PROPOSED RULEMAKING
GAME COMMISSION
[ 58 PA. CODE CH. 141 ]
Hunting and Trapping
[39 Pa.B. 1391]
[Saturday, March 21, 2009]To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its January 27, 2009, meeting, proposed to add § 141.28 (relating to wild pheasant recovery areas) to define the geographic locations of the wild pheasant recovery areas and prohibit the release of propagated pheasants and certain dog training activities within same.
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 January 27, 2009, meeting of the Commission. Comments can be sent to the Director, Information and Education, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, until April 17, 2009.
1. Purpose and Authority
The Ring-necked Pheasant Management Plan calls for restoring self-sustaining and huntable ring-necked pheasant populations in suitable habitats by establishing Wild Pheasant Recovery Areas (WPRAs). Wild-trapped pheasants will be released in WPRAs in an effort to establish populations of at least 10 hens per mi2 in the spring, while WPRAs remain closed to game farm pheasant stocking and pheasant hunting, and dog training is restricted during the population establishment period. The moratorium on game farm pheasant releases is aimed at minimizing the possibility of reducing genetic diversity and improving survivorship of wild pheasants. Pheasant hunting curtailment is important to eliminating the incidental taking of hen pheasants thus limiting population viability. Dog training restrictions are essential to maximizing survivorship and direct taking of hens, especially during the spring nesting and summer brood rearing periods. The Commission is proposing to add § 141.28 to define the geographic locations of the wild pheasant recovery areas and prohibit the release of propagated pheasants and certain dog training activities within same.
Section 322(c)(4) of the code (relating to powers and duties of the commission) specifically authorizes the Commission to ''Define geographic limitations or restrictions.'' Section 2102(c) of the code (relating to regulations) directs that ''The commission shall promulgate regulations concerning the transportation, introduction into the wild, importation, exportation, sale, offering for sale or purchase of game or wildlife or the disturbing of game or wildlife in their natural habitat.'' Section 2102(a) of the code provides that ''The 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 addition of § 141.28 was proposed under to this authority.
2. Regulatory Requirements
The proposed rulemaking will add § 141.28 to define the geographic locations of the wild pheasant recovery areas and prohibit the release of propagated pheasants and certain dog training activities within the defined locations.
3. Persons Affected
Persons wishing to hunt wild pheasants, release propagated pheasants or train dogs within this Commonwealth may be affected by the proposed rulemaking.
4. Cost and Paperwork Requirements
The proposed rulemaking should not result in any additional cost or paperwork.
5. Effective Date
The proposed rulemaking will be effective upon final 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, Director, Bureau of Wildlife Protection, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717) 783-6526.
CARL G. ROE,
Executive DirectorFiscal Note: 48-279. No fiscal impact; (8) recommends adoption.
(Editor's Note: The following section is new. The text has been printed in regular print to enhance readability.)
Annex A
TITLE 58. RECREATION
PART III. GAME COMMISSION
CHAPTER 141. HUNTING AND TRAPPING
Subchapter B. SMALL GAME § 141.28. Wild pheasant recovery areas.
(a) Definition. For the purpose of this section, the phrase ''wild pheasant recovery area'' (WPRA) includes and is limited to the following geographic locations.
(1) Pike Run WPRA. The portion of Washington County, WMU 2A, bounded on the east by the Monongahela River, on the north by I-70, on the west by PA Rt. 917 to Swagler Rd. to Spring Valley Rd. to PA Rt. 2015 to Lone Pine Rd. to the intersection with Tenmile Creek in West Zollarsville, and bounded on the south by Tenmile Creek.
(2) Somerset WPRA. That portion of Somerset County, WMU 2C, bounded on the western side starting at the intersection of Coleman Station Rd. and to Stutzmantown Rd. proceeding south on Coleman Station Rd. to Brotherton Rd. continuing south to Shultz Rd./Round Hill Rd. then onto Wills Church Rd. then to Archery Rd. Boundary follows Berlin Plank Rd. (US Rt. 219) into the town of Berlin where it joins the Mason Dixon Highway (US Rt. 219) proceeding south to Pine Hill Rd. then onto Goodtown Rd. to Walker School Rd. to Sawmill Rd. Boundary crosses PA Rt. 160 to intersection with PA Rt. 31. Following Roxbury Rd. north to Shanksville Rd. connecting to the northern boundary of Stutzmantown Rd. again to the intersection of Coleman Station Rd.
(3) Central Susquehanna WPRA. Portions of Management Unit 4E in Northumberland, Montour, Columbia and Lycoming counties from the West Branch of the Susquehanna River to the south and east of the intersection of PA Rts. 54 and 405 south to the intersection with PA Rt. 642 and the West Branch of the Susquehanna River in Milton. The southern boundary is defined by PA Rt. 642 east from Milton to Mausdale, then PA Rt. 642 begins the east side of the WPRA boundary north to Jerseytown and then continues to the northern boundary following Whitehall Rd. (PA Rt. 44) towards White Hall. The northern boundary consists of smaller state and township roads proceeding from the West Branch of the Susquehanna River south and east along PA Rt. 405 to PA Rt. 54 east in Northumberland County. Then proceeding north on Crawford Rd. (Rt. 507), continuing northeast on Hughes Rd. (Rt. 655), crossing under I-180, ending at Susquehanna Trail (PA Rt. 1007). Continuing south on Susquehanna Trail (PA Rt. 1007) to Schmidt Rd. (Rt. 564). Proceeding east and southeast on Schmidt Rd. (Rt. 564). Continuing northeast on Balliet Rd. (Rt. 664) and Miller Rd. (Rt. 653) to Hockley Hill Rd. (PA Rt. 1011). Proceeding south on Hockley Hill Rd. (PA Rt. 1011) and east and south on Pugmore Lane to Showers Rd. (PA Rt. 1010). Continuing east on Showers Rd. (PA Rt. 1010), crossing into Montour County, and proceeding south on Gearhart Hollow Rd. (Rt. 441), east on Hickory Rd. (PA Rt. 1008), northeast on Mingle Rd. (Rt. 433), east on Hickory Rd. (PA Rt. 1008), north on Muncy Exchange Rd. (PA Rt. 1003), northeast on Country Line Rd., crossing into Lycoming County, east and north on Ridge Rd., southeast on G Wagner Rd., crossing into Columbia County, south on Katy's Church Rd., to the border of State Game Lands 226. South along the State Game Lands 226 boundary and then east and southeast along the State Game Lands 226 boundary, then south on Ants Hill Rd. Proceeding east on Shultz Rd., south on Swartz Rd., west on Schoolhouse Rd. to Whitehall Rd. (PA Rt. 44) northwest of Jerseytown and southeast of Whitehall.
(b) Prohibitions. It is unlawful to:
(1) Release artificially propagated pheasants any time within any area designated as a wild pheasant recovery area.
(2) Train dogs in any manner from the end of small game season through July 31 within any area designated as a wild pheasant recovery area.
[Pa.B. Doc. No. 09-515. Filed for public inspection March 20, 2009, 9:00 a.m.]
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