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PA Bulletin, Doc. No. 11-2185




[ 58 PA. CODE CH. 137 ]

Wildlife; Chronic Wasting Disease

[41 Pa.B. 6879]
[Saturday, December 24, 2011]

 To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) at its October 4, 2011, meeting amended § 137.34 (relating to Chronic Wasting Disease and emergency authority of Director) to update its terminology and procedures to be consistent with the Commonwealth's Interagency Chronic Wasting Disease Response Plan.

 The final-form rulemaking will not have an 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 41 Pa.B. 4637 (August 27, 2011).

1. Purpose and Authority

 The recent discovery of Chronic Wasting Disease in a free-ranging deer in Allegany County, Maryland, just over 10 miles from the Pennsylvania border, prompted a review and updating of the Commonwealth's Interagency Chronic Wasting Disease Response Plan. This update necessitates amending § 137.34 to bring the terminology and procedures in the regulation in line with the response plan.

 Section 322(c)(9) of the code (relating to powers and duties of commission) specifically empowers the Commission to ''Prohibit the possession, importation, exportation or release of any species of birds or animals which may be considered dangerous or injurious to the general public or to the wildlife of this Commonwealth.'' 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 § 137.34 are adopted under this authority.

2. Regulatory Requirements

 The final-form rulemaking amends § 137.34 by adding language to update its terminology and procedures to be consistent with the Commonwealth's Interagency Chronic Wasting Disease Response Plan.

3. Persons Affected

 Persons wishing to import, hunt, feed, possess or rehabilitate deer within this Commonwealth will be affected by the final-form rulemaking.

4. Comment and Response Summary

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

5. Cost and Paperwork Requirements

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

6. 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.

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 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 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.


 The Commission, acting under the authorizing statute, orders that:

 (a) The regulations of the Commission, 58 Pa. Code Chapter 137, are amended by amending § 137.34 to read as set forth in Annex A.

 (b) The Executive Director of the Commission shall certify this order and Annex A 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 48-330 remains valid for the final adoption of the subject regulation.

Annex A




§ 137.34. Chronic Wasting Disease and emergency authority of Director.

 (a) The Director has emergency authority to take actions to mitigate risk factors and to determine the prevalence and geographic distribution of Chronic Wasting Disease (CWD), if the Director concludes that the spread of CWD poses a threat to human safety, farm animals, pets or other cervids within or adjacent to this Commonwealth.

 (1) The Director has emergency authority to:

 (i) Prohibit the importation of high risk cervid parts from areas that are known to harbor CWD.

 (ii) Define and designate Disease Management Areas (DMAs) in this Commonwealth.

 (2) The Director has emergency authority within designated DMAs to:

 (i) Allow the taking of cervids without regard to established seasons and bag limits and methods of take.

 (ii) Require mandatory checking of hunter-killed cervids.

 (iii) Prohibit the removal of high risk cervid parts.

 (iv) Prohibit the rehabilitation of cervids.

 (v) Prohibit the use and possession of cervid urine-based attractants.

 (vi) Prohibit the feeding of cervids.

 (vii) Prohibit any new permits to possess or transport live cervids.

 (3) Notwithstanding paragraphs (1) and (2), the emergency authority of the Director will not be construed to extend to the regulation of captive cervids held under 3 Pa.C.S. Chapter 27 (relating to Domestic Animal Law) or the requirements of a lawful quarantine order issued by the Department of Agriculture.

 (b) It is unlawful for a person to violate a provision of an Executive Order issued by the Director under the authority of this section. A person violating this section will, upon conviction, be sentenced to pay the fine prescribed in the act.

[Pa.B. Doc. No. 11-2185. Filed for public inspection December 23, 2011, 9:00 a.m.]

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