RULES AND REGULATIONS
[58 PA. CODE CH. 147]
Deer Management Assistance Program
[33 Pa.B. 2754] To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its April 8, 2003, meeting, adopted the following amendments:
Add §§ 147.671--147.676 (relating to deer management assistance program permits) to establish rules for the application and issuance of Deer Management Assistance Program (DMAP) harvest permits for use on lands enrolled in a DMAP.
The final-form rulemaking will have no adverse impact on the wildlife resources of this Commonwealth.
The authority for the final-form rulemaking is 34 Pa.C.S. (relating to Game and Wildlife Code) (code).
Notice of proposed rulemaking was published at 33 Pa.B. 1484 (March 22, 2003).
1. Introduction
The Commission added §§ 147.671--147.676 to establish rules for the application and issuance of DMAP harvest permits for use on lands enrolled in a DMAP.
2. Purpose and Authority
The DMAP was established to provide both public and private landowners with an additional tool for the future management of local white-tailed deer herds on lands where excessive deer numbers have compromised the landowners' land uses and other interests. The additional regulations to Chapter 147 (relating to special permits) will permit qualified landowners to be eligible for a determined allotment of coupons, which may then be distributed by the landowners to hunters. A hunter receiving a coupon will be required to submit the coupon to the Commission, which will authorize and issue a harvest permit for the qualified specific area related to the submitted coupon. The number of coupons that will be issued to an applicant landowner will be determined by what the landowner's land qualifies for. Where material destruction of cultivated crops, fruit trees or vegetables by deer has been or can be documented, one DMAP harvest permit may be allocated for every 5 acres of land enrolled in the DMAP. On other lands, one DMAP harvest permit will be allocated for every 50 acres enrolled in the DMAP. Additional DMAP harvest permits may be allocated dependent on current conditions relative to goals and objectives outlined in a Commission approved management plan. The new regulations will outline eligibility standards and application procedures for DMAP coupons and harvest permits.
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.'' Section 2102(a) of the code (relating to regulations) provides ''The commission shall promulgate such regulations as it deems necessary and appropriate concerning game or wildlife and hunting . . . in this Commonwealth, including regulations relating to the . . . management of game or wildlife . . . .'' These provisions provide the statutory authority for the final-form rulemaking.
3. Regulatory Requirements
The final-form rulemaking will establish rules for the application and issuance of DMAP harvest permits for use on lands enrolled in a DMAP.
4. Persons Affected
Persons wishing to hunt for antlerless deer and persons wishing to have more deer harvested from their land may be affected by the final-form rulemaking.
5. Comment and Response Summary
In total, one official comment was received in support and ten official comments were received in opposition to the amendments to Chapter 147. Those opposed to the rulemaking were not opposed to the concept of the DMAP in general, but rather were opposed to the inclusion of the requirement that private lands enrolled in the DMAP be open to public hunting.
6. Cost and Paperwork Requirements
The final-form rulemaking will result in some additional cost to the Commission in the form of printing additional antlerless deer licenses and printing and distributing coupons to landowners for the DMAP.
7. Effective Date
The final-form rulemaking will be effective on final publication in the Pennsylvania Bulletin and will remain in effect until changed by the Commission.
8. Contact Person
For further information regarding the final-form rulemaking, contact Michael A. Dubaich, 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 givenunder 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 adding §§ 147.671--147.676 to read as set forth in Annex A.
(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 final-form publication in the Pennsylvania Bulletin.
VERNON R. ROSS,
Executive DirectorFiscal Note: 48-156. (1) Game Fund; (2) Implementing Year 2003-04 is $1,490; (3) 1st Succeeding Year 2004-05 is $1,490; 2nd Succeeding Year 2005-06 is $1,490; 3rd Succeeding Year 2006-07 is $1,490; 4th Succeeding Year 2007-08 is $1,490; 5th Succeeding Year 2008-09 is $1,490; (4) 2002-03 Program--$N/A; 2001-02 Program--$N/A; 2000-01 Program--$N/A; (7) General Government Operations; (8) recommends adoption.
Annex A
TITLE 58. RECREATION
PART III. GAME COMMISSION
CHAPTER 147. SPECIAL PERMITS
Subchapter R. DEER CONTROL
DEER MANAGEMENT ASSISTANCE
PROGRAM PERMITSSec.
147.671. Purpose and scope. 147.672. Definitions. 147.673. Eligibility and application for DMAP. 147.674. Issuance of DMAP harvest permits. 147.675. Validity of permit. 147.676. Unlawful acts. § 147.671. Purpose and scope.
Sections 147.672--147.676 establish rules for application and issuance of DMAP harvest permits for use on lands enrolled in a DMAP.
§ 147.672. Definitions.
The following words and terms, when used in this section and §§ 147.671 and §§ 147.673--147.676, have the following meanings unless the context clearly indicates otherwise:
Coupon--The coupon issued by the Commission to approved DMAP areas entitling the holder to one DMAP harvest permit for the DMAP area indicated on the coupon.
DMAP--Deer Management Assistance Program.
DMAP harvest permit--The numbered permit which is issued by the Commission, authorizing the holder thereof to hunt antlerless deer in a specific DMAP area in accordance with provisions in the act and this part as they pertain to lawfully hunting deer. Each DMAP harvest permit has its own antlerless deer ear tag and antlerless deer harvest report card attached to be used only for tagging and reporting an antlerless deer harvested.
Public land--Any land owned or controlled by a Federal or State agency, or municipal political subdivision.
§ 147.673. Eligibility and application for DMAP.
(a) In the 2003-2004 license year, DMAP applications will only be accepted for public land, and private land enrolled in one of the Commission's public access programs (Farm Game, Forest Game or Safety Zone--P.1-2-3). Owners or lessees of private land or authorized officers or employees of political subdivisions or government agencies shall apply for the DMAP in a manner and on a form required by the Director. Separate applications for DMAP areas will not be accepted for areas that are within 1 air mile of another area that is owned, leased or controlled by the same person, political subdivision or government agency.
(1) Where material destruction of cultivated crops, fruit trees or vegetables by deer has been or can be documented, one DMAP harvest permit may be allocated for every 5 acres of land enrolled in the DMAP. On other lands one DMAP harvest permit will be allocated for every 50 acres enrolled in the DMAP. Additional DMAP harvest permits may be allocated dependent on current conditions relative to goals and objectives outlined in a Commission-approved management plan.
(b) Applications shall be submitted to a regional office by July 1 immediately preceding the first fall deer hunting season and shall include the name of the owner, lessee, political subdivision or government agency that is applying for the DMAP and the name and address of the person who will be the contact person for the DMAP as well as other information required on the application.
(1) An application for approval of a management plan that will allow the use of additional DMAP harvest permits on a designated land area shall contain the following information:
(i) A map showing the location and boundaries of the area and the county, township and Commission wildlife management unit the site is located in.
(ii) A description of the management area delineated on the map in subparagraph (i) including the size in acres, cover types (forested, nonforested), principal land uses, huntable areas and safety zones.
(iii) An explanation of deer management goals and objectives for the area.
(iv) An explanation to substantiate why the person in control of the land wants to increase the harvest of antlerless deer by allowing use of DMAP on the area. Area specific information shall be provided that supports the deer management goals and objectives.
(c) Upon approval of the application, the location and boundaries of the area shall be designated in a manner approved by the Commission.
(d) Approved applicants will receive one coupon for each DMAP permit the DMAP area is entitled to.
§ 147.674. Issuance of DMAP harvest permits.
(a) DMAP harvest permits will be made available without regard to quota limitations and will be issued by the Commission.
(b) One coupon for the DMAP area may be issued each license year to persons who possess a valid Pennsylvania hunting license or qualify for license and fee exemptions under section 2706 of the act (relating to resident license and fee exemptions).
(c) Coupon holders shall mail the completed coupon to the Commission along with a $6 check or money order payable to the ''Pennsylvania Game Commission.''
(d) While hunting deer, the DMAP harvest permit shall be possessed by the hunter at all times.
§ 147.675. Validity of permit.
(a) DMAP harvest permits are valid only during open seasons for hunting antlerless deer.
(b) DMAP harvest permits are valid only on the DMAP area indicated on the license.
§ 147.676. Unlawful acts.
It is unlawful to:
(1) Use, possess or attempt to use or possess more than one DMAP harvest permit for a specific DMAP area in any license year.
(2) Use or possess or attempt to use or possess a DMAP harvest permit that was issued to another person.
(3) Lend or transfer in any manner whatsoever a DMAP harvest permit to any other person regardless of the purpose.
(4) Issue more than one coupon to any person for a specific DMAP area in any license year.
(5) Fail to tag any deer taken with a DMAP harvest permit in accordance with provisions of this part and the act relating to tagging big game.
(6) Fail to complete harvest report and survey information in accordance with instructions provided on the report card or the survey, or both.
(7) Charge or accept any fee or consideration for a DMAP coupon.
(8) Fail to comply with any other provisions of §§ 147.672--147.675.
[Pa.B. Doc. No. 03-1116. Filed for public inspection June 13, 2003, 9:00 a.m.]
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