PROPOSED RULEMAKING

[ 58 PA. CODE CH. 147 ]

Special Permits; Deer Control

[47 Pa.B. 1490]
[Saturday, March 11, 2017]

 To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) proposed at its January 31, 2017, meeting to amend §§ 147.552 and 147.553 (relating to application; and permit) to replace the dawn to dusk terminology with a reference to legal hunting hours as set forth in § 141.4 and Chapter 141, Appendix G (relating to hunting hours) and to delete the requirement that an applicant be enrolled in one of the Commission's public access programs for 2 years to be eligible for the Red Tag permit.

 This proposed rulemaking will not have an adverse impact on the wildlife resources of this Commonwealth.

 The authority for this proposed rulemaking is 34 Pa.C.S. (relating to Game and Wildlife Code) (code).

 This proposed rulemaking was made public at the January 31, 2017, meeting of the Commission. Comments can be sent until March 24, 2017, to the Director, Information and Education, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797.

1. Purpose and Authority

 Current regulations limit subpermittees exercising the privileges of a Red Tag permit to hunting and taking white-tailed deer from ''dawn to dusk.'' Most participants in this program understand this ambiguous time frame to coincide with legal hunting hours, but this link is not clear in the regulations. The Commission proposes to amend § 147.553 to replace the dawn to dusk terminology with a reference to legal hunting hours as set forth in § 141.4 and Chapter 141, Appendix G. These proposed amendments will more effectively guide and instruct subpermittees on the lawful periods during which they may exercise the privileges of this program. The Commission is also proposing to amend § 147.552 to delete the requirement that an applicant be enrolled in one of the Commission's public access programs for 2 years to be eligible for the Red Tag permit. This proposed amendment will alleviate constraints on farmers wishing to participate in the Red Tag Program who cannot wait the 2-year public access program enrollment period due to current deer damage problems.

 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 §§ 147.552 and 147.553 are proposed under this authority.

2. Regulatory Requirements

 This proposed rulemaking will amend §§ 147.552 and 147.553 to replace the dawn to dusk terminology with a reference to legal hunting hours as set forth in § 141.4 and Chapter 141, Appendix G and to delete the requirement that an applicant be enrolled in one of the Commission's public access programs for 2 years to be eligible for the Red Tag permit.

3. Persons Affected

 Persons wishing to make application and participate in the Red Tag deer control program may be affected by this proposed rulemaking.

4. Cost and Paperwork Requirements

 This proposed rulemaking should not result in additional cost or paperwork.

5. Effective Date

 This 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 this 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 Director

 Fiscal Note: 48-409. No fiscal impact; (8) recommends adoption.

Annex A

TITLE 58. RECREATION

PART III. GAME COMMISSION

CHAPTER 147. SPECIAL PERMITS

Subchapter R. DEER CONTROL

AGRICULTURE

§ 147.552. Application.

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 (b) [Except in wildlife management units 5C and 5D, applications] Applications will only be accepted from persons who [have been] are currently enrolled in one of the Commission public access programs (Farm Game Project or Safety Zone—P.1-2-3) [for a minimum of 2 years and are currently enrolled in the Program].

*  *  *  *  *

§ 147.553. Permit.

 The deer control permit authorizes the permittee to enlist the aid of a limited number of subpermits. The maximum number of subpermits issued will be no more than one for every 5 acres of land that is under cultivation unless the wildlife conservation officer recommends an increase in the number due to warranted circumstances.

 (1) Validity. The permit is valid from February 1 to September 28 each calendar year, excluding Sundays, during [the hours of dawn to dusk only] legal hunting hours as set forth in § 141.4 and Chapter 141, Appendix G (relating to hunting hours).

*  *  *  *  *

[Pa.B. Doc. No. 17-422. Filed for public inspection March 10, 2017, 9:00 a.m.]

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