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PA Bulletin, Doc. No. 99-2131

PROPOSED RULEMAKING

GAME COMMISSION

[58 PA. CODE CH. 147]

Deer Control Permits

[29 Pa.B. 6340]

   To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) at its October 5, 1999, meeting proposed the following amendments:

   Amend Chapter 147, Subchapter R (relating to agriculture deer control) to provide more relief to qualified farmers and expand opportunities for junior resident license holders.

   These proposed amendments will have no adverse impact on the wildlife resources of this Commonwealth.

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

   This proposal was made public at the October 5, 1999, meeting of the Commission, and comments on this proposal may be sent to the Executive Director of the Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, until December 31, 1999.

1.  Introduction

   To more effectively manage the wildlife resources of this Commonwealth, the Commission at its October 5, 1999, meeting proposed amendments to Chapter 147, Subchapter R (relating to deer control). The changes involve the authorization of twice the number of subpermits, the issuance of subpermits to residents under 18 years of age and to those who qualify for license and fee exemptions, and reporting on a monthly rather than weekly basis. This change was proposed under section 2901(b) of the code (relating to regulations for permits).

2.  Purpose and Authority

   The regulations currently in place for the issuance of agricultural deer control permits currently authorize the issuance of a maximum of one subpermit for every 10 acres under cultivation (§ 147.553), prohibit issuance of subpermits to residents under 18 years of age (§ 147.554), do not provide for issuance of subpermits to individuals exempt from license and fee requirements and require weekly reports of activities conducted under the permits (§ 147.557). As a result of comments and input received from the agricultural community, the Commission has decided to propose changes in the requirements as outlined previously.

   Section 2901(b) of the code authorizes the Commission to promulgate regulations for the issuance of any permit. This provides the authority for the proposed changes.

3.  Regulatory Requirements

   The proposed changes will relax and expand existing requirements.

4.  Persons Affected

   Persons wishing to obtain an agricultural deer control permit and their subpermittees will be affected by the proposed changes.

5.  Cost and Paperwork Requirement

   The proposed changes will increase the number of subpermits that can be issued but will reduce the number of required reports.

7.  Effective Date

   These changes 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 proposed changes, contact Thomas R. Littwin, Acting Director, Bureau of Law Enforcement, (717) 783-6526, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797.

VERNON R. ROSS,   
Executive Director

   Fiscal Note:  48-115. No fiscal impact; (8) recommends adoption.

Annex A

TITLE 58.  RECREATION

PART III.  GAME COMMISSION

CHAPTER 147.  SPECIAL PERMITS

Subchapter R.  DEER CONTROL

AGRICULTURE

§ 147.553.  Permit.

   The deer control permit authorizes the permittee to enlist the aid of a limited number of subpermits. The maximum number of subpermits issued will be no more than one for every [10] 5 acres of land that is under cultivation enrolled in the Deer Damage Area Program unless the wildlife conservation officer recommends an increase in the number due to warranted circumstances.

*      *      *      *      *

§ 147.554.  Subpermit.

   The permittee may acquire from the Commission subpermits, not to exceed the number provided for in § 147.553 (relating to permit), to be issued to qualified individuals of the permittee's choosing for the purpose of removing deer from the permittee's property by shooting. There is no fee charged for the subpermit. Qualifications are as follows:

   (1)  A subpermit will only be issued to residents of this Commonwealth who [are at least 18 years of age and] possess a valid resident hunting license or qualify for license and fee exemptions under section 2706 of the act (relating to resident license and fee exemptions).

*      *      *      *      *

§ 147.557.  Reporting of deer taken.

   The permittee shall report, on a form provided by the Commission, the number of deer killed and other information the Commission deems necessary. The completed report shall be submitted to the district wildlife conservation officer within 5 days after the end of each [week] month while the permit is valid. If no deer are killed, a negative report shall be submitted.

[Pa.B. Doc. No. 99-2131. Filed for public inspection December 17, 1999, 9:00 a.m.]



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