RULES AND REGULATIONS
GAME COMMISSION
[ 58 PA. CODE CH. 147 ]
Special Permits; Deer Control
[47 Pa.B. 2611]
[Saturday, May 6, 2017]To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its March 28, 2017, meeting, amended §§ 147.552 and 147.553 (relating to application; and permit) to replace the dawn to dusk terminology with a reference to legal hunting hours as set forth in § 141.4 and Chapter 141, Appendix G (relating to hunting hours) and to delete the requirement that an applicant be enrolled in one of the Commission's public access programs for 2 years to be eligible for the Red Tag permit.
This final-form rulemaking will not have an adverse impact on the wildlife resources of this Commonwealth.
The authority for this final-form rulemaking is 34 Pa.C.S. (relating to Game and Wildlife Code) (code).
Notice of proposed rulemaking was published at 47 Pa.B. 1490 (March 11, 2017).
1. Purpose and Authority
Former regulations limited subpermittees exercising the privileges of a Red Tag permit to hunting and taking white-tailed deer from ''dawn to dusk.'' Most participants in this program understand this ambiguous time frame to coincide with legal hunting hours, but this link was not clear in the established regulations. The Commission amends § 147.553 to replace the dawn to dusk terminology with a reference to legal hunting hours in § 141.4 and Chapter 141, Appendix G. These amendments will more effectively guide and instruct subpermittees on the lawful periods during which they may exercise the privileges of this program. The Commission also amends § 147.552 to delete the requirement that an applicant be enrolled in one of the Commission's public access programs for 2 years to be eligible for the Red Tag permit. This amendment will alleviate constraints on farmers wishing to participate in the Red Tag program who cannot wait the 2-year public access program enrollment period due to current deer damage problems.
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 §§ 147.552 and 147.553 are adopted under this authority.
2. Regulatory Requirements
This final-form rulemaking amends §§ 147.552 and 147.553 to replace the dawn to dusk terminology with a reference to legal hunting hours as set forth in § 141.4 and Chapter 141, Appendix G and to delete the requirement that an applicant be enrolled in one of the Commission's public access programs for 2 years to be eligible for the Red Tag permit.
3. Persons Affected
Persons wishing to make application and participate in the Red Tag deer control program may be affected by this final-form rulemaking.
4. Comment and Response Summary
There were no official comments received regarding this 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 this 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 §§ 147.552 and 147.553 to read as set forth in Annex A.
(b) The Executive Director of the Commission shall certify this order and Annex A 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.
BRYAN J. BURHANS,
Executive DirectorFiscal Note: Fiscal Note 48-409 remains valid for the final adoption of the subject regulations.
Annex A
TITLE 58. RECREATION
PART III. GAME COMMISSION
CHAPTER 147. SPECIAL PERMITS
Subchapter R. DEER CONTROL
AGRICULTURE § 147.552. Application.
(a) Application for the deer control permit shall be made through the district wildlife conservation officer on a form provided by the Commission.
(b) Except in wildlife management units 5C and 5D, applications will only be accepted from persons who are currently enrolled in one of the Commission public access programs (Farm Game Project or Safety Zone—P.1-2-3).
(c) A copy of a deed or lease showing the applicant to be the owner or have control, or both, of the hunting rights of the land to be permitted must accompany the application.
(d) Applicants from the southeast special regulations areas only may be eligible to obtain approval to engage in limited baiting activities to enhance deer control activities on their properties. Approval will be based solely upon an applicant's demonstrable need for a baiting authorization as evidenced by written justifications or other evidence submitted on or in addition to the application at the time of application or renewal.
§ 147.553. Permit.
The deer control permit authorizes the permittee to enlist the aid of a limited number of subpermits. The maximum number of subpermits issued will be no more than one for every 5 acres of land that is under cultivation unless the wildlife conservation officer recommends an increase in the number due to warranted circumstances.
(1) Validity. The permit is valid from February 1 to September 28 each calendar year, excluding Sundays, during legal hunting hours as set forth in § 141.4 and Chapter 141, Appendix G (relating to hunting hours).
(2) Exceptions. The permit is not valid from May 16 to June 30 during peak fawning season.
(3) Posting. Except in wildlife management units 5C and 5D, deer control permit signs provided by the Commission shall be conspicuously posted on the boundary of and along all public roadways traversing the property by the landowner/cooperator on all contiguous acres of the farm under agreement. Posting shall be completed prior to February 1.
(4) Fee for permit. There is no fee for the issuance of the deer control permit.
[Pa.B. Doc. No. 17-765. Filed for public inspection May 5, 2017, 9:00 a.m.]
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