GAME COMMISSION [58 PA. CODE CH. 147] Special Permits [34 Pa.B. 3716] To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its April 20, 2004, meeting, adopted the following rulemaking:
Amend the following sections § 147.672 (relating to definitions) to expand the list of definitions; § 147.673 (relating to eligibility and application for DMAP) to remove limitations and expand eligibility for the Deer Management Assistance Program (DMAP); § 147.674 (relating to issuance of DMAP harvest permits) to establish separate fees related to submitting a DMAP coupon for a DMAP harvest permit for residents and nonresidents; and § 147.676 (relating to unlawful acts) to make it unlawful for a nonresident to apply for or possess a resident DMAP harvest permit.
The final-form rulemaking will have no 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 34 Pa.B. 1946 (April 10, 2004).
1. Introduction
The DMAP has been in effect for almost a full season and has already proven to be an asset to public and private landowners as a tool for the future management of local white-tailed deer herds on lands where excessive deer numbers have compromised the landowners' land uses and other interests. In response to these successes, the Commission has identified a few changes that could make the DMAP even more successful in the future.
2. Purpose and Authority
When the Commission first approved the DMAP regulations, they included language limiting DMAP applications to public land and private land enrolled in one of the Commission's public access programs for the 2003-2004 license year only. This language will no longer be in effect for the upcoming 2004-2005 license year. Therefore, the Commission amends § 147.673 by removing this language. In addition, the Commission amends § 147.673 to expand eligibility for the DMAP by allowing more private land, such as eligible hunting clubs, to be enrolled in the DMAP.
The Commission amends § 147.672 to expand the list of definitions to include ''hunting club'' and ''private land.'' Adding the definition of ''hunting club'' permits the Commission to effectively limit the types and size of clubs eligible for the DMAP. Defining ''private land'' permits the Commission to deny eligibility to private landowner applicants where hunting rights on that land are leased or where there is a fee charged for hunting.
Former regulations did not establish separate fees for residents and nonresident hunters who submit DMAP coupons for DMAP harvest permits. To stay consistent with related fee scales for antlerless deer licenses, the Commission amends § 147.674 to establish separate fees for residents and nonresident hunters who submit DMAP coupons for DMAP harvest permits
Formerly, there was no distinction between a resident and nonresident DMAP harvest permit. Since the separate fee schedule for resident and nonresident hunters was finally adopted, the regulations must provide limitations to prevent a nonresident hunter from applying for or possessing a resident DMAP harvest permit. The Commission amends § 147.676 to make it unlawful for a nonresident to apply for or possess a resident DMAP harvest permit.
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 322(c)(4) of the code (relating to powers and duties of commission) specifically authorizes the Commission to ''define geographic limitations or restrictions.'' 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 §§ 147.672--147.674 and 147.676 were adopted under this authority.
3. Regulatory Requirements
The final-form rulemaking defines and limits eligibility for the DMAP, establishes separate fees regarding submitting DMAP coupons for DMAP harvest permits for residents and nonresidents and makes it unlawful for nonresidents to apply for or possess resident DMAP harvest permits.
4. Persons Affected
Persons wishing to apply to have their land enrolled in the DMAP or persons wishing to submit DMAP coupons for DMAP harvest permits will be affected by the final-form rulemaking.
5. Comment and Response Summary
Twenty-six official comments were received regarding this final-form rulemaking. These comments were comprised of 1 letter and 20 e-mails in favor and 5 e-mails in opposition of the final-form rulemaking.
6. Cost and Paperwork Requirements
The final-form rulemaking should not result in additional cost or paperwork.
7. Effective Date
The final-form rulemaking will be effective on final-form publication in the Pennsylvania Bulletin and will remain in effect until changed by the Commission.
8. Contact Person
For further information regarding the 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 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 these 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 §§ 147.672, 147.673 and 147.676 to read as set forth at 34 Pa.B. 1946 and by amending § 147.674 to read as set forth in Annex A.
(b) The Executive Director of the Commission shall certify this order, 34 Pa.B. 1946 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.
VERNON R. ROSS,
Executive DirectorFiscal Note: Fiscal Note 48-182 remains valid for the final adoption of the subject regulations.
Annex A TITLE 58. RECREATION PART III. GAME COMMISSION CHAPTER 147. SPECIAL PERMITS Subchapter R. DEER CONTROL DEER MANAGEMENT ASSISTANCE
PROGRAM PERMITS§ 147.674. Issuance of DMAP harvest permits.
(a) DMAP harvest permits will be made available without regard to quota limitations and will be issued by the Commission.
(b) One coupon for the DMAP area may be issued each license year to persons who possess a valid Pennsylvania hunting license or qualify for license and fee exemptions under section 2706 of the act (relating to resident license and fee exemptions).
(c) Coupon holders shall mail the completed coupons to the Commission along with a check or money order payable to the ''Pennsylvania Game Commission.'' The fee for the coupon is $6 for residents and $26 for nonresidents.
(d) While hunting deer, the DMAP harvest permit shall be possessed by the hunter at all times.
[Pa.B. Doc. No. 04-1291. Filed for public inspection July 16, 2004, 9:00 a.m.]
