PROPOSED RULEMAKING
[ 58 PA. CODE CH. 147 ]
Special Permits; Nuisance Wildlife Control Operator
[44 Pa.B. 7073]
[Saturday, November 8, 2014]To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its September 23, 2014, meeting proposed to amend § 147.726 (relating to operation) to authorize the use of raptors for nuisance wildlife abatement by persons in possession of a Nuisance Wildlife Control Operator Permit and a Special Purpose—Abatement Using Raptors Permit.
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 September 23, 2014, meeting of the Commission. Comments can be sent, until January 23, 2015, to the Director, Bureau of Information and Education, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797.
1. Purpose and Authority
The United States Fish and Wildlife Service has the authority to issue a Special Purpose—Abatement Using Raptors Permit. This permit generally allows qualified individuals to utilize raptors to handle nuisance wildlife issues for other persons. The Commission requires a person to obtain a Nuisance Wildlife Control Operators Permit if that person conducts nuisance wildlife control work for another person in this Commonwealth. For raptors to be utilized by properly permitted nuisance wildlife control operators in this Commonwealth, the Commission must amend its regulations. The Commission is proposing to amend § 147.726 to authorize the use of raptors for nuisance wildlife abatement by persons in possession of a Nuisance Wildlife Control Operator Permit and a Special Purpose—Abatement Using Raptors Permit.
Section 2901(b) of the code (relating to authority to issue permits) provides that ''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 § 147.726 are proposed under this authority.
2. Regulatory Requirements
The proposed rulemaking will amend § 147.726 to authorize the use of raptors for nuisance wildlife abatement by persons in possession of a Nuisance Wildlife Control Operator Permit and a Special Purpose—Abatement Using Raptors Permit.
3. Persons Affected
Persons wishing to utilize raptors for nuisance wildlife abatement within this Commonwealth will be affected by the proposed rulemaking.
4. Cost and Paperwork Requirements
The proposed rulemaking will 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 Thomas P. Grohol, Director, Bureau of Wildlife Protection, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717) 783-6526.
R. MATTHEW HOUGH,
Executive DirectorFiscal Note: 48-371. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 58. RECREATION
PART III. GAME COMMISSION
CHAPTER 147. SPECIAL PERMITS
Subchapter T. NUISANCE WILDLIFE CONTROL OPERATOR § 147.726. Operation.
(a) Approved methods and devices are as follows:
* * * * * (4) Dogs used to harass nuisance geese. The authorization to harass geese with dogs is prohibited at any time when goslings are present at the site and during the period from June 16 to July 20, when the majority of adult birds are flightless.
(5) Raptors may be utilized for nuisance wildlife abatement by a permitted nuisance wildlife control operator only when the permitted nuisance wildlife control operator possesses a valid Special Purpose—Abatement Using Raptors Permit issued by the United States Fish and Wildlife Service. Other regulations pertaining to nuisance wildlife control operators apply to persons using this approved method and device.
(b) The agent shall have the approval of the property owner or lessee and confine all activities to that property.
* * * * *
[Pa.B. Doc. No. 14-2314. Filed for public inspection November 7, 2014, 9:00 a.m.]
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