RULES AND REGULATIONS
GAME COMMISSION
[58 PA. CODE CH. 147]
Wildlife Rehabilitation; Special Permits
[32 Pa.B. 1307] To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its January 15, 2002, meeting, adopted the following amendments:
Amend §§ 147.301--147.304, 147.306, 147.308 and 147.309. With the advice and cooperation of the Wildlife Rehabilitation Council, the Commission wanted to apply some needed changes in the regulations to make the Commission's rehabilitation program more functional and easier to administer. The final-form amendments will help to clarify the various aspects of this program.
Amend § 147.553 (relating to permit) to establish posting requirements for farms enrolled in the deer control program.
These final-form amendments were adopted under the authority of 34 Pa.C.S. (relating to the Game and Wildlife Code) (code).
Amendments to §§ 147.301--147.309
1. Introduction
The Commission has had regulations relating to wildlife rehabilitation permits in Subchapter P (relating to wildlife rehabilitation) since 1992. Although the regulations have generally worked well, the Commission decided to propose some modifications. Therefore, at its October 2, 2001, meeting, the Commission proposed, and at its January 15, 2002, meeting, adopted, amendments to §§ 147.301--147.309 relating to wildlife rehabilitation permits. These amendments are adopted under authority contained in section 2901(b) of the code (relating to authority to issue permits).
2. Purpose and Authority
As was pointed out in the Introduction, the Commission has had regulations relating to wildlife rehabilitation permits for approximately 9 years. The Commission has decided to modify some policies and procedures as follows:
Section 147.301 (relating to definitions) defines ''assistant'' and redefines ''wildlife rehabilitation.''
Section 147.302(a)(5) (relating to general) authorizes rehabilitator use of unlicensed volunteers.
Section 147.302(b) authorizes the holding of injured wildlife by a licensed veterinarian for up to 48 hours before notifying the Commission and requires transfer to a licensed rehabilitator.
Section 147.302(j) allows disposal of terminated wildlife in an appropriate manner.
Section 147.302(k) requires submission of a copy of permit records annually by July 30.
Section 147.302(o) makes renewal of permit contingent upon compliance with all relevant legal requirements.
Sections 147.303(b)(6) and 147.304(a)(1)(iv) (relating to permit applications; and wildlife rehabilitation permits) amend ''passerines'' to ''nonraptor'' avian species for purposes of identifying types of wildlife.
Sections 147.303(b)(7) and 147.304(d) eliminate the master class of permit.
Section 147.304(c)(1)(ii) eliminates the requirement of passing a written test and requires submission of photographs or a videotape of the permittee's facility.
Section 147.306(b)(4) (relating to endangered or threatened species certification) allows submission of a videotape of facilities for endangered or threatened species certification.
Section 147.306(c) requires attendance at a certification workshop or seminar for endangered or threatened species certification.
Section 147.308(a) (relating to training and education requirements) allows approval by the Wildlife Rehabilitation and Educational Council and the Commission of equivalent training for certification.
Section 147.309(d)(3) (relating to educational use of rehabilitation wildlife permits) prohibits free flying by any species not just avian species.
Section 2901(b) of the code authorizes the Commission ''. . . as deemed necessary to properly manage the game or wildlife resources, . . . promulgate regulations for the issuance of any permit and . . . to control the activities which may be performed under authority of any permit issued.'' This section authorizes the final-form amendments.
3. Regulatory Requirements
See Purpose and Authority.
4. Persons Affected
Individuals wishing to engage in wildlife rehabilitation activities will be affected by the adopted changes.
5. Comment and Response Summary
No official comments were received with regard to the final-form amendments.
6. Cost and Paperwork Requirements
The final-form amendments should not result in any substantial additional cost or paperwork.
Amendment to § 147.553
1. Introduction
The Commission, at its June 12, 2001, meeting, adopted the deletion of § 139.16 (relating to deer damage areas). Posting of deer damage areas under § 139.16 was a prerequisite to obtaining a deer control permit under Subchapter R (relating to deer control). As a result, the Commission, at its October 2, 2001, meeting, proposed, and at its January 15, 2002, meeting, adopted, an amendment to § 147.553 to add paragraph (3), requiring posting of the property.
Section 2901(b) of the code authorizes the Commission to promulgate regulations to control activities performed under authority of a permit.
2. Purpose and Authority
As a result of the Commission's adopting of concurrent antlerless and antlered deer seasons, the need for a special season for deer damage areas was eliminated and § 139.16 was deleted. Participation in the deer damage farm program, including posting of the property involved, was a prerequisite to obtaining an agricultural deer control permit under Subchapter R. The Commission has decided to retain the posting requirement of the deer damage farm program and has therefore adopted adding the posting requirement to § 147.553.
Section 2901(b) of the code authorizes the Commission to promulgate regulations to control activities which may be performed under the authority of a permit. This section provides the authority for the adoption.
3. Regulatory Requirements
The final-form amendment will continue the requirement that signs be posted on boundaries and along public roads identifying a farm as experiencing deer damage as a prerequisite to obtain an agricultural deer control permit.
4. Persons Affected
Individuals owning or leasing farms experiencing deer damage and hunters desiring to hunt on the land would be affected by the final-form amendment.
5 Comment and Response Summary
No official comments were received with regard to the final-form amendment.
6. Cost and Paperwork Requirements
The final-form amendment will continue an existing requirement and therefore, should not result in any additional cost or paperwork.
Effective Date
The final-form amendments will be effective on publication in the Pennsylvania Bulletin and will remain in effect until changed by the Commission.
Contact Person
For further information regarding the final-form amendments, contact David E. Overcash, Director, Bureau of Law Enforcement, 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.
(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 §§ 147.301--147.304, 147.306, 147.308, 147.309 and 147.553, to read as set forth at 31 Pa.B. 6191 (November 10, 2001).
(b) The Executive Director of the Commission shall submit this order and 31 Pa.B. 6191 and deposit them with the Legislative Reference Bureau as required by law.
(c) This order shall become effective upon final publication in the Pennsylvania Bulletin.
VERNON R. ROSS,
Executive DirectorFiscal Note: Fiscal Note 48-137 remains valid for the final adoption of the subject regulations.
[Pa.B. Doc. No. 02-379. Filed for public inspection March 8, 2002, 9:00 a.m.]
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