PROPOSED RULEMAKING
GAME COMMISSION
[58 PA. CODE CH. 147]
Special Permits; Deer Control; Deer Management Assistance Program Permits
[52 Pa.B. 3106]
[Saturday, May 28, 2022]To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) proposed at its April 9, 2022, meeting to amend § 147.672 (relating to definitions) to expand the application of the term ''private land'' to lands where the hunting rights have been leased and where a fee has been charged for hunting.
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, 2022, meeting of the Commission. Comments can be sent until July 6, 2022, to the Director, Information and Education, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797.
1. Purpose and Authority
The Commission is proposing to amend § 147.672 to expand the application of the term ''private land'' to lands where the hunting rights have been leased and where a fee has been charged for hunting. This amendment will effectively expand the meaning of the term, ''private land'' to include lands otherwise previously ineligible for participation in the Deer Management Assistance Program (DMAP). The Commission has determined that the quantity of land where the hunting rights have been leased and where a fee has been charged for hunting is approximately 5% as reported by hunters. By excluding DMAP on leased land, the only tool the Commission is giving these landowners or lessees to address deer population concerns and their land use goals are Wild Management Unit-based (WMU), allocations which may not be enough. DMAP provides an additional means for landowners to manage deer to meet their land-use goals outside of the WMU-based antlerless allocations. Fundamentally, there is no difference between DMAP on leased land and DMAP on private land with no public access. Both can restrict hunting access and both need the proper tools to meet their goals. Historic restrictions of DMAP permits for certain lands to encourage public access did not lead to significantly more public access or prevention of leased lands. Leased lands still exist and are part of the landscape of 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.'' The amendments to § 147.672 are proposed under this authority.
2. Regulatory Requirements
This proposed rulemaking will amend § 147.672 to expand the application of the term ''private land'' to lands where the hunting rights have been leased and where a fee has been charged for hunting.
3. Persons Affected
Private landowners who participate in the DMAP program will 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 Jason L. DeCoskey, Director, Bureau of Wildlife Protection, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717) 783-6526.
BRYAN J. BURHANS,
Executive DirectorFiscal Note: 48-478. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 58. RECREATION
PART III. GAME COMMISSION
CHAPTER 147. SPECIAL PERMITS
Subchapter R. DEER CONTROL
DEER MANAGEMENT ASSISTANCE
PROGRAM PERMITS§ 147.672. Definitions.
* * * * * Hunting club—A corporation or legal cooperative which owns its enrolled acres in fee title, was established prior to January 1, 2000, and has provided its club charter and list of current members to the Commission.
Private land—Land not defined as public land [where the hunting rights are not leased or there is no fee charged for hunting].
Public land—Any land owned or controlled by a Federal or State agency, or municipal political subdivision.
[Pa.B. Doc. No. 22-779. Filed for public inspection May 27, 2022, 9:00 a.m.]
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