PROPOSED RULEMAKING
GAME COMMISSION
[ 58 PA. CODE CH. 147 ]
Deer Control; Special Permits
[49 Pa.B. 2616]
[Saturday, May 25, 2019]To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) proposed at its April 9, 2019, meeting to amend § 147.322 (relating to application for deer control permit) to require applicants to provide specific hunter and hunter harvest information from previous public hunting activities upon their application.
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 April 9, 2019, meeting of the Commission. Comments can be sent until July 17, 2019, to the Director, Information and Education, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797.
1. Purpose and Authority
Section 147.322 has historically required that all ''[p]ublic land within the proposed boundaries shall be open to lawful public hunting unless otherwise prohibited under this title or as otherwise authorized or waived by the Director.'' In large part, this requirement is derived directly from section 103 of the code (relating to ownership, jurisdiction and control of game and wildlife) which provides, in relevant part, that ''[t]he commission shall utilize hunting and trapping as methods of effecting necessary management of game, furbearer and wildlife populations.'' While section 103 does not limit management of wild resources to public hunting only, the Commission has concluded that it is clearly intended as the primary method of management.
Over the years, the Commission has observed that deer control permit applicants utilize varying degrees of use of public hunting as a prerequisite to meeting the public hunting requirement of § 147.322. Many applicants have established organized controlled hunts, while others have organized or invited established hunting clubs onto the public or private, or both, properties covered by the permit to help reduce deer populations. However, at present, the Commission has no way to validate the information provided within deer control applications concerning these public hunt activities. The Commission is proposing to amend § 147.322 to require applicants to provide specific hunter and hunter harvest information from previous public hunting activities with the application. This action will improve the use and prominence of public hunting as the primary method of wild resource management without unduly restricting the purpose and ultimate goals of the deer control permit program.
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 § 147.322 are proposed under this authority.
2. Regulatory Requirements
This proposed rulemaking will amend § 147.322 to require applicants to provide specific hunter and hunter harvest information from previous public hunting activities with the application.
3. Persons Affected
Persons wishing to make application for a deer control permit within this Commonwealth may be affected by this proposed rulemaking.
4. Cost and Paperwork Requirements
This proposed rulemaking should not result in any 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 L. Shoup, Director, Bureau of Wildlife Protection, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717) 783-6526.
BRYAN J. BURHANS,
Executive DirectorFiscal Note: 48-445. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 58. RECREATION
PART III. GAME COMMISSION
CHAPTER 147. SPECIAL PERMITS
Subchapter R. DEER CONTROL
POLITICAL SUBDIVISIONS § 147.322. Application for deer control permit.
(a) An application for a deer control permit shall be completed and submitted by an authorized officer or employee of the political subdivision, homeowners association or nonprofit land-holding organization in the form and manner required by the Director.
(b) An application for a deer control permit must contain the following information:
(1) Description. A comprehensive description of the background and scope of the white-tailed deer population or damage problem, or both. The description must include a report of all alternative solutions or other steps taken by the applicant to mitigate the white-tailed deer population or damage problem, or both, prior to application for this permit [and must specifically define how licensed public hunting for white-tailed deer has been utilized in the problem area and what results hunting activities have had on the population or damage problem, or both].
(2) Public hunting requirement. The application must specifically define how licensed public hunting for white-tailed deer has been utilized in the problem area and what results hunting activities have had on the population or damage problem, or both. The application must list the name, C.I.D. number and hunter harvest information related to public hunting activities that have previously taken place in the problem area.
(3) Deer management plan. A comprehensive deer management plan which sets forth the applicant's white-tailed deer management goals, recommended implementation plan and a reference to the specific number of animals sought to be removed. The applicant shall specifically define how licensed public hunting for white-tailed deer will be utilized in the problem area during the term of the requested deer control permit.
[(3)] (4) Map.
(i) A map or set of maps showing the proposed project area and its boundaries and clearly illustrating all of the following distinct features and areas within the proposed project area:
(A) Land uses.
(B) Cover types.
(C) Areas open to public hunting for white-tailed deer.
(D) Areas damaged by white-tailed deer.
(E) Areas of white-tailed deer congregation.
(F) Applicable safety zones.
(G) Proposed white-tailed deer control areas.
(ii) The map must indicate the individual acreage values for each of the listed features and acres.
* * * * *
[Pa.B. Doc. No. 19-785. Filed for public inspection May 24, 2019, 9:00 a.m.]
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