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PA Bulletin, Doc. No. 08-571



[58 PA. CODE CH. 147]

Special Permits

[38 Pa.B. 1473]
[Saturday, March 29, 2008]

   To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its January 29, 2008, meeting, adopted the following rulemaking:

   Create Chapter 147, Subchapter V (relating to agricultural damage depredation permit) to define and create the regulatory structure necessary to implement the new agricultural damage depredation permit program within this Commonwealth.

   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 37 Pa.B. 6753 (December 22, 2007).

1.  Purpose and Authority

   On July 3, 2007, Governor Rendell signed into law House Bill 881, which, in relevant part, amended section 2121 of the code (relating to killing game or wildlife to protect property) to permit the Commission to authorize other individuals to assist eligible landowners in the destruction of wildlife causing agricultural damage to their property. This bill became effective September 1, 2007, however, before the Commission could begin the issuance of permits to authorize the aforementioned activity, the Commission was required to define and create the regulatory structure to implement this new program. To that end, the Commission added Chapter 147, Subchapter V to define and create the regulatory structure necessary to implement the new agricultural damage depredation permit program within this Commonwealth.

   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 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 creation of Chapter 147, Subchapter V was adopted under this authority.

2.  Regulatory Requirements

   The final-form rulemaking created Chapter 147, Subchapter V to define and create the regulatory structure necessary to implement the new agricultural damage depredation permit program within this Commonwealth.

3.  Persons Affected

   Eligible landowners and persons wishing to assist eligible landowners with the destruction of wildlife causing agricultural damage on their property within this Commonwealth may be affected by the final-form rulemaking.

4.  Comment and Response Summary

   There were no official comments received regarding this final-form rulemaking.

5.  Cost and Paperwork Requirements

   The final-form rulemaking may result in a nominal increase in additional cost and paperwork to the Commission in implementing this new program, however, such an increase should be absorbed by the Commission's current budget or staffing, or both.

6.  Effective Date

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

7.  Contact Person

   For further information regarding the final-form rulemaking, contact Richard R. Palmer, Director, Bureau of Wildlife Protection, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717) 783-6526.


   The Commission finds that:

   (1)  Public notice of intention to adopt the administrative regulations 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 these regulations 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 adding §§ 147.761--147.765 to read as set forth at 37 Pa.B. 6753.

   (b)  The Executive Director of the Commission shall certify this order and 37 Pa.B. 6753 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: 48-259 remains valid for the final adoption of the subject regulations.

[Pa.B. Doc. No. 08-571. Filed for public inspection March 28, 2008, 9:00 a.m.]

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