RULES AND REGULATIONS
[ 58 PA. CODE CH. 147 ]
Special Permits; Deer Control
[51 Pa.B. 2947]
[Saturday, May 22, 2021]
To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) at its April 10, 2021, meeting amended § 147.673 (relating to eligibility and application for DMAP) to make July 1 the deadline for DMAP applications.
This final-form rulemaking will not have an adverse impact on the wildlife resources of this Commonwealth.
The authority for this final-form rulemaking is 34 Pa.C.S. (relating to Game and Wildlife Code) (code).
Notice of proposed rulemaking was published at 51 Pa.B. 1345 (March 13, 2021).
1. Purpose and Authority
Section 147.673 formerly provided an application deadline of May 1st. Reviews by external users and Commission staff identified a deadline of May 1st as too early. For many users of DMAP, the May 1st deadline does not allow adequate time to collect post-winter data, analyze the data and incorporate those results into DMAP applications. In addition, a later deadline allows more time for landowners to prepare and submit applications. The Commission amended § 147.673 to make July 1 the deadline for DMAP applications.
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.'' The amendments to § 147.673 are adopted under this authority.
2. Regulatory Requirements
This final-form rulemaking amends § 147.673 to make July 1 the deadline for DMAP applications.
3. Persons Affected
Persons wishing to make application to participate in the DMAP program will be affected by this final-form rulemaking.
4. Comment and Response Summary
The Commission received a total of two comments concerning this final-form rulemaking. Both comments supported this final-form rulemaking.
5. Cost and Paperwork Requirements
This final-form rulemaking should not result in any additional cost or paperwork.
6. Effective Date
This 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 this final-form rulemaking, contact Jason L. DeCoskey, Director, Bureau of Wildlife Protection, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717) 783-6526.
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), known as the Commonwealth Documents Law, and the regulations thereunder, 1 Pa. Code §§ 7.1 and 7.2 (relating to notice of proposed rulemaking; and adoption of regulations).
(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.
The Commission, acting under the authorizing statute, orders that:
(a) The regulations of the Commission, 58 Pa. Code Chapter 147, are amended by amending § 147.673 to read as set forth in Annex A.
(b) The Executive Director of the Commission shall certify this order 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.
BRYAN J. BURHANS,
Fiscal Note: Fiscal Note 48-466 remains valid for the final adoption of the subject regulation.
TITLE 58. RECREATION
PART III. GAME COMMISSION
CHAPTER 147. SPECIAL PERMITS
Subchapter R. DEER CONTROL
DEER MANAGEMENT ASSISTANCE PROGRAM PERMITS
§ 147.673. Eligibility and application for DMAP.
(a) Owners or lessees of private land, hunting clubs or authorized officers or employees of political subdivisions or government agencies are eligible to make application for a DMAP.
(1) Applications shall be submitted on a form provided by the Commission to a regional office by July 1 immediately preceding the first fall deer season and include the name of the owner, lessee, political subdivision or government agency that is applying for the DMAP and the name and address of the contact person for the DMAP as well as other information required on the application.
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[Pa.B. Doc. No. 21-845. Filed for public inspection May 21, 2021, 9:00 a.m.]
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