon written notice to the permittee.
[Pa.B. Doc. No. 17-424. Filed for public inspection March 10, 2017, 9:00 a.m.]
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