PROPOSED RULEMAKING
GAME COMMISSION
[ 58 PA. CODE CH. 141 ]
Hunting and Trapping; Wild Pheasant Recovery Areas
[49 Pa.B. 2614]
[Saturday, May 25, 2019]To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) proposed at its April 9, 2019, meeting to amend § 141.28 (relating to wild pheasant recovery areas) by eliminating the Hegins-Gratz Valley Wild Pheasant Recovery Area (WPRA), modifying the boundaries of the Central Susquehanna and Franklin County WPRAs and removing the dog training restriction within areas designated as WPRAs to better represent and protect existing populations of wild pheasants.
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 April 9, 2019, meeting of the Commission. Comments can be sent until July 17, 2019, to the Director, Information and Education, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797.
1. Purpose and Authority
The Commission has completed a final report on the WPRA project and are recommending several changes to WPRA status and regulations based on the findings of the report. The Hegins-Gratz Valley WPRA was established by the Commission in 2010. In 2011, 300 wild pheasants were trapped and transferred to the WPRA and annual population and habitat monitoring have continued through 2018. Population surveys show that current wild pheasant numbers in this WPRA are very low, and much lower than the initial population at the conclusion of releases. The Commission has concluded that due to habitat conditions, a huntable wild pheasant population is not achievable or sustainable within this WPRA, and that in keeping with guidelines established in the Pennsylvania Ring-necked Pheasant Management Plan for unsuccessful WPRAs, the Hegins-Gratz Valley WPRA should be dissolved and the area should be reopened to either-sex pheasant hunting and to the stocking of game farm pheasants. Boundary changes are recommended for both the Central Susquehanna and Franklin County WPRAs, reducing the size of each WPRA to better represent existing populations of wild pheasants. Finally, removal of the dog training restriction within WPRAs is recommended as there is low likelihood of negative impacts from this activity on now-established pheasant populations.
Section 2102(a) of the code (relating to regulations) provides that ''The commission shall promulgate such regulations as it deems necessary and appropriate concerning game or wildlife and hunting or furtaking in this Commonwealth, including regulations relating to the protection, preservation and management of game or wildlife and game or wildlife habitat, permitting or prohibiting hunting or furtaking, the ways, manner, methods and means of hunting or furtaking, and the health and safety of persons who hunt or take wildlife or may be in the vicinity of persons who hunt or take game or wildlife in this Commonwealth.'' The amendments to § 141.28 are proposed under this authority.
2. Regulatory Requirements
This proposed rulemaking will amend § 141.28 by eliminating the Hegins-Gratz Valley WPRA, modifying the boundaries of the Central Susquehanna and Franklin County WPRAs and removing the dog training restriction within areas designated as WPRAs to better represent and protect existing populations of wild pheasants.
3. Persons Affected
Persons wishing to hunt or take pheasants or train dogs on small game within areas designated as WPRAs may be affected by this proposed rulemaking.
4. Cost and Paperwork Requirements
This proposed rulemaking should not result in any 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 Randy L. Shoup, Director, Bureau of Wildlife Protection, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717) 783-6526.
BRYAN J. BURHANS,
Executive DirectorFiscal Note: 48-442. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 58. RECREATION
PART III. GAME COMMISSION
CHAPTER 141. HUNTING AND TRAPPING
Subchapter B. SMALL GAME § 141.28. Wild pheasant recovery areas.
(a) Definition. For the purpose of this section, the phrase ''wild pheasant recovery area'' (WPRA) includes and is limited to the following geographic locations.
(1) Central Susquehanna WPRA. Portions of WMU 4E in Northumberland, Montour and Columbia Counties, bounded and described as follows. Beginning in the southwestern extent of the WPRA at the intersection of Interstate 80 and Interstate 180, proceed north on Interstate 180 for approximately 7.2 miles to the intersection of Hughes Road. The boundary follows Hughes Road east for 0.2 mile to Susquehanna Trail. Follow Susquehanna Trail south for 0.2 mile to Schmidt Road. Follow Schmidt Road for 1.6 miles to Miller Road. Follow Miller Road east for 1.1 miles to intersection of Hockey Hill Road. Go right on Hockey Hill Road then left onto Pugmore Lane. Follow Pugmore Lane for 0.7 mile to Harrison Road. The boundary follows Harrison Road south for 0.7 mile to Showers Road. Follow Showers Road for 1.2 miles east to intersection of Gearhart Road. Turn right on Gearhart Road and go south for 0.6 mile to the intersection of Hickory Road. The boundary follows Hickory Road east for 0.6 mile then left onto Mingle Road for 0.9 mile until rejoining Hickory Road for another 0.8 mile to the intersection of Muncy Exchange Road. The boundary follows Muncy Exchange Road south for 1.4 miles to bridge over the West Branch of Chillisquaque Creek near the intersection of State Highway 44. The boundary follows the West Branch of Chillisquaque Creek south for approximately 2.1 miles to the bridge on Arrowhead Road. The boundary follows Arrowhead Road west for 0.8 mile to the intersection of State Highway 54. Follow State Highway 54 south for 2.6 miles to the intersection of State Highway 254. Follow State Highway 254 west for 6.6 miles to the intersection of [State Highway 44. Follow State Highway 44 south for 1.1 miles to the intersection of State Highway 642. Follow State Highway 642 southwest for 2.3 miles to the intersection of Billhime Road. Turn right onto Billhime Road and go 1.1 miles to the intersection of East Diehl Road. Turn left on East Diehl Road then right onto Cameltown Hill Road. Follow Cameltown Hill Road for 1 mile to the intersection of Blee Hill Road. The boundary follows Blee Hill Road northwestward for 0.6 mile to the intersection of Hillside Drive. Turn left onto Hillside Drive and follow west for 3.2 miles until State Highway 54. Cross State Highway 54 onto Steckermill Road and go 0.4 mile to the intersection of Keefer Mill Road. Turn right onto Keefer Mill Road and follow north for 0.8 mile to the intersection Mexico Road. Turn right on Mexico Road for 0.1 mile and then turn left onto Keefer Mill Road for 0.6 mile to the intersection of State Highway 254. The boundary follows State Highway 254 west for 5.5 miles to the intersection of Interstate 80. Follow Interstate 80 west for 3.4 miles to the intersection Interstate 180 and the point of origin] Interstate 80. Follow Interstate 80 west for 3.4 miles to the intersection of Interstate 180 and the point of origin.
(2) [Hegins-Gratz Valley WPRA. That portion of WMU 4E in Schuylkill and Dauphin Counties from Matterstown Road (Rt. 1007) to PA Rt. 901 at Taylorsville. The WPRA is bounded on the north by the Mahantango Creek. Beginning at the town of Pillow in Dauphin County, proceeding east on Market Street (Rt. 1026) to the Mahantango Creek, which is the Northumberland and Dauphin County border until entering Schuylkill County at Klingerstown. Continuing northeast along the Mahantango Creek in Schuylkill County to Taylorsville Road (Rt. 4039) at Haas, to Taylorsville and then proceeding south on PA Rt. 901. Proceeding south and southeast on PA Rt. 901 to I-81. Proceeding southwest on I-81 and then west on PA Rt. 25, then from PA Rt. 25, proceeding south and west on Dell Road and then northwest and west on Pine Drive (State Hwy. 4009), continuing west on Pine Drive, T593 and north on T592 to Pine Creek. The southern boundary then follows Pine Creek west along the northern side of Broad Mountain to Spring Glen. From Spring Glen, continuing west on PA Rt. 25, crossing into Dauphin County to Gratz, then proceeding southwest from Gratz on Specktown Road (State Hwy. 1014) to South Crossroads Road (PA Rt. 1009). Proceeding south on South Crossroads Road (PA Rt. 1009) to PA Rt. 209 and southwest to Elizabethville. From Elizabethville continue west on Main Street (PA Rt. 209), then turn north onto Botts Road (T462). At the first intersection, turn north onto Feidt Road (T461), then turn east onto West Matterstown Road (Rt. 4008), turn north onto Matterstown Road (Rt. 1007). Turn right or east onto Berrysburg Road (PA Rt. 25) which turns into Market St. Turn left or north onto Lykens St. Turn right or east onto Mountain Road (T639). Turn left or north on PA Rt. 225 into Pillow on PA Rt. 225, ending at Market St. (Rt. 1026).
(3)] Franklin County WPRA. That portion of WMUs 4A and 5A in Franklin County [from PA Rt. 30 on the northern border to the Pennsylvania/Maryland state border on the southern border, and from Cove Mountain on the western border to the towns of Laurich and Williamson and the Conococheague Creek on the eastern border. The WPRA is bounded on the north by PA Rt. 30 (Lincoln Highway). Beginning at the town of Fort Loudon at the intersection of PA Rt. 30 (Lincoln Highway) and PA Rt. 75, proceed east on PA Rt. 30 (Lincoln Highway), through St. Thomas and continue east to Laurich. Just east of Laurich, proceed south along Back Creek to SR 3012 (Jack Road). Proceed west along SR 3012 (Jack Road), then south along Weber Road. Continue south and southwest along Weber Road to the intersection of Weber, Grapevine and Jacks Mill Roads. Proceed southwest along Grapevine Road and then northwest to intersection with SR 3013. Turn south onto SR 3013 (St. Thomas Williamson Road) and then west onto State Rt. 995. Proceed west and then south on State Rt. 995 through Williamson to the West Branch of the Conococheague Creek (northeast of Welsh Run). Proceed along the West Branch of the Conococheague Creek to the confluence with Conococheague Creek. Follow the Conococheague Creek south to the Pennsylvania/Maryland state border. Proceed west along the Pennsylvania/Maryland state border to State Rt. 456. Proceed northeast along State Rt. 456 to State Rt. 16. Proceed east on State Rt. 16 to Mountain Road. Proceed northeast on Mountain Road to State Rt. 75. Proceed northwest on State Rt. 75 to the intersection of State Rt. 75 and State Rt. 30 at Fort Loudon] bounded and described as follows: Beginning at the town of Mercersburg at the intersection of PA Rt. 16 (N. Main St.) and Johnstons Ln., proceed 1.9 miles west on Johnstons Ln. At the intersection of Johnstons Ln. and Charlestown Rd., proceed 0.7 mile due west following the Montgomery/Peters Township lines to the top of Cove Mountain. Proceed south along the Montgomery/Warren Township lines following the spine of Cove Mountain 7.9 miles to its intersection with cleared gas line utility right-of-way. Proceed 4.3 miles northeast along utility right-of-way to its intersection with Blairs Valley Rd. Proceed 1 mile south on Blairs Valley Rd. to the intersection with Hunter Rd. Proceed 2.5 miles east on Hunter Rd. to the intersection with Rt. 75 (Fort Loudon Rd.). Proceed across Rt. 75 onto Garnes Rd. and follow 2.6 miles northeast to the intersection with Rt. 416 (Mercersburg Rd.). Proceed 2.4 miles north on Rt. 416 to the intersection with Rt. 16 (Buchanan Trail West). Proceed 2.7 miles northwest on Rt. 16 through the town of Mercersburg to the intersection with Johnstons Ln. at point of origin.
(b) Prohibitions. It is unlawful to:
(1) Release artificially propagated pheasants any time within any area designated as a WPRA.
(2) [Train dogs in any manner from March 1 through July 31 within any area designated as a WPRA.
(3)] Hunt pheasants within any area designated as a WPRA, except the Director may authorize limited youth pheasant hunting opportunities by Commission-issued access permit in the Central Susquehanna WPRA. During any year youth pheasant hunting opportunities are authorized in the Central Susquehanna WPRA, the Director will establish the number of hunting access permits to be issued, a manner of distribution for a limited number of access permits to be raffled off by an organization promoting pheasant recovery efforts within this Commonwealth, and designate one or more pheasant hunt zones within the WPRA prior to the opening of the earliest established youth pheasant season. 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 any remaining limited youth pheasant hunting access permits within the Central Susquehanna WPRA. Limited youth pheasant hunting access permits are not transferrable. A pheasant hunting access permit shall be signed and carried on person when hunting or taking pheasants within the Central Susquehanna WPRA.
[Pa.B. Doc. No. 19-784. Filed for public inspection May 24, 2019, 9:00 a.m.]
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