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PA Bulletin, Doc. No. 05-707



[58 PA. CODE CH. 147]

Special Permits; Possession of Deer Accidentally Killed by a Motor Vehicle

[35 Pa.B. 2306]

   To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its January 25, 2005, meeting, adopted an amendment to § 147.142 (relating to possession of deer accidentally killed by a motor vehicle).

   The final-form rulemaking will have no adverse impact on the wildlife resources of this Commonwealth.

   The authority for the final-form rulemaking is 34 Pa.C.S. (relating to Game and Wildlife Code) (code).

   Notice of proposed rulemaking was published at 34 Pa.B. 6549 (December 11, 2004).

1.  Introduction

   The Commission amended § 147.142 to permit the issuance of permit ''numbers'' rather than ''paper'' permits to validate lawful possession of road-killed deer and facilitate cost and personnel timesavings for the Commission.

2.  Purpose and Authority

   Formerly, any individual who wished to take possession of an accidentally road-killed deer had to apply for a possession permit through their local Commission regional office within 24 hours of taking possession of the deer. After the Commission received an application for a permit, its personnel had to commit time to completing and issuing the ''paper'' permit and recording its information. The cumulative cost of the time spent executing these tasks in addition to the postage costs for mailing a ''paper'' permit to each applicant was quite substantial. To promote cost and personnel timesavings, as well as streamline and simplify the permitting process, the Commission amended § 147.142 to allow the issuance of permit ''numbers'' by phone rather than ''paper'' permits by mail. This should make it easier for applicants to receive a permit as well as make it less costly and time consuming for the Commission to issue the same.

   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.'' Section 2102(a) of the code (relating to regulations) provides that ''The commission shall promulgate such regulations as it deems necessary and appropriate concerning game or wildlife . . . in this Commonwealth, including regulations relating to the protection, preservation and management of game or wildlife . . . in this Commonwealth.'' The amendment to § 147.142 was adopted under this authority.

3.  Regulatory Requirements

   The final-form rulemaking will require possession permit applicants to obtain a permit ''number'' rather than a ''paper'' permit to validate lawful possession of an accidentally road-killed deer.

4.  Persons Affected

   Persons who wish to take possession of an accidentally road-killed deer will be affected by the final-form rulemaking.

5.  Comment and Response Summary

   One official written comment was received in opposition to this final-form rulemaking.

6.  Cost and Paperwork Requirements

   The final-form rulemaking should reduce cost and paperwork related to possession permits for accidentally road-killed deer.

7.  Effective Date

   The final-form rulemaking will be effective upon publication in the Pennsylvania Bulletin and will remain in effect until changed by the Commission.

8.  Contact Person

   For further information regarding the final-form rulemaking, contact Michael A. Dubaich, Director, Bureau of Law Enforcement, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717) 783-6526.


   The Commission finds that:

   (1)  Public notice of intention to adopt the administrative amendment 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.

   (2)  The adoption of the amendment of the Commission in the manner provided in this order is necessary and appropriate for the administration and enforcement of the authorizing statute.


   The Commission, acting under authorizing statute, orders that:

   (a)  The regulations of the Commission, 58 Pa. Code Chapter 147, are amended by amending § 147.142 to read as set forth at 34 Pa.B. 6549.

   (b)  The Executive Director of the Commission shall certify this order and 34 Pa.B. 6549 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.

Executive Director

   Fiscal Note: Fiscal Note 48-197 remains valid for the final adoption of the subject regulation.

[Pa.B. Doc. No. 05-707. Filed for public inspection April 15, 2005, 9:00 a.m.]

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