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PA Bulletin, Doc. No. 04-2182


[58 PA. CODE CH. 147]

Special Permits; Possession of Deer Accidentally Killed by a Motor Vehicle

[34 Pa.B. 6549]

   To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its October 5, 2004, meeting, proposed the following rulemaking:

   Amend § 147.142 (relating to possession of deer accidentally killed by a motor vehicle) to permit the issuance of permit ''numbers'' rather than ''paper'' permits to validate lawful possession of road-killed deer and facilitate cost and personnel timesavings for the Commission.

   The proposed rulemaking will have no adverse impact on the wildlife resources of this Commonwealth.

   The authority for the proposed rulemaking is 34 Pa.C.S. (relating to Game and Wildlife Code) (code).

   The proposed rulemaking was made public at the October 5, 2004, meeting of the Commission, and comments can be sent to the Director, Information and Education, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, until January 21, 2005.

1.  Purpose and Authority

   Currently, any individual who wishes to take possession of an accidentally road-killed deer shall apply for a possession permit through his local Commission regional office within 24 hours of taking possession of the deer. After the Commission receives an application for a permit, its personnel must commit time to completing and issuing the ''paper'' permit and recording its information. The cumulative cost of the time spent executing these tasks in addition to the postage costs for mailing a ''paper'' permit to each applicant is quite substantial. To promote cost and personnel timesavings, as well as streamline and simplify the permitting process, the Commission is proposing to amend § 147.142 to allow the issuance of permit ''numbers'' by phone rather than ''paper'' permits by mail. This should make it easier for applicants to receive a permit as well as make it less costly and time consuming for the Commission to issue the same.

   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 . . . in this Commonwealth, including regulations relating to the protection, preservation and management of game or wildlife . . . in this Commonwealth.'' The proposed rulemaking is made under this authority.

2.  Regulatory Requirements

   The proposed rulemaking will require possession permit applicants to obtain a permit ''number'' rather than a ''paper'' permit to validate lawful possession of an accidentally road-killed deer.

3.  Persons Affected

   Persons who wish to take possession of an accidentally road-killed deer will be affected by the proposed rulemaking.

4.  Cost and Paperwork Requirements

   The proposed rulemaking should reduce cost and paperwork related to possession permits for accidentally road-killed deer.

5.  Effective Date

   The proposed rulemaking will be effective on final-form publication in the Pennsylvania Bulletin and will remain in effect until changed by the Commission.

6.  Contact Person

   For further information regarding the proposed rulemaking, contact Michael A. Dubaich, Director, Bureau of Law Enforcement, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717) 783-6526.

Executive Director

   Fiscal Note:  48-197. No fiscal impact; (8) recommends adoption.

Annex A





§ 147.142.  Possession of deer accidentally killed by a motor vehicle.

   (a)  A resident of this Commonwealth may immediately take possession of a deer accidentally killed on the highway and transport it to a place of safekeeping within this Commonwealth. The person taking possession shall [apply, through] contact a regional office or a local [commission] Commission officer, for a permit number within 24 hours after having taken possession of the deer. The permit number shall be considered a valid permit for the purposes of the act and this part and shall be valid for a period not to exceed 120 days from the date of issuance [and shall set forth other conditions which may be required. The deer shall be retained on the premises of the permittee unless otherwise provided on the permit]. The whole or any part of the deer may not be given to any person nor may any edible part be removed from the recipient's place of residence. The recipient may not sell or transfer the hide to another party except the hide may be given to the deer processor. Unused parts of the deer must be disposed of lawfully.

   (b)  It is unlawful:

   (1)  To possess a deer accidentally killed on the highway for more than 24 hours without applying for a permit number.

*      *      *      *      *

   (3)  To fail to comply with one or more conditions [on] of the permit.

*      *      *      *      *

[Pa.B. Doc. No. 04-2182. Filed for public inspection December 10, 2004, 9:00 a.m.]

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