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Chronic Wasting Disease—Designation of Disease Management Areas and Endemic States and Canadian Provinces Order # 5

[48 Pa.B. 3668]
[Saturday, June 16, 2018]

Executive Order

Whereas, Chronic Wasting Disease (CWD) is an infectious and progressive neurological disease that is found in, and always proves fatal to, members of the family Cervidae (deer, elk or moose, and other susceptible species, collectively called cervids); and

Whereas, There are no known treatments for CWD infection, no vaccines to protect against CWD infection, and no approved tests that can detect the presence of CWD in live cervids; and

Whereas, CWD is designated as a ''dangerous transmissible disease'' of animals by order of the Secretary of Agriculture under 3 Pa.C.S. § 2321(d) (relating to dangerous transmissible diseases); 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 PGC to regulate activities relating to the protection, preservation, and management of game and wildlife, including cervids; and

Whereas, On March 28, 2017 (effective May 16, 2017), the Commission added 58 Pa. Code § 137.35 (relating to Chronic Wasting Disease Restrictions) to give more permanent status and structure to the CWD requirements and restrictions previously established and maintained over the prior decade by and through executive orders; and

Whereas, Section 137.35(d) provides the Executive Director with the authority to designate CWD Disease Management Areas (DMAs) within this Commonwealth; and

Whereas, Section 137.35(d) also provides the Executive Director with the authority to designate CWD-endemic States or Canadian Provinces; and

Whereas, Previous executive orders concerning designation of CWD DMAs and CWD-endemic States and Canadian Provinces within this Commonwealth were issued by the Commission on June 1, 2017, July 24, 2017, October 6, 2017 and February 16, 2018; and

Whereas, The Commission has determined that further designation of CWD DMAs and CWD-endemic States and Canadian Provinces is necessary to fully implement 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. DMAs within this Commonwealth are designated as set forth below. These DMAs are more graphically illustrated on the maps titled ''DMA 2,'' ''DMA 3'' and ''DMA 4'' following hereto and incorporated by reference herein. Should any conflict exist between the below-listed written boundaries and maps of DMA 2, DMA 3 and DMA 4, the written descriptions shall prevail.

 a. DMA 1: Eliminated.

 b. DMA 2: Adams, Bedford, Blair, Cambria, Clearfield, Cumberland, Franklin, Fulton, Huntingdon, Juniata, Mifflin, Perry and Somerset counties, bounded and described as follows: Beginning in the Southeastern extent of the DMA at the intersection of Taneytown Road (State Highway 134) and the Maryland State Line, proceed north on Highway 134 for approximately 7.4 miles to the intersection of Steinwehr Avenue in Gettysburg. Follow right on Steinwehr Avenue to Baltimore Street. Follow left on Baltimore Street through downtown Gettysburg. Proceed halfway around the traffic circle at the square unto Carlisle Street (State Highway 34). The DMA boundary follows Highway 34 north for approximately 23.1 miles to the intersection of the Baltimore Avenue (State Highway 94). Follow Highway 94 north for approximately 3 miles to the intersection of W. Old York Road (State Highway 174). Turn left and follow Highway 174 west for approximately 7.6 Miles to State Highway 233 (Centerville Road). Turn right and follow State Highway 233 north 22.8 Miles to the intersection with State Highway 850 (Montour Road) just north of Landisburg. Proceed west on State Highway 850 for 22 miles to State Highway 35 (Shade Valley Road). Head south on State Highway 35 for 0.2 miles and turn right onto State Route 4005 (Black Log Road). Follow Black Log Road south for 5.25 miles. Continue south onto Township Route 371 (Black Log Road) for 5.7 Miles. At the Huntingdon and Juniata County Lines continue south onto State Route 2017 (Black Log Valley Road) for 3.3 miles to the intersection with State Route 2012 (Black Log Mountain Road). Turn right onto Black Log Mountain Road for 4.2 miles to State Route 2019 (German Valley Road). Follow German Valley Road 0.25 miles north to State Highway 103 (Beacon Lodge Road). Turn left onto State Highway 103 and proceed west 3.4 miles to US Highway 522 (Croghan Pike). Follow US Highway 522 west for 1.6 miles to the intersection of US Highway 22. The DMA boundary follows US Highway 22 west for 20.3 miles to State Highway 453, then north along State Highway 453 for 20.5 miles to intersection of State Highway 253. Follow State Highway 253 south for 8.1 miles to State Highway 53 in Van Ormer. The DMA continues on State Highway 53 south for 1.7 miles to Marina Road. At Marina Road the boundary follows for 5.5 miles to the intersection of Glendale Lake Road. Continue left on Glendale Lake Road and in 3 miles join onto State Highway 36. The DMA boundary follows State Highway 36 west into the town of Patton and then straight onto Magee Avenue to the intersection of 5th Avenue. Continue south on 5th Avenue for about .3 miles where the road becomes Mellon Avenue. Continuing on Mellon Avenue for .4 miles the road becomes Carroll Road once in East Carroll Township. The boundary continues south on Carroll Road for 3.7 miles to State Highway 219 in Carrolltown. The DMA boundary follows State Highway 219 south for 26.7 miles to State Highway 56 East and then follows State Highway 56 east for 3.9 miles to State Highway 160. Following State Highway 160 southward the boundary continues for 26.5 miles to the borough of Berlin, then west through downtown Berlin on State Highway 2030 (Main Street) for 0.44 miles to the intersection of State Highway 219. Finally south along State Highway 219 for 20.6 miles to the Maryland border.

 c. DMA 3: Armstrong, Cambria, Clarion, Clearfield, Indiana and Jefferson counties, Pennsylvania, bounded and described as follows: Beginning at the southwestern corner at the intersection of State Highway 403 and State Highway 286 in the town of Clymer, proceed north on State Highway 403 for 8.5 Miles to US 119 in Marion Center. Follow US 119 north for 14.2 Miles to State Highway 36 in Punxsutawney; continue north on State Highway 36 for 3.2 Miles to State Highway 536; west on State Highway 536 for 16.6 Miles to State Highway 28; north on State Highway 28 for 7.4 Miles to State Highway 949 in Summerville; north on State Highway 949 for 4.2 Miles to US 322 in the town of Corsica. Proceed west on US 322 for 0.3 Miles to State Highway 949; north on State Highway 949 for 23.4 Miles to SR 4005, Richardsville Road in Green Briar; south on Richardsville Road for 2 Miles to Game School Road; proceed south on Game School Road 7.4 Miles south to State Highway 28 in Sugar Hill; east on State Highway 28 for 2.8 Miles to US 219 in Brockway; south on US 219 for 7.5 Miles to Interstate 80; east on I-80 for 9.4 Miles (Mile Marker 106) to Township Route 339, Anderson Creek Road; south on Anderson Creek Road for 1.8 miles to Township Route 340, Home Camp Road; south on Home Camp Road for 2.5 miles to US 322 in Rockton; west on US 322 for 4 Miles to US 219; south on US 219 for 9.6 Miles to State Highway. 729 in Grampian; south on State Highway 729 for 7.7 Miles to State Route 3016, Marron Road; then west on Marron Road for 2.7 Miles to State Route 3005, Cherry Corner Road; west on Cherry Corner Rd for 0.3 Miles to State Route 3016, La Jose Road; south on La Jose Rd for 3.6 Miles to State Highway 36; south on State Highway 36 for 8.8 Miles to Sylvis Road; Travel west on Sylvis Road for 5.8 Miles to US 219 near Cherry Tree.; south on US 219 through Cherry Tree for 2.4 Miles to State Highway 240; west on State Highway 240 for 8.5 Miles to State Highway 286; west on State Highway 286 for 4.9 Miles to State Highway 403 in Clymer; the place of beginning.

 d. DMA 4: Lancaster, Lebanon and Berks counties, bounded and described as follows: Beginning in the northwestern extent of the DMA in the city of Lebanon at the intersection of State Routes 897 and US 422 proceed easterly on US 422 for 12.3 miles to the intersection with State Route 419. Turn left on SR 419 and proceed northerly for 2.3 miles to the intersection with Christmas Village Rd. (4010). Turn right, proceeding easterly on Christmas Village Rd. for 5.1 miles to the intersection with North Heidelberg Rd. (3033). Turn left on North Heidelberg Rd., proceeding northeasterly for .6 miles to the intersection with State Route 183. Turn right on SR 183, proceeding southeasterly for 7.7 miles to the intersection with US 222. Turn right on US 222 proceeding southwesterly for 3.2 miles to the interchange with US Route 422 Bypass. Proceed on US 422 Bypass for 2.4 miles to intersection with Business Route 222E (Lancaster Ave.). Proceed southerly on Business 222E for .6 miles to the intersection with State Route 625. Turn left onto SR 625 and proceed southerly for 16.7 miles to the intersection with Route 23. Turn right on Route 23, proceeding westerly for 9.7 miles to intersection with State Route 772 (Glenbrook Rd.). Turn right on SR 772, proceeding northwesterly for 9.3 miles to the intersection with State Route 501 (Furnace Hills Pike). Turn right on SR 501, proceeding northerly for 5 miles to the intersection with US 322 (West 28th Division Highway). Turn left on US 322, proceeding westerly for 1.3 miles to intersection with the PA Turnpike (US 76). Turn right on US 76, proceeding easterly for .7 miles to the western boundary of Pennsylvania State Game Land 46. Proceed northerly then easterly for 1.2 miles along the game land boundary to the intersection with State Route 501 (Furnace Hills Pike). Turn left on SR 501, proceeding northerly for 4.1 miles to the intersection with State Route 419. Turn left, proceeding westerly for .1 miles to the intersection with State Route 897 (South 5th Street). Turn right on SR 897, proceeding northwesterly for 6.2 miles to the starting point at the intersection of SR 897 and US 422.

 2. CWD-endemic States or Canadian Provinces are designated to include the following specific States and Canadian Provinces: Alberta, Arkansas, Colorado, Illinois, Iowa, Kansas, Maryland, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, New Mexico, New York, North Dakota, Ohio, Oklahoma, Saskatchewan, South Dakota, Texas, Utah, Virginia, West Virginia, Wisconsin, and Wyoming.

 3. The previous executive order concerning designation of CWD DMAs and CWD-endemic States and Canadian Provinces within this Commonwealth that was issued by the Commission on February 16, 2018 and published in the Pennsylvania Bulletin on March 17, 2018 at 48 Pa.B. 1653 is hereby rescinded in its entirety and replaced by this Order.

 4. This Order is effective immediately and shall remain in effect until rescinded or modified by subsequent order.

 Given under my hand and seal of the Pennsylvania Game Commission on this 21st day of May, 2018.

BRYAN J. BURHANS, 
Executive Director

[Pa.B. Doc. No. 18-947. Filed for public inspection June 15, 2018, 9:00 a.m.]



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