PROPOSED RULEMAKING

GAME COMMISSION

[58 PA. CODE CH. 147]

Special Permits; Deer Control

[37 Pa.B. 2695]
[Saturday, June 16, 2007]

   To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its April 18, 2007, meeting, proposed to amend § 147.553 (relating to permit).

   The proposed rulemaking will have no adverse impact on the wildlife resources of this Commonwealth.

   The authority for the proposed rulemaking is 34 Pa.C.S. (relating to Game and Wildlife Code) (code).

   The proposed rulemaking was made public at the April 18, 2007, meeting of the Commission. Comments can be sent, until June 22, 2007, to the Director, Information and Education, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797.

1.  Purpose and Authority

   Agricultural deer control permits (red tags) are generally valid from February 1 through September 28 of each year. However, the permits are invalidated for a brief period of time during the peak of the fawning season. More specifically, the permits are invalidated from May 16 through July 31 for general crop farmers and from May 16 through June 30 for vegetable farmers. Upon further review of the closure dates, the Commission has determined that standardizing the closure period between the two classes to May 16 through June 30 would provide additional deer control opportunities for general crop farmers without putting an unjustified additional demand on deer during the fawning season. Therefore, the Commission is proposing to amend § 147.553 to standardize the agricultural deer control permit closure period to May 16 through June 30 for both vegetable and general crop farmers.

   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 § 147.553 were proposed under this authority.

2.  Regulatory Requirements

   The proposed rulemaking will amend § 147.553 to standardize the agricultural deer control permit closure period to May 16 through June 30 for both vegetable and general crop farmers.

3.  Persons Affected

   Persons wishing to exercise the privileges of an agricultural deer control permit may be affected by the proposed rulemaking.

4.  Cost and Paperwork Requirements

   The proposed rulemaking should not result in additional cost or paperwork.

5.  Effective Date

   The 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 the proposed rulemaking, contact Richard A. Palmer, Acting Director, Bureau of Wildlife Protection, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717) 783-6526.

CARL G. ROE,   
Executive Director

   Fiscal Note: 48-252. No fiscal impact; (8) recommends adoption.

Annex A

TITLE 58. RECREATION

PART III. GAME COMMISSION

CHAPTER 147. SPECIAL PERMITS

Subchapter R. DEER CONTROL

AGRICULTURE

§ 147.553. Permit.

   The deer control permit authorizes the permittee to enlist the aid of a limited number of subpermits. The maximum number of subpermits issued will be no more than one for every 5 acres of land that is under cultivation unless the wildlife conservation officer recommends an increase in the number due to warranted circumstances.

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   (2)  Exceptions. The permit is not valid from May 16 to [July 31, inclusive, for general crop farming and from May 16 to June 30 for vegetable farming] June 30 during peak fawning season.

*      *      *      *      *

[Pa.B. Doc. No. 07-1043. Filed for public inspection June 15, 2007, 9:00 a.m.]

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