RULES AND REGULATIONS
Title 58—RECREATION
GAME COMMISSION
[ 58 PA. CODE CH. 147 ]
Special Permits; Deer Control
[49 Pa.B. 4955]
[Saturday, August 31, 2019]To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its July 23, 2019, meeting, amended § 147.322 (relating to application for deer control permit) to require applicants to provide specific hunter and hunter harvest information from previous public hunting activities upon their application.
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 49 Pa.B. 2616 (May 25, 2019).
1. Purpose and Authority
Section 147.322(c) has historically required that all ''[p]ublic land within the proposed boundaries shall be open to lawful public hunting unless otherwise prohibited under this title or as otherwise authorized or waived by the Director.'' In large part, this requirement is derived directly from section 103(b) of the code (relating to ownership, jurisdiction and control of game and wildlife) which provides, in relevant part, that ''[t]he commission shall utilize hunting and trapping as methods of effecting necessary management of game, furbearer and wildlife populations.'' While section 103 does not limit management of wild resources to public hunting only, the Commission has concluded that it is clearly intended as the primary method of management.
Over the years, the Commission has observed that deer control permit applicants utilize varying degrees of use of public hunting as a prerequisite to meeting the public hunting requirement of § 147.322. Many applicants have established organized controlled hunts, while others have organized or invited established hunting clubs onto the public or private, or both, properties covered by the permit to help reduce deer populations. However, at present, the Commission has no way to validate the information provided within deer control applications concerning these public hunt activities. The Commission amended § 147.322 to require applicants to provide specific hunter and hunter harvest information from previous public hunting activities with the application. This action will improve the use and prominence of public hunting as the primary method of wild resource management without unduly restricting the purpose and ultimate goals of the deer control permit 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 amendments to § 147.322 were adopted under this authority.
2. Regulatory Requirements
The final-form rulemaking amends § 147.322 to require applicants to provide specific hunter and hunter harvest information from previous public hunting activities with the application.
3. Persons Affected
Persons wishing to make application for a deer control permit within this Commonwealth 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 any additional cost or paperwork.
6. Effective Date
This final-form rulemaking will be effective upon final-form 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 Randy L. Shoup, 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 (relating to notice of proposed rulemaking; and adoption of regulations).
(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 § 147.322.
(b) The Executive Director of the Commission shall certify this order and 49 Pa.B. 2616 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 48-445 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
POLITICAL SUBDIVISIONS § 147.322. Application for deer control permit.
(a) An application for a deer control permit shall be completed and submitted by an authorized officer or employee of the political subdivision, homeowners association or nonprofit land-holding organization in the form and manner required by the Director.
(b) An application for a deer control permit must contain the following information:
(1) Description. A comprehensive description of the background and scope of the white-tailed deer population or damage problem, or both. The description must include a report of all alternative solutions or other steps taken by the applicant to mitigate the white-tailed deer population or damage problem, or both, prior to application for this permit.
(2) Public hunting requirement. The application must specifically define how licensed public hunting for white-tailed deer has been utilized in the problem area and what results hunting activities have had on the population or damage problem, or both. The application must list the name, C.I.D. number and hunter harvest information related to public hunting activities that have previously taken place in the problem area.
(3) Deer management plan. A comprehensive deer management plan which sets forth the applicant's white-tailed deer management goals, recommended implementation plan and a reference to the specific number of animals south to be removed. The applicant shall specifically define how licensed public hunting for white-tailed deer will be utilized in the problem area during the term of the requested deer control permit.
(4) Map.
(i) A map or set of maps showing the proposed project area and its boundaries and clearly illustrating all of the following distinct features and areas within the proposed project area:
(A) Land uses.
(B) Cover types.
(C) Areas open to public hunting for white-tailed deer.
(D) Areas damaged by white-tailed deer.
(E) Areas of white-tailed deer congregation.
(F) Applicable safety zones.
(G) Proposed white-tailed deer control areas.
(ii) The map must indicate the individual acreage values for each of the listed features and acres.
* * * * *
[Pa.B. Doc. No. 19-1317. Filed for public inspection August 30, 2019, 9:00 a.m.]
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