PROPOSED RULEMAKING

GAME COMMISSION

[ 58 PA. CODE CH. 147 ]

Special Permits; Nuisance Wildlife Control Operator

[52 Pa.B. 3107]
[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 §§ 147.726 and 147.728 (relating to operation; and unlawful acts) to authorize nuisance wildlife control operators to collect and properly dispose of deer carcasses from roadways and private property with or without a fee.

 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

 Each year, the Commission receives thousands of calls from the public concerning the presence of white-tailed deer carcasses along roadways and on private property. The Commission will often assign and task its wardens to collect and properly dispose of these carcasses as their schedules and work duties may permit. Suffice it to say, the task is often not accomplished in accordance with the expectations of the public from time to time. This is true despite the efforts of the Commission and the Department of Transportation to contract collection and disposal efforts out to qualified vendors across this Commonwealth.

 Current regulations prohibit a person, licensed or otherwise, from picking up white-tailed deer carcasses from roadways and private property, except as may be authorized by a consumption permit. These restrictions limit the public and Commission's ability to utilize existing resources to collect and properly dispose of these white-tailed deer carcasses. The Commission is proposing to amend §§ 147.726 and 147.728 to authorize nuisance wildlife control operators to collect and properly dispose of deer carcasses from roadways and private property with or without a fee.

 These changes will provide residents of this Commonwealth an additional resource to address their concerns with the removal of white-tailed deer found dead along roadways and on private property. Furthermore, nuisance wildlife control operators are already currently regulated through the Commission, therefore these changes are simply an expansion of the existing authority of nuisance wildlife control operators, not the creation of a new permitted class. Lastly, nuisance wildlife control operators are not obligated to engage in white-tailed deer collection and disposal, but rather can elect to expand their business services to include these activities at their discretion.

 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 activi-ties which may be performed under authority of any permit issued.'' The amendments to §§ 147.726 and 147.728 are proposed under this authority.

2. Regulatory Requirements

 This proposed rulemaking will amend §§ 147.726 and 147.728 to authorize nuisance wildlife control operators to collect and properly dispose of deer carcasses from roadways and private property with or without a fee.

3. Persons Affected

 Persons holding a nuisance wildlife control operator permit within this Commonwealth 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 Director

 Fiscal Note: 48-482. No fiscal impact; (8) recommends adoption.

Annex A

TITLE 58. RECREATION

PART III. GAME COMMISSION

CHAPTER 147. SPECIAL PERMITS

Subchapter T. NUISANCE WILDLIFE CONTROL OPERATOR

§ 147.726. Operation.

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 (h) Carcasses shall be disposed of by incineration or in an approved landfill in a manner consistent with the solid waste laws of the Commonwealth. The taking of any white-tailed deer shall be reported within 24 hours and turned over to the district wildlife conservation officer, unless alternative arrangements are accepted by the district wildlife conservation officer.

 (i) Nuisance wildlife control operators are authorized to collect and properly dispose of deer carcasses from roadways and private property with or without a fee.

§ 147.728. Unlawful acts.

 It is unlawful to:

 (1) [Control] Except as otherwise provided in § 147.726 (relating to operation), control any white-tailed deer, black bear, elk, wild turkey, beaver, fisher, otter or bobcat without prior approval of the District Wildlife Conservation Officer.

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[Pa.B. Doc. No. 22-780. Filed for public inspection May 27, 2022, 9:00 a.m.]

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