1513 Special permits; application for agriculture deer control permits

GAME COMMISSION

[ 58 PA. CODE CH. 147 ]

Special Permits; Application for Agriculture Deer Control Permits

[42 Pa.B. 5216]
[Saturday, August 11, 2012]

 To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) at its June 26, 2012, meeting amended § 147.552 (relating to application) to replace the reference to ''wildlife management units 5C and 5D'' with the more appropriate reference to ''the southeast special regulations areas.''

 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 42 Pa.B. 3270 (June 9, 2012).

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. On February 1, 2011, the Commission amended § 147.552 and § 147.556 (relating to 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's reference to WMUs 5C and 5D was in error as this geographical reference is not compatible with the term ''special regulations areas'' as referenced in section 2308(b)(2)(iii) of the act (relating to unlawful devices and methods) and described in § 141.1(b) (relating to special regulations areas). The Commission amended § 147.552 to replace the reference to ''wildlife management units 5C and 5D'' with the more appropriate reference to the ''southeast special regulations areas.''

 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 amendments to § 147.552 were adopted under this authority.

2. Regulatory Requirements

 The final-form rulemaking amended § 147.552 to replace the reference to ''wildlife management units 5C and 5D'' with the more appropriate reference to the ''southeast special regulations areas.''

3. Persons Affected

 Persons wishing to hunt white-tailed deer through the use of bait on approved red tag properties will 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 final-form 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 to read as set forth at 42 Pa.B. 3270.

 (b) The Executive Director of the Commission shall certify this order and 42 Pa.B. 3270 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 48-343 remains valid for the final adoption of the subject regulation.

[Pa.B. Doc. No. 12-1513. Filed for public inspection August 10, 2012, 9:00 a.m.]