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PA Bulletin, Doc. No. 11-517


[ 58 PA. CODE CH. 141 ]

Hunting and Trapping; Wild Pheasant Recovery Areas

[41 Pa.B. 1631]
[Saturday, March 26, 2011]

 To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) proposed at its February 1, 2011, meeting, to amend§ 141.28 (relating to wild pheasant recovery areas) to create and define the geographic location of the Franklin County Wild Pheasant Recovery Area (WPRA).

 The proposed rulemaking will not have an 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 February 1, 2011, meeting of the Commission. Comments can be sent until April 4, 2011, to the Director, Information and Education, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797.

1. Purpose and Authority

 The Ring-necked Pheasant Management Plan calls for restoring self-sustaining and huntable ring-necked pheasant populations in suitable habitats in this Commonwealth by establishing at least four WPRAs by 2015. Wild-trapped pheasants are being released in existing WPRAs in an effort to establish populations of at least ten hens per square mile in the spring. WPRAs have been closed to game farm pheasant stocking and pheasant hunting. Dog training and small game hunting are also restricted in WPRAs to periods outside the population establishment phase. Three WPRAs were established in 2009 and one in 2010. The Commission is proposing to amend § 141.28 to create and define the geographic location of the Franklin County WPRA. The Commission anticipates wild-trapped pheasant releases in this area sometime in 2012.

 Section 322(c)(4) of the code (relating to powers and duties of commission) specifically authorizes the Commission to ''Define geographic limitations or restrictions.'' Section 2102(c) of the code (relating to regulations) directs that ''The commission shall promulgate regulations concerning the transportation, introduction into the wild, importation, exportation, sale, offering for sale or purchase of game or wildlife or the disturbing of game or wildlife in their natural habitat. '' Section 2102(a) of the code provides that ''The commission shall promulgate such regulations as it deems necessary and appropriate concerning game or wildlife and hunting or furtaking in this Commonwealth, including regulations relating to the protection, preservation and management of game or wildlife and game or wildlife habitat, permitting or prohibiting hunting or furtaking, the ways, manner, methods and means of hunting or furtaking and the health and safety of persons who hunt or take wildlife or may be in the vicinity of persons who hunt or take game or wildlife in this Commonwealth.'' The amendments to § 141.28 are proposed under this authority.

2. Regulatory Requirements

 The proposed rulemaking will amend § 141.27 to create and define the geographic location of the Franklin County WPRA.

3. Persons Affected

 Persons wishing to hunt wild pheasants, release propagated pheasants, train dogs or hunt small game within the area designated as the Franklin County WPRA may be affected by the proposed rulemaking.

4. Cost and Paperwork Requirements

 The proposed rulemaking will result in additional cost and paperwork associated with the creation and implementation of the new range permit program. This increase in cost and paperwork will be minimal and should be covered by current budgets.

5. Effective Date

 The proposed rulemaking will be effective upon 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 Richard R. Palmer, Director, Bureau of Wildlife Protection, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717) 783-6526.

Executive Director

Fiscal Note: 48-320. No fiscal impact; (8) recommends adoption.

Annex A




Subchapter B. SMALL GAME

§ 141.28. Wild pheasant recovery areas.

 (a) Definition. For the purpose of this section, the phrase ''wild pheasant recovery area'' (WPRA) includes and is limited to the following geographic locations.

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(5) Franklin County WPRA. That Portion of Wildlife Management Units 4A and 5A in Franklin County from PA Rt. 30 on the northern border to the Pennsylvania/Maryland state border on the southern border, and from Cove Mountain on the western border to the towns of Laurich and Williamson and the Conococheague Creek on the eastern border. The WPRA is bounded on the north by PA Rt. 30 (Lincoln Highway). Beginning at the town of Fort Loudon at the intersection of PA Rt. 30 (Lincoln Highway) and PA Rt. 75, proceed east on PA Rt. 30 (Lincoln Highway), through St. Thomas, and continue east to Laurich. Just east of Laurich, proceed south along Back Creek to SR3012 (Jack Road). Proceed west along SR3012 (Jack Road), then south along Weber Road. Continue south and southwest along Weber Road to the intersection of Weber, Grapevine and Jacks Mill Roads. Proceed southwest along Grapevine Road and then northwest to intersection with SR 3013. Turn south onto SR 3013 (St Thomas Williamson Road) and then west onto State Rt. 995. Proceed west and then south on State Rt. 995 through Williamson to the West Branch of the Conococheague Creek (northeast of Welsh Run). Proceed along the West Branch of the Conococheague Creek to the confluence with Conococheague Creek. Follow the Conococheague Creek south to the Pennsylvania/Maryland state border. Proceed west along the PA/MD state border to State Rt. 456. Proceed northeast along State Rt. 456 to State Route 16. Proceed east on State Route16 to Mountain Road. Proceed northeast on Mountain Road to State Rt. 75. Proceed northwest on State Rt. 75 to the intersection of State Rt. 75 and State Rt. 30 at Fort Loudon.

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[Pa.B. Doc. No. 11-517. Filed for public inspection March 25, 2011, 9:00 a.m.]

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