GAME COMMISSION [ 58 PA. CODE CHS. 141 AND 147 ] Hunting and Trapping; Special Permits [44 Pa.B. 3098]
[Saturday, May 24, 2014]To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) at its April 8, 2014, meeting amended § 141.1 (relating to special regulations areas) and adopted §§ 147.681—147.687 (relating to deer attractant permit) to create and implement a deer attractant permit to authorize limited baiting activities on private property in the southeast special regulations area.
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 44 Pa.B. 1438 (March 15, 2014).
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 area 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. On February 1, 2011, the Commission 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 (WMU) 5C and 5D on approved properties enrolled in the ''Red Tag'' program. See 41 Pa.B. 1767 (April 2, 2011). The Commission amended § 141.1 and adopted §§ 147.681—147.687 to create and implement a deer attractant permit to authorize limited baiting activities on private property in the southeast special regulations area.
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.'' Sections 147.681—147.687 and the amendments to § 141.1 are adopted under this authority.
2. Regulatory Requirements
The final-form rulemaking amends § 141.1 and adds §§ 147.681—147.687 to create and implement a deer attractant permit to authorize limited baiting activities on private property in the southeast special regulations area.
3. Persons Affected
Persons wishing to hunt or take game wildlife in the southeast special regulations area may be affected by the final-form rulemaking.
4. Comment and Response Summary
The Commission received a total of nine written comments in support of the final-form rulemaking.
5. Cost and Paperwork Requirements
The final-form rulemaking may result in some additional cost and paperwork associated with the creation and implementation of this new permit in the Commission's existing permitting system. However, the Commission has determined that if there is additional expense associated with this effort, it will not be substantial and would be absorbed by the current budget.
6. Effective Date
The amendments to § 141.1 will be effective upon publication in the Pennsylvania Bulletin and will remain in effect until changed by the Commission. Sections 147.681—147.687 become effective July 1, 2014, and expire and are rendered void on June 30, 2017, unless the Commission further authorizes their legal effectiveness prior to this termination date.
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.
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 the authorizing statute, orders that:
(a) The regulations of the Commission, 58 Pa. Code Chapters 141 and 147, are amended by amending § 141.1 and by adding §§ 147.681—147.687 to read as set forth at 44 Pa.B. 1438.
(b) The Executive Director of the Commission shall certify this order and 44 Pa.B. 1438 and deposit them with the Legislative Reference Bureau as required by law.
(c) The amendments to § 141.1 will be effective upon publication in the Pennsylvania Bulletin. Sections 147.681—147.687 become effective July 1, 2014, and expire and are rendered void on June 30, 2017, unless the Commission further authorizes their legal effectiveness prior to this termination date.
R. MATTHEW HOUGH,
Executive DirectorFiscal Note: Fiscal Note 48-365 remains valid for the final adoption of the subject regulations.
[Pa.B. Doc. No. 14-1087. Filed for public inspection May 23, 2014, 9:00 a.m.]
