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PROPOSED RULEMAKING

[ 58 PA. CODE CH. 147 ]

Special Permits; Deer Control

[47 Pa.B. 2776]
[Saturday, May 13, 2017]

 To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its March 28, 2017, meeting, proposed to rescind § 147.687 (relating to sunset clause) to eliminate the sunset clause and establish the continued effectiveness of the deer attractant permit program (program).

 This proposed rulemaking will not have an adverse impact on the wildlife resources of this Commonwealth.

 The authority for this proposed rulemaking is 34 Pa.C.S. (relating to Game and Wildlife Code) (code).

 This proposed rulemaking was made public at the March 24, 2017, meeting of the Commission. Comments can be sent until June 23, 2017, to the Director Information and Education, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797.

1. Purpose and Authority

 On March 31, 2010, the Commission's 3-year evaluation of the effectiveness of a broad scale and widely accessible authorization permitting the baiting of white-tailed deer across the southeast special regulations areas expired. The Commission's final review of the baiting authorization generally concluded that broad scale and widely accessible baiting did not establish viable increases in harvest rates to justify an extension of the experimental program. On April 8, 2014, the Commission amended § 141.1 (relating to special regulations areas) and added §§ 147.681—147.687 (relating to deer attractant permit) to create and implement a deer attractant permit to authorize focused and limited baiting activities on private, township or municipal property in the southeast special regulations area. However, per § 147.687, the regulatory authorization for the program is set to expire on June 30, 2017. The Commission is proposing to rescind § 147.687 to eliminate the sunset clause and establish the continued effectiveness of the program.

 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 rescission of § 147.687 is proposed under this authority.

2. Regulatory Requirements

 This proposed rulemaking will rescind § 147.687 to eliminate the sunset clause and establish the continued effectiveness of the program.

3. Persons Affected

 Persons wishing to hunt or take white-tailed deer under the program will be affected by this proposed rulemaking.

4. Cost and Paperwork Requirements

 This proposed rulemaking should not result in additional cost or paperwork.

5. Effective Date

 This 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 this proposed rulemaking, contact Thomas P. Grohol, Director, Bureau of Wildlife Protection, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717) 783-6526.

BRYAN J. BURHANS, 
Executive Director

Fiscal Note: 48-418. No fiscal impact; (8) recommends adoption.

Annex A

TITLE 58. RECREATION

PART III. GAME COMMISSION

CHAPTER 147. SPECIAL PERMITS

Subchapter R. DEER CONTROL

DEER ATTRACTANT PERMIT

§ 147.687. [Sunset clause] (Reserved).

[Sections 147.681—147.686 and this section become effective July 1, 2014, and expire and are rendered void on June 30, 2017, unless the Commission further authorizes their legal effectiveness prior to this termination date.]

[Pa.B. Doc. No. 17-814. Filed for public inspection May 12, 2017, 9:00 a.m.]



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