Pennsylvania Code & Bulletin

• No statutes or acts will be found at this website.

The Pennsylvania Bulletin website includes the following: Rulemakings by State agencies; Proposed Rulemakings by State agencies; State agency notices; the Governor’s Proclamations and Executive Orders; Actions by the General Assembly; and Statewide and local court rules.

PA Bulletin, Doc. No. 18-822




[ 58 PA. CODE CHS. 141 AND 147 ]

Hunting and Trapping; Special Permits

[48 Pa.B. 3089]
[Saturday, May 26, 2018]

 To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its April 24, 2018, meeting, amended § 141.1 (relating to special regulations areas) and rescinded §§ 147.681—147.686 to eliminate the baiting permit and reporting requirements.

 This final-form rulemaking will not have an adverse impact on the wildlife resources of this Commonwealth.

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

 Notice of proposed rulemaking was published at 48 Pa.B. 1685 (March 24, 2018).

1. Purpose and Authority

 The Commission amends § 141.1 and rescinds §§ 147.681—147.686 to eliminate the baiting permit and reporting requirements. All other standards and requirements will remain the same.

 Section 2308(a)(8) of the code (relating to unlawful devices and methods) generally prohibits a person hunting game or wildlife through the use of or by taking advantage of any artificial or natural bait. Section 2308(b)(2)(iii) of the code provides an exception to this prohibition for licensed hunters hunting deer in special regulations areas, other than counties of the second class. Section 2102(a) of the code (relating to regulations) provides that ''[t]he 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 § 141.1 and the rescission of §§ 147.681—147.686 are adopted under this authority.

2. Regulatory Requirements

 This final-form rulemaking amends § 141.1 and rescinds §§ 147.681—147.686 to eliminate the baiting permit and reporting requirements.

3. Persons Affected

 Persons wishing to hunt white-tailed deer in the Southeast special regulations area may be affected by this final-form rulemaking.

4. Comment and Response Summary

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

5. Cost and Paperwork Requirements

 This final-form rulemaking should not result in additional cost or paperwork. This final-form rulemaking will significantly reduce cost and paperwork requirements for individuals that formerly were required to acquire and maintain a permit, as well as comply with related reporting requirements.

6. Effective Date

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

7. Contact Person

 For further information regarding this final-form rulemaking, contact Randy L. Shoup, 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 Chapters 141 and 147, are amended by deleting §§ 147.681—147.686 and amending § 141.1 to read as set forth at 48 Pa.B. 1685.

 (b) The Executive Director of the Commission shall certify this order and 48 Pa.B. 1685 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 48-429 remains valid for the final adoption of the subject regulations.

[Pa.B. Doc. No. 18-822. Filed for public inspection May 25, 2018, 9:00 a.m.]

No part of the information on this site may be reproduced for profit or sold for profit.

This material has been drawn directly from the official Pennsylvania Bulletin full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.