PROPOSED RULEMAKING

[58 PA. CODE CH. 141]

Hunting and Trapping

[40 Pa.B. 1752]
[Saturday, April 3, 2010]

 To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) proposed the following rulemaking at its January 26, 2010, meeting:

 Amend § 141.1 (relating to special regulations areas) to authorize the continued use of bait to hunt deer in the southeast special regulations areas by deleting the sunset provision.

 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 26, 2010, 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 14, 2010.

1. Purpose and Authority

 In 2006, the Commission amended § 141.1 to permit the limited use of bait to hunt and take deer in the southeastern special regulations areas of this Commonwealth. This authorization included a sunset clause that is set to expire on March 31, 2010, unless the Commission further authorizes its continuation. Commission staff has worked throughout this trial period to assess whether the use of bait actually increased deer harvest opportunity, harvest and hunter success and will conclude this review following the conclusion of this year's hunting seasons and issue a report prior to the April Commission meeting. The Commission has initiated this regulatory amendment in an effort to provide the opportunity to finalize regulations relating to baiting prior to the 2010-2011 Hunting and Trapping Digest going to press in late April. To this end, the Commission is proposing to amend § 141.1 to authorize the continued use of bait to hunt deer in the southeast special regulations areas by deleting the sunset provision.

 Section 2102(a) of the code (relating to regulations) 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 amendment to § 141.1 was proposed under this authority.

2. Regulatory Requirements

 The proposed rulemaking will amend § 141.1 to authorize the continued use of bait to hunt deer in the southeast special regulations areas by deleting the sunset provision.

3. Persons Affected

 Persons wishing to hunt deer within the southeast special regulations areas of 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 Director

 Fiscal Note: 48-298. No fiscal impact; (8) recommends adoption.

Annex A

TITLE 58. RECREATION

PART III. GAME COMMISSION

CHAPTER 141. HUNTING AND TRAPPING

Subchapter A. GENERAL

§ 141.1. Special regulations areas.

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 (d) Permitted acts. It is lawful to:

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 (5) Hunt or take deer on private lands only in the southeast area through the use of or by taking advantage of bait.

 (i) Bait may be placed or distributed 2 weeks prior to the opening of the first deer season through the close of the last deer season in each wildlife management unit. Bait accumulation in any one location may not exceed 5 gallons total volume at a given time.

 [(ii) This paragraph became effective December 26, 2006, and expires March 31, 2010, unless the Commission authorizes its continued legal effectiveness prior to March 31, 2010.]

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[Pa.B. Doc. No. 10-596. Filed for public inspection April 2, 2010, 9:00 a.m.]

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