GAME COMMISSION [58 PA. CODE CH. 147] Special Permits; Deer Control [35 Pa.B. 356] To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its June 29, 2004, meeting, adopted an amendment to § 147.663 (relating to fencing).
This final-form rulemaking will have no 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 34 Pa.B. 5166 (September 18, 2004).
1. Introduction
The Commission amended § 147.663 to permit the Executive Director to establish approved woven wire fencing designs and specifications.
2. Purpose and Authority
Section 147.661 (relating to tagging of deer taken) provides for permits to control deer within fenced enclosures constructed for the purpose of improving forest regeneration. Managers of private and public forestland, including the Commission, construct these fences. Formerly, § 147.663 required these fences to be constructed of woven wire and be at least 8 feet high with the bottom edge tight to the ground. The industry standard fencing commonly used in this application is built from two widths of 47 feet woven wire with the bottom 1 foot (approximately) folded over the ground to the outside, leaving an approximate total above ground height of only 7 feet. These fences are in widespread use by the Department of Conservation and Natural Resources and the Commission and clearly do not meet our current regulatory requirements. Upgrading existing 7 foot fences to meet current regulatory requirements would require substantial modification and add cost to forest management practices and would not likely result in any greater effectiveness in excluding deer. In fact, the foot of fencing sealing the structure at the ground actually increases the effectiveness of the fencing more than the additional 1-foot in height. The Commission amended § 147.663 to permit the Executive Director to establish approved woven wire fencing designs and specifications to be consistent with current industry standards.
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 amendment to § 147.663 was adopted under this authority.
3. Regulatory Requirements
This final-form rulemaking will permit the Executive Director to establish approved woven wire fencing designs and specifications.
4. Persons Affected
Persons wishing to apply for a deer control permit will be affected by this final-form rulemaking.
5. Comment and Response Summary
There were no official comments received regarding this final-form rulemaking.
6. Cost and Paperwork Requirements
This final-form rulemaking should not result in additional cost or paperwork.
7. Effective Date
This rulemaking will be effective upon final-form publication in the Pennsylvania Bulletin and will remain in effect until changed by the Commission.
8. Contact Person
For further information regarding this final-form rulemaking, contact Michael A. Dubaich, Director, Bureau of Law Enforcement, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717) 783-6526.
Findings
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.
Order
The Commission, acting under authorizing statute, orders that:
(a) The regulations of the Commission, 58 Pa. Code Chapter 147, are amended by amending § 147.663 to read as set forth at 34 Pa.B. 5166.
(b) The Executive Director of the Commission shall certify this order and 34 Pa.B. 5166 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.
VERNON R. ROSS,
Executive DirectorFiscal Note: Fiscal Note 48-195 remains valid for the final adoption of the subject regulation.
[Pa.B. Doc. No. 05-90. Filed for public inspection January 14, 2005, 9:00 a.m.]
