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Chronic Wasting Disease; Order of Rescission

[47 Pa.B. 3473]
[Saturday, June 17, 2017]

Executive Order

Whereas, On May 11, 2016, the Executive Director of the Pennsylvania Game Commission (Commission) issued an executive order titled ''CHRONIC WASTING DISEASE—RESPONSE ORDER # 5''; and

Whereas, On May 11, 2016, the Executive Director of the Commission issued an executive order titled ''CHRONIC WASTING DISEASE—ESTABLISHMENT OF DISEASE MANAGEMENT AREA 2 ANTLERLESS DEER PERMIT ORDER # 3''; and

Whereas, On September 23, 2016, the Executive Director of the Commission issued an executive order titled ''CHRONIC WASTING DISEASE—CERVID PARTS IMPORTATION BAN # 10''; and

Whereas, The Game and Wildlife Code (Code) (34 Pa.C.S. §§ 101 et seq.) and regulations promulgated thereunder (58 Pa. Code §§ 131.1 et seq.) collectively provide broad authority to the Commission to regulate activities relating to the protection, preservation, and management of game and wildlife, including cervids; and

Whereas, On March 28, 2017, the Commission added 58 Pa. Code § 137.35 (relating to Chronic Wasting Disease Restrictions) to give more permanent status and structure to the Chronic Wasting Disease (CWD) requirements and restrictions previously established and maintained over the past decade by and through the above-listed executive orders; and

Whereas, On March 28, 2017, the Commission also amended 58 Pa. Code § 147.673 (relating to eligibility and application for DMAP) to allow the Commission to accept Deer Management Assistance Program (DMAP) applications from political subdivisions and government agencies, including the Commission, to enable them to manage deer harvest within a conglomeration of distinct, privately-owned and publically-owned lands under their jurisdiction; and

Whereas, This expansion of DMAP was intended, at least in part, to allow the Commission to relocate CWD white-tailed deer population management controls previously established and maintained over the past three years by and through executive order to DMAP; and

Whereas, On May 6, 2017, the amendments to 58 Pa. Code §§ 137.35 and 147.673 were published in the Pennsylvania Bulletin and became legally effective; and

Whereas, The Commission has determined that rescission of the above-listed executive orders is necessary to fully implement these programmatic amendments to the Commission's CWD program.

Now Therefore, I, BRYAN J. BURHANS, Executive Director of the Pennsylvania Game Commission, pursuant to the authority vested in me by the Code and regulations promulgated thereunder, do hereby order and direct the following:

 1. The previous executive orders titled ''CHRONIC WASTING DISEASE—RESPONSE ORDER # 5,'' ''CHRONIC WASTING DISEASE—ESTABLISHMENT OF DISEASE MANAGEMENT AREA 2 ANTLERLESS DEER PERMIT ORDER # 3'', and ''CHRONIC WASTING DISEASE—CERVID PARTS IMPORTATION BAN # 10'' are hereby rescinded in their entirety.

 2. This Order is effective immediately and shall remain in effect until replaced by subsequent order.

 Given under my hand and seal of the Pennsylvania Game Commission on this 1st day of June, 2017.

BRYAN J. BURHANS, 
Executive Director

[Pa.B. Doc. No. 17-1026. Filed for public inspection June 16, 2017, 9:00 a.m.]



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