RULES AND REGULATIONS
Title 58—RECREATION
GAME COMMISSION
[58 PA. CODE CH. 147]
Special Permits; Nuisance Wildlife Control Operator
[52 Pa.B. 5474]
[Saturday, August 27, 2022]To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) at its July 9, 2022, meeting amends §§ 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 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 52 Pa.B. 3107 (May 28, 2022).
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.
Former regulations prohibited 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 amends §§ 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 activities which may be performed under authority of any permit issued.'' The amendments to §§ 147.726 and 147.728 are adopted under this authority.
2. Regulatory Requirements
This final-form rulemaking amends §§ 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 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 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 Jason L. DeCoskey, 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), referred to as the Commonwealth Documents Law and the regulations thereunder, 1 Pa. Code §§ 7.1 and 7.2 (relating to notice of proposed rulemaking required; 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 authorizing statute, orders that:
(a) The regulations of the Commission, 58 Pa. Code Chapter 147, are amended by amending §§ 147.726 and 147.728 to read as set forth in Annex A, with ellipses referring to the existing text of the regulations.
(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 publication in the Pennsylvania Bulletin.
BRYAN J. BURHANS,
Executive DirectorFiscal Note: Fiscal Note 48-482 remains valid for the final adoption of the subject regulations.
Annex A
TITLE 58. RECREATION
PART III. GAME COMMISSION
CHAPTER 147. SPECIAL PERMITS
Subchapter T. NUISANCE WILDLIFE CONTROL OPERATOR § 147.726. Operation.
* * * * * (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) 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.
* * * * *
[Pa.B. Doc. No. 22-1290. Filed for public inspection August 26, 2022, 9:00 a.m.]
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