RULES AND REGULATIONS

Title 58—RECREATION

GAME COMMISSION

[58 PA. CODE CH. 147]

Special Permits; Deer Control; Deer Management Assistance Program Permits

[52 Pa.B. 5472]
[Saturday, August 27, 2022]

 To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) atits July 9, 2022, meeting amends § 147.672 (relating to definitions) to expand the application of the term ''private land'' to lands where the hunting rights have been leased and where a fee has been charged for hunting.

 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 52 Pa.B. 3106 (May 28, 2022).

1. Purpose and Authority

 The Commission amends § 147.672 to expand the application of the term ''private land'' to lands where the hunting rights have been leased and where a fee has been charged for hunting. This amendment will effectively expand the meaning of the term, ''private land'' to include lands otherwise previously ineligible for participation in the Deer Management Assistance Program (DMAP). The Commission has determined that the quantity of land where the hunting rights have been leased and where a fee has been charged for hunting is approximately 5% as reported by hunters. By excluding DMAP on leased land, the only tool the Commission is giving these landowners or lessees to address deer population concerns and their land use goals are Wild Management Unit (WMU)-based, allocations which may not be enough. DMAP provides an additional means for landowners to manage deer to meet their land-use goals outside of the WMU-based antlerless allocations. Fundamentally, there is no difference between DMAP on leased land and DMAP on private land with no public access. Both can restrict hunting access and both need the proper tools to meet their goals. Historic restrictions of DMAP permits for certain lands to encourage public access did not lead to significantly more public access or prevention of leased lands. Leased lands still exist and are part of the landscape of this Commonwealth.

 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 § 147.672 are adopted under this authority.

2. Regulatory Requirements

 This final-form rulemaking amends § 147.672 to expand the application of the term ''private land'' to lands where the hunting rights have been leased and where a fee has been charged for hunting.

3. Persons Affected

 Private landowners who participate in the DMAP program will be affected by this final-form rulemaking.

4. Comment and Response Summary

 There were no official comments received regarding 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 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.

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), referred to as the Commonwealth Documents Law and the regulations thereunder, 1 Pa. Code §§ 7.1 and 7.2 (relating to notice of proposed rulemaking required; 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.

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 to read as set forth in Annex A, with ellipses referring to the existing text of the regulations.

 (b) The Executive Director of the Commission shall certify this order and Annex A and deposit them with the Legislative Reference Bureau as required by law.

 (c) This order shall become effective upon publication in the Pennsylvania Bulletin.

BRYAN J. BURHANS, 
Executive Director

 Fiscal Note: Fiscal Note 48-478 remains valid for the final adoption of the subject regulation.

Annex A

TITLE 58. RECREATION

PART III. GAME COMMISSION

CHAPTER 147. SPECIAL PERMITS

Subchapter R. DEER CONTROL

DEER MANAGEMENT ASSISTANCE PROGRAM PERMITS

§ 147.672. Definitions.

*  *  *  *  *

 Hunting club—A corporation or legal cooperative which owns its enrolled acres in fee title, was established prior to January 1, 2000, and has provided its club charter and list of current members to the Commission.

 Private land—Land not defined as public land.

 Public land—Any land owned or controlled by a Federal or State agency, or municipal political subdivision.

[Pa.B. Doc. No. 22-1289. Filed for public inspection August 26, 2022, 9:00 a.m.]

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