PROPOSED RULEMAKING
[58 PA. CODE CH. 147]
Special Permits
[40 Pa.B. 1761]
[Saturday, April 3, 2010]To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) proposed the following rulemaking at its January 26, 2010, meeting:
Amend § 147.701 (relating to general) to update and implement the restructured permitting process for bobcats and fishers.
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 January 26, 2010, meeting of the Commission. Comments can be sent to the Director, Information and Education, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, until April 14, 2010.
1. Purpose and Authority
During the fall 2001, the Commonwealth reopened hunting/trapping season on bobcats after many years of closure. Even since this initial season, the Commission has continued to regulate the harvest of bobcats by limiting the allocation of available permits to hunt or trap them. Less permits allocated equals less bobcats harvested, or so the logic goes. As the years have passed by,the Commission has recognized a significant increasein bobcat population indices. The Commission has determined that while this harvest regulation methodology certainly remains effective, it can effectively manage harvest by season length instead and increase bobcat hunting/trapping participation opportunity at the same time. Despite the availability of an unlimited number of permits, the Commission has determined that it is prudent to retain the bobcat permitting system to continue to assess interest, participation, effort and harvest during a bobcat taking season. Drafting off of this new bobcat ''season length'' harvest management model, the Commission is also creating new limited opportunities to trap fishers within this Commonwealth due to rebounding fisher populations in certain areas of the State. Although an unlimited number of permits will be available to trappers interested in participating in this brand new season, season length will be used to manage harvest. The Commission is proposing to amend § 147.701 to update and implement the restructured permitting process for bobcats and fishers.
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 amendment to § 147.701 was proposed under this authority.
2. Regulatory Requirements
The proposed rulemaking will amend § 147.701 to update and implement the restructured permitting process for bobcats and fishers.
3. Persons Affected
Persons wishing to hunt or trap bobcats or fishers within this Commonwealth may be affected by the proposed rulemaking.
4. Cost and Paperwork Requirements
The proposed rulemaking may result in some additional cost and paperwork associated with the issuance of an increased volume of bobcat and fisher permits through the Commission's Pennsylvania Automated Licensing System (PALS). However, the Commission has determined that is increased volume will result in a net reduction of cost and paperwork as compared to the administrative processes being replaced.
5. Effective Date
The proposed rulemaking will be effective upon final 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 Richard A. Palmer, Director, Bureau of Wildlife Protection, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717) 783-6526.
CARL G. ROE,
Executive DirectorFiscal Note: 48-302. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 58. RECREATION
PART III. GAME COMMISSION
CHAPTER 147. SPECIAL PERMITS
Subchapter S. [BOBCAT HUNTING-TRAPPING PERMIT] FURBEARER HUNTING-TRAPPING PERMITS § 147.701. General.
[This section provides for permits to be issued for the hunting and trapping of bobcat during the season established and in areas designated under § 139.4 (relating to seasons and bag limits for the license year).
(1) A permit will only be issued to those who possess a valid furtakers license, junior combination license or senior combination license.
(2) Completed applications shall be submitted as determined by the Director. For the purpose of having a unique identifier assigned to each individual in the database, permitting a crosscheck for duplicates, applicants shall provide their Social Security number or hunter ID number on the application. A nonrefundable $5 application fee shall accompany the application.
(3) Applications shall be submitted in accordance with periods set by the Director.
(4) Only one application per person may be submitted. Anyone submitting more than one application for a permit will have all applications rejected.
(5) Current applicants with the maximum number of preference points as specified by the Director will automatically receive a bobcat harvest permit. The selection of additional permit applications will be made by random drawing from all eligible applications submitted. Incomplete, illegible or duplicate applications will not be included in the drawing. The drawing will be held at the Commission's Harrisburg Headquarters on the second Friday in September and will be open to the public.
(6) A special permit authorizing the lawful taking of one bobcat will be delivered to successful applicants by standard first class mail through and by the United States Postal Service. Permits will be mailed by the first Friday in October. The total number of permits issued for the license year will be set by the Director no later than the first day of June.
(7) Tagging requirements are as follows:
(i) A permitted person taking a bobcat shall immediately, before removing the bobcat from the location of the taking, fully complete a temporary carcass tag furnished with the permit, which contains in English the person's name, address, special permit number, date of harvest, county and township of harvest, wildlife management unit of harvest and method of harvest and attach the tag to the bobcat. The temporary carcass tag must remain attached to the animal until a permanent tag is provided. The permanent tag must be locked through the eyes of the pelt if it is to be exported beyond this Commonwealth.
(ii) A permitted person taking a bobcat shall report the harvest to the Commission within 48 hours of the taking by telephoning the number specified on the permit.
(iii) A permanent tag for a bobcat taken under authority of a special permit shall be in the persons' possession and locked immediately upon receipt of the tag.
(iv) The tag shall remain attached to the bobcat until it is mounted, tanned, made into a commercial fur or prepared for consumption.
(8) An applicant issued a bobcat hunting-trapping permit is not permitted to apply for another bobcat hunting-trapping permit the next license year. Applications from current applicants who have applied in the 2003-2004 license year and proceeding years will be included in the drawing until the applicant is successfully drawn and issued a permit.
(9) A bobcat guide permit will be issued as follows:
(i) A person who assists another person to hunt or take bobcats in any manner shall first secure a bobcat guide permit from the Commission.
(ii) The fee for a bobcat guide permit is $10 for residents and $25 for nonresidents.]
This section provides for permits to be issued for the hunting and trapping of bobcat and the trapping of fisher during the seasons established and in areas designated under § 139.4 (relating to seasons and bag limits for the license year).
(1) A permit will only be issued to those who possess a valid furtakers license, junior combination license or senior combination license.
(2) Permits will be made available through the Commission's Pennsylvania Automated Licensing System (PALS). The fee for the permit is $5.
(3) Applications shall be submitted in accordance with periods set by the Director.
(4) Tagging requirements are as follows:
(i) A permitted person taking a bobcat or fisher shall immediately, before removing the animal from the location of the taking, fully complete and attach to the animal a carcass tag furnished with the permit. The carcass tag must remain attached to the animal until a permanent tag is provided.
(ii) A permitted person taking a bobcat or fisher shall report the harvest to the Commission within 48 hours of the taking by a means specified by the Director.
(iii) A permanent tag for a bobcat or fisher taken under this permit shall be provided by the Commission and locked immediately upon receipt of the tag. The permanent tag must be locked through the eyes of the pelt if it is to be exported beyond this Commonwealth. The tag must remain attached to the animal until it is mounted, tanned, made into a commercial fur or prepared for consumption.
(iv) A permitted person taking a bobcat or fisher shall surrender the carcass of this animal within 30 days if requested by the Commission.
[Pa.B. Doc. No. 10-602. Filed for public inspection April 2, 2010, 9:00 a.m.]
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