PROPOSED RULEMAKING
GAME COMMISSION
[ 58 PA. CODE CHS. 141 AND 147 ]
Hunting and Trapping; Special Permits
[48 Pa.B. 1685]
[Saturday, March 24, 2018]To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) proposed at its January 30, 2018, meeting to amend § 141.1 (relating to special regulations areas) and rescind §§ 147.681—147.686 to eliminate the baiting permit and reporting requirements.
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 30, 2018, meeting of the Commission. Comments can be sent until April 20, 2018, to the Director, Information and Education, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797.
1. Purpose and Authority
The Commission is proposing to amend § 141.1 and rescind §§ 147.681—147.686 to eliminate the baiting permit and reporting requirements. All other standards and requirements will remain the same.
Section 2308(a)(8) of the code (relating to unlawful devices and methods) generally prohibits a person hunting game or wildlife through the use of or by taking advantage of any artificial or natural bait. Section 2308(b)(2)(iii) of the code provides an exception to this prohibition for licensed hunters hunting deer in special regulations areas, other than counties of the second class. Section 2102(a) of the code (relating to regulations) provides that ''[t]he 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 amendments to § 141.1 and the rescission of §§ 147.681—147.686 are proposed under this authority.
2. Regulatory Requirements
This proposed rulemaking will amend § 141.1 and rescind §§ 147.681—147.686 to eliminate the baiting permit and reporting requirements.
3. Persons Affected
Persons wishing to hunt white-tailed deer in the Southeast special regulations area 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 Randy S. Shoup, Director, Bureau of Wildlife Protection, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717) 783-6526.
BRYAN J. BURHANS,
Executive DirectorFiscal Note: 48-429. 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:
* * * * * (7) Hunt or take deer in the southeast special regulations area during regular open hunting seasons for white-tailed deer through the use of or by taking advantage of bait on private, township or municipal property only [under a deer attractant permit issued under Chapter 147, Subchapter R (relating to deer control)] as set forth in this paragraph.
(i) Purpose. The purpose of this paragraph is to authorize eligible persons to hunt through the use of or otherwise take advantage of approved bait to enhance the harvest rate of white-tailed deer on private, township or municipal property within the southeast special regulations area where landowners have suffered material damage to their real property and traditional hunting and deer control methods have proven ineffective in controlling local deer populations.
(ii) Operation. Landowners and persons they permit to hunt on their property may hunt through the use of or otherwise take advantage of approved bait for the purpose of enhancing the harvest rate of white-tailed deer. This authorization is subject to the following conditions:
(A) This authorization only applies during regular open hunting seasons for white-tailed deer in the affected portion of each wildlife management unit located on private, township or municipal property within the southeast special regulations area.
(B) A bait site may not be located less than 250 yards from any previously established bait site authorized under this paragraph.
(C) Approved bait may be distributed at each bait site by approved feeders from 2 weeks prior to the opening of the first white-tailed deer season through the close of the last white-tailed deer season within the applicable wildlife management unit.
(D) Approved feeders are limited to sealed, waterproof, automatic, mechanical feeders that are set to distribute bait up to a maximum of three times per day during legal hunting hours only. The feeder must be visibly tagged or labeled with the full name and address of the landowner or an individual authorized by the landowner to use or place the approved feeder.
(E) Bait accumulation at any one bait site may not exceed 5 gallons total volume at any given time.
(F) Approved bait is limited to shelled corn and protein pellet supplements.
(G) It is the sole responsibility of landowners and persons they permit to hunt on their property to ensure that the area bait site is in compliance with this paragraph prior to hunting in that area.
(H) The landowner and persons they permit to hunt on their property may not, under any circumstances, hunt, take, kill or harvest any game or wildlife other than white-tailed deer at the bait site or coming to and from the bait site.
(iii) Suspension. The Commission may suspend the operation of any bait site if one or more of the following conditions is determined to exist:
(A) The baiting activity is causing conflict with other lawful hunting.
(B) The baiting activity is causing public safety hazards.
(C) The operation of the baiting site is not in compliance with the requirements of this paragraph.
(D) The operation if the baiting site is detrimental to the health and welfare of any wildlife, including white-tailed deer.
(E) Chronic Wasting Disease has been detected within 10 air miles of the southeast special regulations area. This suspension may remain indefinitely until the Commission determines that resumption of baiting activities will not create an unreasonable future risk of spreading of the disease on the landscape.
(iv) Violations. Violations of this paragraph will be prosecuted under section 2308 of the act (relating to unlawful devices and methods).
CHAPTER 147. SPECIAL PERMITS
Subchapter R. DEER CONTROL
[DEER ATTRACTANT PERMIT] (Editor's Note: As part of this proposed rulemaking, the Commission is proposing to rescind the following sections of Chapter 147 which appear in 58 Pa. Code pages 147-70—147-72.1, serial pages (388094)—(388097).)
§§ 147.681—147.686. (Reserved).
[Pa.B. Doc. No. 18-445. Filed for public inspection March 23, 2018, 9:00 a.m.]
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