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PA Bulletin, Doc. No. 99-302



[58 PA. CODE CH. 147]

Deer Depredation Permit

[29 Pa.B. 1072]

   To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) at its January 12, 1999, meeting, adopted the following change:

   Amend § 147.552 (relating to application) to allow applications for a deer depredation permit to be received from persons who have been enrolled in the Deer Damage Area Program or one of the Commission public access programs for at least two hunting seasons.

   These amendments are hereby adopted under the authority of 34 Pa.C.S. (relating to Game and Wildlife Code) (code).

1.  Introduction

   To more effectively manage the wildlife resources of this Commonwealth, the Commission at its October 6, 1998, meeting proposed, and at its January 12, 1999, meeting finally adopted a change to § 147.552 (relating to application) to reduce the requirement of enrollment in the Deer Damage Area Program for an agricultural deer control permit from at least 2 years to at least two hunting seasons. This change was adopted under the authority contained in section 2901(b) of the code relating to regulations for permits.

2.  Purpose and Authority

   Previously, for a person to qualify for an agricultural deer control permit, the area to be included had to be enrolled in the Deer Damage Area Program for at least 2 years. After discussions with a number of agricultural and sportsmen groups, it has been determined that what is important from a deer control point of view is the number of hunting seasons a farm has been enrolled in the deer damage area program rather than the number of years of enrollment. The adopted change will accomplish this modification and somewhat reduce the requirement.

   Section 2901(b) of the code relating to regulations for permits, authorizes the Commission to promulgate regulations for the issuance of any permit. This provides the authority for the adopted change.

3.  Regulatory Requirements

   The adopted change will relax an existing requirement.

4.  Persons Affected

   Only persons wishing to obtain an agricultural deer control permit will be affected by the adopted change.

5.  Comment and Response Summary

   No official comments were received with regard to the adopted change.

6.  Cost and Paperwork Requirement

   The adopted change should not result in any additional cost or paperwork.

7.  Effective Date

   This change will be effective on final publication in the Pennsylvania Bulletin and will remain in effect until changed by the Commission.

8.  Contact Person

   For further information on the adopted change contact James R. Fagan, Director, Bureau of Law Enforcement, (717) 783-6526, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797.


   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.


   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 28 Pa.B. 6185 (December 19, 1998).

   (b)  The Executive Director of the Commission shall submit this order and 28 Pa.B. 6185 and deposit them with the Legislative Reference Bureau as required by law.

   (c)  This order amending § 147.552, shall become effective upon final publication in the Pennsylvania Bulletin.

Executive Director

   Fiscal Note:  Fiscal Note 48-106 remains valid for the final adoption of the subject regulation.

[Pa.B. Doc. No. 99-302. Filed for public inspection February 26, 1999, 9:00 a.m.]

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