RULES AND REGULATIONS

GAME COMMISSION

[ 58 PA. CODE CH. 147 ]

Special Permits; Deer Control

[47 Pa.B. 4984]
[Saturday, August 26, 2017]

 To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its June 26, 2017, meeting, rescinded § 147.687 to eliminate the sunset clause and establish the continued effectiveness of the deer attractant permit program (program).

 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. 2776 (May 13, 2017).

1. Purpose and Authority

 On March 31, 2010, the Commission's 3-year evaluation of the effectiveness of a broad scale and widely accessible authorization permitting the baiting of white-tailed deer across the southeast special regulations areas expired. The Commission's final review of the baiting authorization generally concluded that broad scale and widely accessible baiting did not establish viable increases in harvest rates to justify an extension of the experimental program. On April 8, 2014, the Commission amended § 141.1 (relating to special regulations areas) and added §§ 147.681—147.687 (relating to deer attractant permit) to create and implement a deer attractant permit to authorize focused and limited baiting activities on private, township or municipal property in the southeast special regulations area. However, per former § 147.687, the regulatory authorization for the program expired on June 30, 2017. The Commission rescinds § 147.687 to eliminate the sunset clause and establish the continued effectiveness of the program.

 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 rescission of § 147.687 is adopted under this authority.

2. Regulatory Requirements

 This final-form rulemaking rescinds § 147.687 to eliminate the sunset clause and establish the continued effectiveness of the program.

3. Persons Affected

 Persons wishing to hunt or take white-tailed deer under the program will 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 amendment 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 amendment 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 deleting § 147.687 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 Director

 Fiscal Note:  Fiscal Note 48-418 remains valid for the final adoption of the subject regulation.

Annex A

TITLE 58. RECREATION

PART III. GAME COMMISSION

CHAPTER 147. SPECIAL PERMITS

Subchapter R. DEER CONTROL

DEER ATTRACTANT PERMIT

§ 147.687. (Reserved).

[Pa.B. Doc. No. 17-1411. Filed for public inspection August 25, 2017, 9:00 a.m.]

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