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PA Bulletin, Doc. No. 08-2290



[ 58 PA. CODE CH. 147 ]

Special Permits

[38 Pa.B. 6929]
[Saturday, December 20, 2008]

   To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its October 24, 2008, meeting, adopted the following rulemaking:

   Amend §§ 147.322, 147.324 and 147.325 (relating to application for deer control permit; privileges authorized under the permit; and special conditions of permit) to expand the list of authorized applicants to also include homeowners associations and nonprofit land-holding organizations.

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

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

   Notice of proposed rulemaking was published at 38 Pa.B. 4526 (August 16, 2008).

   1.  Purpose and Authority

   In developed landscapes, lower deer populations result in fewer deer/human conflicts. Therefore, alternative herd reduction tools are necessary for communities to address growing deer populations. Although the Commission is directed by law to use hunting in managing white-tailed deer, hunting is not always feasible in an urbanized setting. Formerly, only political subdivisions could apply for a Deer Control Permit. Recognizing that urban deer issues do not always involve an entire township or borough, the Commission amended §§ 147.322, 147.324 and 147.325 to expand the list of authorized applicants to also include homeowners associations and nonprofit land-holding organizations. This does not change the requirements or review process of an application for permits. It merely makes this tool available to more groups experiencing unacceptable levels of deer/human conflicts in a developed area.

   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 amendments to §§ 147.322, 147.324 and 147.325 were adopted under this authority.

   2.  Regulatory Requirements

   The final-form regulations will amend §§ 147.322, 147.324 and 147.325 to expand the list of authorized applicants to also include homeowners associations and nonprofit land-holding organizations.

   3.  Persons Affected

   Homeowners associations and nonprofit land-holding organizations wishing to engage in deer control activities within this Commonwealth may be affected by the final-form regulations.

   4.  Comment and Response Summary

   The Commission received one official written comment concerning the final-form regulations. The comment was in support of making homeowner's associations eligible to apply for and receive deer control permits from the Commission.

   5.  Cost and Paperwork Requirements

   The final-form regulations should not result in any additional cost or paperwork.

   6.  Effective Date

   The final-form regulations 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 regulations, contact Richard A. 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 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.

   (2)  The adoption of these amendments 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 §§ 147.322, 147.324 and 147.325 to read as set forth at 38 Pa.B. 4526.

   (b)  The Executive Director of the Commission shall certify this order and 38 Pa.B. 4526 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 48-272 remains valid for the final adoption of the subject regulations.

[Pa.B. Doc. No. 08-2290. Filed for public inspection December 19, 2008, 9:00 a.m.]

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