RULES AND REGULATIONS
Title 58—RECREATION
GAME COMMISSION
[ 58 PA. CODE CH. 137 ]
Wildlife; Chronic Wasting Disease Restrictions
[53 Pa.B. 3088]
[Saturday, June 10, 2023]To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) at its April 15, 2023, meeting amends § 137.35 (relating to Chronic Wasting Disease restrictions) to: 1) authorize a Statewide Chronic Wasting Disease (CWD) cooperator program; 2) authorize any Statewide cooperator the ability to accept high-risk cervid parts imported into this Commonwealth from other states, Canadian provinces or other locations or exported from a disease management area (DMA); and 3) prohibit the placement of high-risk cervid parts on the landscape anywhere within this Commonwealth that are derived from any cervid harvested, taken or killed outside of this Commonwealth or within any DMA or Established Area (EA).
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 53 Pa.B. 1938 (April 8, 2023).
1. Purpose and Authority
Former CWD regulations restricted the movement of high-risk cervid parts from being imported or removed from any DMA or EA created within this Commonwealth. These restrictions directly impacted and limited where successful hunters could take cervids for processing and taxidermy. In an effort to provide hunters with more options, the Commission established ''cooperating processors and taxidermists'' (cooperators) who were authorized to receive high-risk cervid parts at their facilities. These cooperators will be approved based upon their compliance with proper disposal requirements for high-risk cervid parts to help limit human-assisted spread of CWD. Formerly, cooperators were specific to a current DMA and did not allow access to cooperators associated with other DMAs, regardless of proximity. The Commission has determined that limiting public access to DMA specific cooperators adds unnecessary complexity and confusion for cooperators and hunters alike.
In an effort to simplify CWD regulations and enhance protections against human-assisted spread of CWD, the Commission amended § 137.35 to: 1) authorize a Statewide CWD cooperator program; 2) authorize any Statewide cooperator the ability to accept high-risk cervid parts imported into this Commonwealth from other states, Canadian provinces or other locations or exported from a DMA; and 3) prohibit the placement of high-risk cervid parts on the landscape anywhere within this Commonwealth that are derived from any cervid harvested, taken or killed outside of this Commonwealth or within any DMA or EA. This new structure will allow hunters to use any cooperating processor or taxidermist within this Commonwealth rather than limiting hunters to cooperators associated only with a particular DMA. This new structure will also allow for a limited or controlled authorization for hunters to import high-risk cervid parts into this Commonwealth. It should be noted this rulemaking was amended on final adoption to reorganize the text of paragraphs (b)(3)—(8) under a standalone subsection (b.1) titled ''additional restrictions'' to ensure their intended scope and applicability to both interstate and intrastate movement of high-risk cervid parts. This amendment was a non-substantive reorganization of the text.
Section 2102(a) of the code (relating to regulations) provides that ''[t]he 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 § 137.35 are adopted under this authority.
2. Regulatory Requirements
This final-form rulemaking amends § 137.35 to: 1) authorize a Statewide CWD cooperator program; 2) authorize any Statewide cooperator the ability to accept high-risk cervid parts imported into this Commonwealth from other states, Canadian provinces or other locations or exported from a DMA; and 3) prohibit the placement of high-risk cervid parts on the landscape anywhere within the Commonwealth that are derived from any cervid harvested, taken or killed outside of this Commonwealth or within any DMA or EA.
3. Persons Affected
Persons wishing to become a cooperator, persons wishing to import high-risk cervid parts into this Commonwealth from other states, Canadian provinces or other locations, and persons wishing to export high-risk cervid parts from a DMA or EA 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 137, are amended by amending § 137.35 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 48-495 remains valid for the final adoption of the subject regulation.
Annex A
TITLE 58. RECREATION
PART III. GAME COMMISSION
CHAPTER 137. WILDLIFE § 137.35. Chronic Wasting Disease restrictions.
(a) Importation.
(1) General rule. It is unlawful to import any high-risk parts or materials from cervids harvested, taken or killed outside of this Commonwealth.
(2) Exceptions. This subsection may not be construed to:
(i) Limit the importation of non-high-risk parts or materials from cervids harvested, taken or killed outside of this Commonwealth.
(ii) Limit the importation of high-risk parts or materials from cervids harvested, taken or killed outside of this Commonwealth if the parts or materials are transported directly to any location or facility designated and approved in advance by the Commission to receive high-risk cervid parts for waste disposal, taxidermy, or butchering purposes. Locations or facilities designated and approved to receive high-risk cervid parts for waste disposal, taxidermy or butchering purposes will be made known through public announcement, web site and other means reasonably intended to reach the widest audience. The following apply:
(A) Application. A location or facility seeking approval to receive high-risk cervid parts for waste disposal, taxidermy or butchering purposes shall submit a completed application on a form and in the manner established by the Commission. Applications must include the applicant's name, business address, phone number, name of current commercial refuse pickup service or other approved disposal method, and any other information required by the Commission.
(B) Approved locations and facilities. A location or facility approved by the Commission to receive high-risk cervid parts for waste disposal, taxidermy, or butchering purposes shall dispose of all high-risk cervid parts through a commercial refuse pickup service or other method approved by the Commission. An approved location or facility shall keep and maintain records of their use of an approved disposal method and provide access to these records upon request of the Commission. An approved location or facility shall also provide the Commission access to its location or facility during normal business hours to collect biological data and samples from harvested cervids.
(b) Exportation.
(1) General rule. It is unlawful to remove or export any high-risk parts or materials from cervids harvested, taken or killed, including by vehicular accident, within any Disease Management or Established Area established within this Commonwealth.
(2) Exceptions. This subsection may not be construed to:
(i) Limit the removal or exportation of non-high-risk parts or materials from cervids harvested, taken or killed within any Disease Management or Established Area established within this Commonwealth.
(ii) Limit the removal or exportation of high-risk parts or materials from cervids harvested, taken or killed in any Disease Management or Established Area established within this Commonwealth if the parts or materials are transported directly to any location or facility designated and approved in advance by the Commission to receive high-risk cervid parts for waste disposal, taxidermy, butchering or harvest reporting purposes. Locations or facilities designated and approved to receive high-risk cervid parts for waste disposal, taxidermy, butchering or harvest reporting purposes will be made known through public announcement, web site and other means reasonably intended to reach the widest audience. The following apply:
(A) Application. A location or facility seeking approval to receive high-risk cervid parts for waste disposal, taxidermy, butchering or harvest reporting purposes shall submit a completed application on a form and in the manner established by the Commission. Applications must include the applicant's name, business address, phone number, name of current commercial refuse pickup service or other approved disposal method, and any other information required by the Commission.
(B) Approved locations and facilities. A location or facility approved by the Commission to receive high-risk cervid parts for waste disposal, taxidermy, butchering or harvest reporting purposes shall dispose of high-risk cervid parts only through a commercial refuse pickup service or other method approved by the Commission. An approved location or facility shall keep and maintain records of their use of an approved disposal method and provide access to these records upon request of Commission. An approved location facility shall also provide the Commission access to their location or facility during normal business hours to collect biological data and samples from harvested cervids.
(b.1) Additional restrictions.
(1) All cervids harvested, taken or killed within any Disease Management or Established Area established within this Commonwealth or imported into this Commonwealth are subject to disease testing. This testing may require hunters to present cervids, or cervid parts, for checking and sampling at prescribed locations under conditions in a forthcoming notice. The submission process, if any, will be made known through public announcement, web site and other means reasonably intended to reach the widest audience. The cost of testing, sampling and analysis will be borne by the Commission.
(2) It is unlawful to rehabilitate wild, free-ranging cervids within any Disease Management or Established Area established within this Commonwealth.
(3) It is unlawful to use or possess cervid urine-based attractants in any outdoor setting within any Disease Management or Established Area established within this Commonwealth.
(4) It is unlawful to directly or indirectly feed wild, free-ranging cervids within any Disease Management or Established Area established within this Commonwealth. This prohibition may not be construed to apply to normal or accepted agricultural, habitat management, oil and gas drilling, mining, forest management, or other legitimate commercial or industrial practices. If otherwise lawful feeding is attracting cervids, the Commission may provide written notice prohibiting this activity. Failure to discontinue this activity is a violation of this section.
(5) The Commission will not issue any new permit to possess or transport live cervids within any Disease Management or Established Area established within this Commonwealth.
(6) It is unlawful to transport or move a cervid harvested, taken or killed outside of this Commonwealth or within any Disease Management or Established Area from the location of harvest or kill and thereafter place or dispose of any high-risk cervid parts on the landscape anywhere within the Commonwealth. High-risk cervid parts shall be disposed of only through a commercial refuse pickup service or other method approved by the Commission.
(c) Nonapplicability.
(1) Nothing in this section shall be construed to extend to the regulation of Captive cervids held under 3 Pa.C.S. Chapter 23 (relating to Domestic Animal Law) or the requirements of a lawful quarantine order issued by the Department of Agriculture.
* * * * * (f) Violations. A person violating a requirement or restriction in this section may be prosecuted under section 2102 or 2307 of the act (relating to regulations; and unlawful taking or possession of game or wildlife) and, upon conviction, be sentenced to pay the fine prescribed in the act. The Commission may deny, revoke or suspend a location or facility's authorization to receive high-risk cervid parts for waste disposal, taxidermy, butchering or harvest reporting purposes from any cervid harvested, taken or killed outside of this Commonwealth or within any Disease Management or Established Area as set forth in section 929(a) of the act (relating to revocation, suspension or denial of license, permit or registration).
[Pa.B. Doc. No. 23-757. Filed for public inspection June 9, 2023, 9:00 a.m.]
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