PROPOSED RULEMAKING
[ 58 PA. CODE CH. 141 ]
Hunting and Trapping; Special Regulations Areas
[42 Pa.B. 1235]
[Saturday, March 10, 2012]To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) proposed at its January 24, 2012, meeting to amend § 141.1 (relating to special regulations areas) to permit hunters to legally harvest deer during any deer season through the use of bait on properties authorized under a valid deer control permit (red tag farms) in wildlife management units (WMU) 5C and 5D in the southeastern Pennsylvania special regulations areas.
The proposed rulemaking will not have an 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 24, 2012, meeting of the Commission. Comments can be sent, until April 20, 2012, to the Director, Information and Education, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797.
1. Purpose and Authority
On March 31, 2010, the Commission's 3-year evaluation of the effectiveness of a broad scale and widely accessible authorization permitting the baiting of white-tailed deer across the southeast special regulations areas expired. The Commission's final review of the baiting authorization generally concluded that broad scale and widely accessible baiting did not establish viable increases in harvest rates to justify an extension of the experimental program. Agricultural deer damage continues to be a challenge in the more developed areas of this Commonwealth. Special hunting regulations exist for these areas, but hunting and permitted control provisions at times create conflicting regulations. On February 1, 2011, the Commission amended §§ 147.552 and 147.556 (relating to application; and lawful devices and methods) to create a focused, limited authorization permitting the baiting of white-tailed deer in WMUs 5C and 5D on approved properties enrolled in the Red Tag Program. See 41 Pa.B. 1767 (April 2, 2011). In furtherance of the Commission's continuing efforts to find effective tools to manage the population on agriculture lands in this area of this Commonwealth, the Commission is proposing to amend § 141.1 to permit hunters to legally harvest deer during any deer season through the use of bait on properties authorized under a valid deer control permit (red tag farms) in WMUs 5C and 5D in the southeastern Pennsylvania special regulations areas.
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 is proposed under this authority.
2. Regulatory Requirements
The proposed rulemaking will amend § 141.1 by permitting hunters to legally harvest deer during any deer season through the use of bait on properties authorized under a valid deer control permit (red tag farms) in WMUs 5C and 5D in the southeastern Pennsylvania special regulations areas.
3. Persons Affected
Persons wishing to hunt deer through the use of bait in the southeast special regulations areas will 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 R. Palmer, Director, Bureau of Wildlife Protection, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717) 783-6526.
CARL G. ROE,
Executive DirectorFiscal Note: 48-333. 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.
* * * * * (d) Permitted acts. It is lawful to:
* * * * * (6) Hunt or take deer during any deer season through the use of or by taking advantage of bait on private property currently operating under a valid deer control permit when approval for limited baiting activities has previously been obtained under § 147.552 (relating to application).
[Pa.B. Doc. No. 12-398. Filed for public inspection March 9, 2012, 9:00 a.m.]
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