NOTICES
GAME COMMISSION
Rabbit Hemorrhagic Disease—Designation of Disease Management Area # 1
[52 Pa.B. 6514]
[Saturday, October 15, 2022]
Executive Order Whereas, Rabbit Hemorrhagic Disease (RHD) is a rapidly spreading, fatal disease in lagomorphs and is considered a foreign animal disease in the United States; and
Whereas, The viruses causing RHD can be transmitted by direct contact with infected rabbits and hares, or indirectly through carcasses, food, water, and any contaminated materials, and are very resistant to extreme environmental conditions; and
Whereas, RHD has been designated a ''dangerous transmissible disease'' of animals by order of the Secretary of Agriculture under the provisions of the Domestic Animal Law (3 Pa.C.S. §§ 2301 et seq.) at 3 Pa.C.S. § 2321(d); and
Whereas, The Pennsylvania Game Commission (Commission) has determined that eastern cottontails (Sylvilagus floridanus), Appalachian cottontails (Sylvilagus obscurus), and snowshoe hares (Lepus americanus), members of the family Leporidae, are native and familiar species to the public and important prey and game species with impacts on the vegetation structure of their ecosystems; and
Whereas, Rabbit Hemorrhagic Disease Virus Serotype 2 (RHDV2), a unique variant of RHD, has been detected in the United States in recent years and can infect all ages of a wide range of domestic and wild lagomorphs, including North American wild species of hares, jackrabbits, and cottontails; and
Whereas, The Commission desires to prevent the introduction and spread of RHDV2 within wild lagomorphs of the Commonwealth; and
Whereas, RHDV2 is of particular concern to the Commonwealth because of its potential to have a detrimental impacts on both wild and domestic lagomorph populations; and
Whereas, The Commission has determined that movement of any wild lagomorphs or their products (meat, pelts, hides, carcasses, etc.), associated equipment or other items and materials from locations where RHDV2 has been detected in wild or domestic lagomorph populations into the Commonwealth poses an unacceptable risk of introduction and spread of RHDV2 to the Commonwealth; and
Whereas, RHDV2 was detected in a domestic rabbit facility in the City of Uniontown, Fayette County, Pennsylvania in August 2022; and
Whereas, The Game and Wildlife Code (34 Pa.C.S. §§ 101, et seq.) and regulations promulgated thereunder (58 Pa. Code §§ 131.1, et seq.) collectively provide broad authority to the Commission to regulate activities relating to the protection, preservation, and management of all game and wildlife and their respective habitats (C.f. 34 Pa.C.S. §§ 322, 2101, and 2102); and
Whereas, Section 137.34 of the Pennsylvania Code (58 Pa. Code § 137.34) provide specific emergency authority to the Executive Director of the Commission to mitigate risk factors and determine the prevalence and geographic distribution of transmissible wildlife diseases of wild birds and mammals, excluding those species under Federal jurisdiction, if the introduction or spread of such diseases poses a threat to human, domestic and wild animal, or environmental health and safety within or adjacent to this Commonwealth; and
Whereas, Previous executive orders concerning a RHD importation ban within this Commonwealth were issued by the Commission on July 9, 2021 and March 23, 2022; and
Whereas, The Commission has determined that the designation of an RHD Disease Management Area is required to implement necessary updates to the Commission's RHD Management Plan.
Now Therefore, I, BRYAN J. BURHANS, Executive Director of the Pennsylvania Game Commission, pursuant to the authority vested in me by the Code and regulations promulgated thereunder, do hereby order and direct the following:
1. An RHD DMA within this Commonwealth is designated as set forth below. This RHD-DMA is more graphically illustrated on the map titled ''Rabbit Hemorrhagic Disease—Disease Management Area # 1'' attached hereto and incorporated by reference herein. Should any conflict exist between the below-listed written boundaries and the map of Rabbit Hemorrhagic Disease—Disease Management Area # 1, the written descriptions shall prevail.
a. Rabbit Hemorrhagic Disease—Disease Management Area # 1: Fayette County, bounded and described as follows: Beginning west of Uniontown at the intersection of SR 21 and SR 3023 (Footedale Road) proceed North on SR 3023 (becoming S. Mill St in New Salem) for 4.7 miles to the intersection of SR 4010 (Searights Herbert Road). Follow SR 4010 east (becoming Pleasant View Smock Road then Upper Middletown Road finally Laurel Hill Road) for 9 miles to the intersection of SR 1051 (W. Crawford Ave). Follow SR 1051 east for .3 miles to SR 1049 (Eighty Acres Road). Follow SR 1049 east for 1.8 miles to the intersection of SR 119. Follow SR 119 south for 1.9 miles to the intersection of SR 2027 (Connellsville Road). Proceed south on SR 2027 for 2.7 miles to the intersection of SR 2021 (Coolspring Jumonville Road). Follow SR 2021 south and east for 1 mile to the intersection of SR 2023 (Hopwood Coolspring Road). Follow 2023 for 2.4 miles to the intersection SR 2040 (National Pike). Follow SR 2040 south for .2 miles to the intersection of SR 3027 (Hopwood Fairchance Road becoming Mountain Road). Follow SR 3027 (Mountain Road becoming N. Main St in Fairchance) southwest for 5 miles to the intersection of SR 3014 (W. Church St). Follow SR 3014 west (becoming Dry Knob Road) for 1.1 miles to the intersection Big Six Road. Turn right on Big Six Road for .3 mile to the intersection of SR 119 (Morgantown Road). Turn right on SR 119 and follow for .5 miles to the intersection of SR 3012 (York Run Road). Follow SR 3012 for 3.5 miles to the intersection of SR 3009 (Walnut Hill Road). Proceed north on SR 3009 for .8 miles to the intersection of Davis Road. Follow Davis Road becoming Sunshine Hollow Rd for 1 mile to the intersection of Kelly Rd. Turn sharp right and proceed east on Kelly Rd for 1 mile to the intersection of SR 21 (McClellandtown Road). Follow SR 21 east for .3 miles to the point of DMA Boundary origin.
2. The removal or export of any wild, free-ranging lagomorph and their parts or products (pelts, hides, carcasses, etc.) that are captured, collected, taken, harvested, or killed within any RHD-DMA within the Commonwealth is hereby prohibited. The removal or export of any wild, free-ranging lagomorph meat with or without bone for human consumption from any RHD-DMA is authorized.
3. The direct or indirect feeding of wild free-ranging lagomorphs within any RHD-DMA within the Commonwealth is hereby prohibited.
4. The capture, transport, rehabilitation, and release of any living wild free-ranging lagomorphs within any RHD-DMA within the Commonwealth is hereby prohibited.
5. This Order shall not be construed in any manner to limit the Commission's authority to establish additional or further authorizations or limitations relating to the monitoring for RHD and mitigation of any risk factors associated with its introduction or spread.
6. The previous executive order concerning the RHD importation ban within this Commonwealth issued by the Commission on March 23, 2022 and published in the Pennsylvania Bulletin on April 2, 2022 at 52 Pa.B. 2086 shall remain in effect and is not altered or limited by this order.
7. This Order is effective immediately and shall remain in effect until rescinded or modified by subsequent order.
Given under my hand and seal of the Pennsylvania Game Commission on this 28th day of September, 2022.
BRYAN J. BURHANS,
Executive Director
[Pa.B. Doc. No. 22-1591. Filed for public inspection October 14, 2022, 9:00 a.m.]
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