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PA Bulletin, Doc. No. 11-558

RULES AND REGULATIONS

GAME COMMISSION

[ 58 PA. CODE CH. 147 ]

Special Permits

[41 Pa.B. 1766]
[Saturday, April 2, 2011]

 To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its February 1, 2011, meeting, amended § 147.673 (relating to eligibility and application for DMAP) to require that public landowners provide approved management plans along with applications and also advance applications date 1 month earlier.

 The final-form rulemaking will not have an 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 40 Pa.B. 6687 (November 20, 2010).

1. Purpose and Authority

 In April 2010, the Commission directed staff to review the Deer Management Assistance Program (DMAP) as it related to public landowners to enhance accountability for DMAP on public lands. Based upon this review, the Commission amends § 147.673 to require that public landowners provide an approved management plan along with applications. The Commission also advanced the application date 1 month earlier to allow staff adequate time to review and process DMAP applications in a timely manner as well as notify applicants about permit availability prior to the issuance of regular antlerless licenses.

 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 § 147.673 are adopted under this authority.

2. Regulatory Requirements

 The final-form rulemaking amends § 147.673 by replacing language to require that public landowners provide an approved management plans along with application and also advance the application date 1 month earlier.

3. Persons Affected

 Persons engaged in DMAP white-tailed deer control activities may be affected by the final-form rulemaking.

4. Comment and Response Summary

 The Commission received a total of two official written comments concerning this final-form rulemaking. Both written comments supported requiring public landowners to submit a written deer management plan with DMAP applications.

5. Cost and Paperwork Requirements

 The final-form rulemaking should not result in additional cost or paperwork.

6. Effective Date

 The final-form rulemaking will be effective upon publication in the Pennsylvania Bulletin and will remain in effect until changed by the Commission.

7. Contact Person

 For further information regarding the final-form rulemaking, contact Richard R. Palmer, Director, Bureau of Wildlife Protection, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717) 783-6526.

Findings

 The Commission finds that:

 (1) Public notice of intention to adopt the administrative amendment 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 amendment 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 § 147.673 to read as set forth at 40 Pa.B. 6687.

 (b) The Executive Director of the Commission shall certify this order and 40 Pa.B. 6687 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.

CARL G. ROE, 
Executive Director

 Fiscal Note: Fiscal Note 48-317 remains valid for the final adoption of the subject regulation.

[Pa.B. Doc. No. 11-558. Filed for public inspection April 1, 2011, 9:00 a.m.]


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