559 Special permits; white-tailed deer?

GAME COMMISSION

[ 58 PA. CODE CH. 147 ]

Special Permits; White-Tailed Deer

[41 Pa.B. 1767]
[Saturday, April 2, 2011]

 To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its February 1, 2011, meeting, amended §§ 147.552 and 147.556 (relating to application; and lawful devices and methods) to create a focused, limited authorization permitting the baiting of white-tailed deer in wildlife management units (WMUs) 5C and 5D on approved properties enrolled in the Red Tag Program.

 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 40 Pa.B. 6689 (November 20, 2010).

1. Purpose and Authority

 On March 31, 2010, the Commission's 3-year evaluation of the effectiveness of a broad scale and widely accessible authorization permitting the baiting of white-tailed deer across the southeast special regulations areas expired. The Commission's final review of the baiting authorization generally concluded that broad scale and widely accessible baiting did not establish viable increases in harvest rates to justify an extension of the experimental program. In furtherance of the Commission's continuing efforts to find effective tools to manage the population on agriculture lands in this Commonwealth, the Commission amends §§ 147.552 and 147.556 to create a focused, limited authorization permitting the baiting of white-tailed deer in WMUs 5C and 5D on approved properties enrolled in the Red Tag Program.

 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.'' The amendments to §§ 147.552 and 147.556 are adopted under this authority.

2. Regulatory Requirements

 The final-form rulemaking amends §§ 147.552 and 147.556 by adding language to create a focused, limited authorization permitting the baiting of white-tailed deer in WMUs 5C and 5D on approved properties enrolled in the Red Tag Program.

3. Persons Affected

 Persons engaged in Red Tag white-tailed deer control activities in WMUs 5C and 5D may 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, [phone].

Findings

 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.

Order

 The Commission, acting under authorizing statute, orders that:

 (a) The regulations of the Commission, 58 Pa. Code Chapter 147, are amended by amending §§ 147.552 and 147.556 to read as set forth at 40 Pa.B. 6689.

  (b) The Executive Director of the Commission shall certify this order and 40 Pa.B. 6689 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.

CARL G. ROE, 
Executive Director

 Fiscal Note: Fiscal Note 48-316 remains valid for the final adoption of the subject regulations.

[Pa.B. Doc. No. 11-559. Filed for public inspection April 1, 2011, 9:00 a.m.]