RULES AND REGULATIONS
Title 58—RECREATION
GAME COMMISSION
[ 58 PA. CODE CH. 141 ]
Hunting and Trapping; Wild Pheasant Recovery Areas
[49 Pa.B. 4953]
[Saturday, August 31, 2019]To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its July 23, 2019, meeting amended § 141.28 (relating to wild pheasant recovery areas) by eliminating the Hegins-Gratz Valley Wild Pheasant Recovery Area (WPRA), modifying the boundaries of the Central Susquehanna and Franklin County WPRAs and removing the dog training restriction within areas designated as WPRAs to better represent and protect existing populations of wild pheasants.
This final-form rulemaking will not have an adverse impact on the wildlife resources of this Commonwealth.
The authority for this final-form rulemaking is 34 Pa.C.S. (relating to Game and Wildlife Code) (code).
Notice of proposed rulemaking was published at 49 Pa.B. 2614 (May 25, 2019).
1. Purpose and Authority
The Commission completed a final report on the Wild Pheasant Recovery Area (WPRA) project and made several amendments to § 141.28 based upon the findings of this report. The Hegins-Gratz Valley WPRA was established by the Commission in 2010. In 2011, 300 wild pheasants were trapped and transferred to the WPRA and annual population and habitat monitoring have continued through 2018. Population surveys show that current wild pheasant numbers in this WPRA are very low, and much lower than the initial population at the conclusion of releases. The Commission has concluded that due to habitat conditions, a huntable wild pheasant population is not achievable or sustainable within this WPRA, and that in keeping with guidelines established in the Pennsylvania Ring-necked Pheasant Management Plan for unsuccessful WPRAs, the Hegins-Gratz Valley WPRA was dissolved and the area reopened to either-sex pheasant hunting and to the stocking of game farm pheasants. Boundary changes for both the Central Susquehanna and Franklin County WPRAs were completed, reducing the size of each WPRA to better represent existing populations of wild pheasants. Finally, the Commission removed the dog training restriction within WPRAs based upon its assessment that there is low likelihood of negative impacts from this activity on now-established pheasant populations.
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 § 141.28 are adopted under this authority.
2. Regulatory Requirements
This final-form rulemaking amends § 141.28 by eliminating the Hegins-Gratz Valley WPRA, modifying the boundaries of the Central Susquehanna and Franklin County WPRAs and removing the dog training restriction within areas designated as WPRAs to better represent and protect existing populations of wild pheasants.
3. Persons Affected
Persons wishing to hunt or take pheasants or train dogs on small game within areas designated as WPRAs may be affected by this final-form rulemaking.
4. Comment and Response Summary
There were no official comments received regarding this final-form rulemaking.
5. Cost and Paperwork Requirements
This final-form rulemaking should not result in any additional cost or paperwork.
6. Effective Date
This final-form rulemaking will be effective upon final-form publication in the Pennsylvania Bulletin and will remain in effect until changed by the Commission.
7. Contact Person
For further information regarding this final-form rulemaking, contact Randy L. Shoup, Director, Bureau of Wildlife Protection, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717) 783-6526.
Findings
The Commission finds that:
(1) Public notice of intention to adopt the administrative amendments adopted by this order has been given under sections 201 and 202 of the act of July 31, 1968 (P.L. 769, No. 240) (45 P.S. §§ 1201 and 1202) and the regulations thereunder, 1 Pa. Code §§ 7.1 and 7.2 (relating to notice of proposed rulemaking; and adoption of regulations).
(2) The adoption of the amendments of the Commission in the manner provided in this order is necessary and appropriate for the administration and enforcement of the authorizing statute.
Order
The Commission, acting under the authorizing statute, orders that:
(a) The regulations of the Commission, 58 Pa. Code Chapter 141, are amended by amending § 141.28.
(b) The Executive Director of the Commission shall certify this order and 49 Pa.B. 2614 and deposit them with the Legislative Reference Bureau as required by law.
(c) This order shall become effective upon final-form publication in the Pennsylvania Bulletin.
BRYAN J. BURHANS,
Executive DirectorFiscal Note: Fiscal Note 48-442 remains valid for the final adoption of the subject regulation.
Annex A
TITLE 58. RECREATION
PART III. GAME COMMISSION
CHAPTER 141. HUNTING AND TRAPPING
Subchapter B. SMALL GAME § 141.28. Wild pheasant recovery areas.
(a) Definition. For the purpose of this section, the phrase ''wild pheasant recovery area'' (WPRA) includes and is limited to the following geographic locations.
(1) Central Susquehanna WPRA. Portions of WMU 4E in Northumberland, Montour and Columbia Counties, bounded and described as follows. Beginning in the southwestern extent of the WPRA at the intersection of Interstate 80 and Interstate 180, proceed north on Interstate 180 for approximately 7.2 miles to the intersection of Hughes Road. The boundary follows Hughes Road east for 0.2 mile to Susquehanna Trail. Follow Susquehanna Trail south for 0.2 mile to Schmidt Road. Follow Schmidt Road for 1.6 miles to Miller Road. Follow Miller Road east for 1.1 miles to intersection of Hockey Hill Road. Go right on Hockey Hill Road then left onto Pugmore Lane. Follow Pugmore Lane for 0.7 mile to Harrison Road. The boundary follows Harrison Road south for 0.7 mile to Showers Road. Follow Showers Road for 1.2 miles east to intersection of Gearhart Road. Turn right on Gearhart Road and go south for 0.6 mile to the intersection of Hickory Road. The boundary follows Hickory Road east for 0.6 mile then left onto Mingle Road for 0.9 mile until rejoining Hickory Road for another 0.8 mile to the intersection of Muncy Exchange Road. The boundary follows Muncy Exchange Road south for 1.4 miles to bridge over the West Branch of Chillisquaque Creek near the intersection of State Highway 44. The boundary follows the West Branch of Chillisquaque Creek south for approximately 2.1 miles to the bridge on Arrowhead Road. The boundary follows Arrowhead Road west for 0.8 mile to the intersection of State Highway 54. Follow State Highway 54 south for 2.6 miles to the intersection of State Highway 254. Follow State Highway 254 west for 6.6 miles to the intersection of Interstate 80. Follow Interstate 80 west for 3.4 miles to the intersection of Interstate 180 and the point of origin.
(2) Franklin County WPRA. That portion of WMUs 4A and 5A in Franklin County bounded and described as follows: Beginning at the town of Mercersburg at the intersection of PA Rt. 16 (N. Main St.) and Johnstons Ln., proceed 1.9 miles west on Johnstons Ln. At the intersection of Johnstons Ln. and Charlestown Rd., proceed 0.7 miles due west following the Montgomery/Peters Township lines to the top of Cove Mountain. Proceed south along the Montgomery/Warren Township lines following the spine of Cove Mountain 7.9 miles to its intersection with cleared gas line utility right-of-way. Proceed 4.3 miles northeast along utility right-of-way to its intersection with Blairs Valley Rd. Proceed 1 mile south on Blairs Valley Rd. to the intersection with Hunter Rd. Proceed 2.5 miles east on Hunter Rd. to the intersection with Rt. 75 (Fort Loudon Rd.). Proceed across Rt. 75 onto Garnes Rd. and follow 2.6 miles northeast to the intersection with Rt. 416 (Mercersburg Rd.). Proceed 2.4 miles north on Rt. 416 to the intersection with Rt. 16 (Buchanan Trail West). Proceed 2.7 miles northwest on Rt. 16 through the town of Mercersburg to the intersection with Johnstons Ln. at point of origin.
(b) Prohibitions. It is unlawful to:
(1) Release artificially propagated pheasants any time within any area designated as a WPRA.
(2) Hunt pheasants within any area designated as a WPRA, except the Director may authorize limited youth pheasant hunting opportunities by Commission-issued access permit in the Central Susquehanna WPRA. During any year youth pheasant hunting opportunities are authorized in the Central Susquehanna WPRA, the Director will establish the number of hunting access permits to be issued, a manner of distribution for a limited number of access permits to be raffled off by an organization promoting pheasant recovery efforts within this Commonwealth, and designate one or more pheasant hunt zones within the WPRA prior to the opening of the earliest established youth pheasant season. The Director or a designee will establish the application deadline and the date, time and location for the random drawing of applications for the issuance of any remaining limited youth pheasant hunting access permits within the Central Susquehanna WPRA. Limited youth pheasant hunting access permits are not transferrable. A pheasant hunting access permit shall be signed and carried on person when hunting or taking pheasants within the Central Susquehanna WPRA.
[Pa.B. Doc. No. 19-1316. Filed for public inspection August 30, 2019, 9:00 a.m.]
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