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post #1 of 4 (permalink) Old 01-12-2015, 09:11 PM Thread Starter
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January BOC Agenda

Posting this from the official diocument.

A direct copy - if spacing or other features are off - refer to the link / official document. (not everything copies and pastes exactly).

If the is a map or chart, they are not copied as they will not format correctly. Refer to the online link / official document.


<span style="font-weight: bold">BUREAU OF INFORMATION AND EDUCATION

ADOPTED RULE MAKING

A. Amend 58 Pa. Code § 143.12.

Commentary: Hunter education</span> delivery methods continue to evolve across the nation. The use of independent study is one delivery method which has been in use for nearly a decade in Pennsylvania. Students study the majority of the course on their own then attend an abbreviated two-hour class to meet their local WCO, who leads a lesson on hunting laws and regulations. At the conclusion of this lesson, students complete the certification exam and receive a training certificate.
Recently, online training programs have been developed to not only provide the training component, but also enable online testing and certification of students as well. Upon successful completion of the course of study, students can print a certificate of training and purchase a hunting license. This capability continues to improve customer service and convenience. Additionally, it removes any potential barrier for students who are unable to attend a traditional, instructor-led class or one of the agency’s independent study classes. It provides another tool for the agency to reach a large audience of people interested in learning to hunt or trap.
Vendors who develop and manage online hunter education training and certification courses typically charge a user fee to recover the ongoing development and maintenance costs of the program. This proposed regulation enables the agency to offer a completely online HTE training and certification course while providing for a convenience fee to be paid by those students who choose this option. The Pennsylvania Game Commission will continue to offer nearly 1,000 instructor-led Hunter-Trapper Education classes each year. These classes will continue to meet the legislative mandate for HTE instruction to be free of charge.





<span style="font-weight: bold">EXHIBIT "A"</span>
CHAPTER 143. HUNTING AND FURTAKER LICENSES
Subchapter A. GENERAL
§ 143.12. Hunter education training.
(a) Course registration fees. Upon application for enrollment in each fee-based hunter education course, a student shall remit the associated, non-refundable course registration fee in the form of cash, credit card, check or money order. Checks or money orders must be made payable to the "Pennsylvania Game Commission."
(b) Online hunter-trapper education independent study. The Commission may develop and implement an online hunter-trapper education course of study as a convenience to license buyers seeking first-time or supplemental training and certification. The Director shall establish the course of instruction and assess any vendor fees that may be incurred through this course of instruction and certification.
(c) Training certificate. The Commission will issue an appropriate certificate of training to each student who successfully completes an approved hunter education course. The Commission will issue a replacement hunter education training certificate to a person who provides sufficient affirmation or evidence of successful completion of that course of instruction. A certificate replacement fee shall be remitted by any person requesting a replacement hunter education training certificate.
(d) Waiver. The Director may waive any course registration fee required by this section when the waiver is determined to be consistent with the Commission's hunter education training program or the intent of the act.
(e) Establishment of fees. The Director will establish the value of a course registration fee or certificate replacement fee required under this section.



<span style="font-weight: bold">ADOPTED RULE MAKING

B. Create 58 Pa. Code § 131.10.

Commentary</span>: On July 2, 2014, the Act of July 2, 2014 (P.L. 988, No. 109, § 6) became effective. This final legislation created 75 Pa.C.S. § 1355.1 to establish the Department of Transportation’s authority, in consultation with the Commission, <span style="font-weight: bold">to issue Pennsylvania Hunting Heritage registration plates for eligible classes of vehicles</span>. The legislation requires the Commission to charge a fee for the authorization to request the registration plate, but does not itself establish the fee amount. The Commission created § 131.10 to require applicants seeking authorization to request a Pennsylvania Hunting Heritage registration plate to pay a fee of $25. Thirty-three percent (33%) of the proceeds received by the Commission will be allocated to nonprofit organizations that coordinate the processing and distribution of donated wild game to Pennsylvania residents through a network of food banks in the Commonwealth. The remaining sixty-seven percent (67%) of the proceeds will be allocated to nonprofit sportsmen’s clubs and organizations to conduct activities that promote sport hunting, youth hunter education or the conservation and enhancement of game species in this Commonwealth. This rulemaking was proposed by the Commission at its September 23, 2014 meeting and thereafter finally adopted by notational vote on December 9, 2014.



<span style="font-weight: bold">EXHIBIT "A"</span>
CHAPTER 131. PRELIMINARY PROVISIONS
§ 131.10. Pennsylvania Hunting Heritage registration plate fee.
Applicants seeking authorization to request a Pennsylvania Hunting Heritage registration plate issued under 75 Pa.C.S. § 1355.1 (relating to Pennsylvania Hunting Heritage registration plates) will be assessed a fee of $25 in addition to fees collected by the Department of Transportation under 75 Pa.C.S. § 1931(b) (relating to personal and organization registration plates).




http://www.portal.state.pa.us/portal...ary_agenda_pdf

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post #2 of 4 (permalink) Old 01-12-2015, 10:08 PM Thread Starter
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Re: January BOC Agenda

<span style="font-weight: bold">BUREAU OF WILDLIFE MANAGEMENT


PROPOSED RULE MAKING

A. Amend 58 Pa. Code, § 139.4.

Commentary:</span> To effectively manage the wildlife resources and provide hunting and trapping opportunities in this Commonwealth during the upcoming license year, the Commission is proposing to amend § 139.4 (relating to <span style="font-weight: bold">seasons and bag limits for the license year</span>) to provide updated seasons and bag limits for the 2015-2016 license year. The 2015-2016 seasons and bag limits have been amended to reflect current available scientific data, population and harvest records, field surveys and professional staff observations, as well as recommendations received from staff, organized sporting groups, members of the agricultural community and others interested in the management of the wildlife resources of this Commonwealth.
Proposed changes to small game seasons include; opening the bobwhite quail season statewide except for WMU 5A where quail hunting will remain closed. A recently completed quail status report concluded that the bobwhite is extirpated from the wild and therefore there is no biological basis for prohibiting hunting. We are proposing to keep WMU 5A closed to quail hunting in the event restoration efforts are targeted in this WMU in the coming year. We are also proposing to expand the crow hunting season to include an additional weekend to April 10 to take full advantage of the allotted days offered under the Migratory Bird Treaty.
In regards to wild turkey seasons, 2014 marked the final year of data collection for the hen harvest and survival study. We are awaiting the completion of the data analyses to determine if a one-week fall extension is warranted, based on harvest rates and population trends. At this time we are recommending the same season structure as in 2014 for WMUs 2C, 2E, 2F, 2G, 2H, 4A, 4B and 4D. We are also recommending a decrease in the fall season in WMU 3D from 3 weeks + 3-day Thanksgiving season to 2 weeks + 3-day Thanksgiving season. Both the spring harvest density and summer sighting index have declined and in accordance with the Wild Turkey Management Plan a decrease in season length is recommended.
The only change proposed for white-tailed deer seasons is to run the deer archery season in WMUs 2B, 5C & 5D from September 19 through Nov. 28. Based on field data from marked deer in WMU 5C, antlered harvest rates are lower than statewide averages. As a result, antlered harvest rates could increase without negative biological consequences. In addition, this change will simplify archery regulations in these WMUs.

Concerning furbearer seasons, we are proposing to implement a river otter season in accordance with the strategies in the River Otter Management Plan. An otter trapping permit will be required to take a season limit of 1 otter.




<span style="font-weight: bold">Chart follows see link for document</span>





<span style="font-weight: bold">PROPOSED RULE MAKING

B. Amend §§ 141.62 and 147.701.

Commentary:</span> To effectively manage the wildlife resources of the Commonwealth and to provide <span style="font-weight: bold">trapping opportunities for river otter during the upcoming license year</span>, the Commission is proposing to amend §§ 141.62 and 147.701. Changes to regulations restricting types and number of devices for beaver and otter trappers in those WMUs with an open otter trapping season are proposed in § 141.62. Amendments to § 147.701 are required to implement an otter trapping permit, tagging and reporting requirements for this new season.



<span style="font-weight: bold">CHAPTER 141. HUNTING AND TRAPPING

Subchapter A. GENERAL

§ 141.62. Beaver and otter trapping.</span>* * * * *
(b) Unlawful acts. It is unlawful to:
(1) Place, or make use of, materials or products except raw native wood or stone to direct the travel of beaver or otter. Man-made materials may be used only to support traps or snares.
* * * * *
(4) [Set, tend or operate more than a combined Statewide total of 20 traps or snares no more than 10 of which may be traps. No more than 2 of the traps may be body gripping traps, except in Wildlife Management Units where beaver bag limits are 40 or more per season.] Set, tend or operate any number of traps or snares for beaver trapping in excess of the limits established by this paragraph. Beaver trappers are generally limited to a combined Statewide total of 20 traps or snares, no more than 10 of which may be traps. No more than 2 of the traps may be body gripping traps, except in Wildlife Management Units where beaver bag limits are 40 or more per season. Beaver trappers are further limited to using no more than 5 traps, no more than 2 of which may be body-gripping traps, in any Wildlife Management Unit with an open otter trapping season. This limitation shall be applicable during periods when the open beaver trapping season overlaps by calendar date with the open otter trapping season and shall extend for 5 additional, consecutive days after the close of the otter season.
(5) Check, set, reset or otherwise maintain a beaver or otter trap or snare, or remove a beaver or otter from a trap or snare, unless the person is identified by the attached name tag as the owner. This paragraph does not prohibit the lending of assistance when the person whose name appears on the trap tag is present.


(7) Set, tend or operate any number of traps or snares for otter trapping in excess of the limits established by this paragraph. Otter trappers are limited to a combined Statewide total of 5 traps or snare, no more than 2 of which may be body-gripping traps.
CHAPTER 147. SPECIAL PERMITS
Subchapter S. FURBEARER HUNTING-TRAPPING PERMITS
§ 147.701. General.
This section provides for permits to be issued for the hunting and trapping of bobcat and the trapping of otter and fisher during the seasons established and in areas designated under § 139.4 (relating to seasons and bag limits for the license year).
* * * * *
(4) Tagging requirements are as follows:
(i) A permitted person taking a bobcat, otter 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 Convention on the International Trade in Endangered Species (CITES) tag is attached, if applicable, or the animal is mounted, tanned, made into a commercial fur or prepared for consumption.
(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. A permitted person taking an otter shall report the harvest to the Commission within 24 hours of the taking by a means specified by the Director.
(iii) A CITES tag for a bobcat or otter taken under this permit will be provided by the Commission in the event that the bobcat, otter or any parts thereof are exported internationally or upon request of the permittee. The CITES tag shall immediately be locked through the eyes of the pelt or, in the event of any other part, locked through and attached to the part. The CITES 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, otter or fisher shall surrender the carcass of this animal within 30 days if requested by the Commission.





<span style="font-weight: bold">PROPOSED RULE MAKING

C. Amend § 139.17.

Commentary:</span> A uniform system of wildlife management units (WMUs) was implemented in 2003 to replace the system of multiple, species-specific management units. The primary objective of this new wildlife management unit system was to develop and implement wildlife management decisions on a system of more homogenous units based on physiographic, land cover and use, human population density and land ownership. Wildlife management unit boundaries were defined using readily recognizable features on the landscape rather than hard to identify political boundaries. In 2008, the Commission conducted a five year evaluation of the structure of the wildlife management unit system which resulted in the development and implementation of four WMU map revisions. The Commission has again conducted an evaluation of the structure of the wildlife management unit system and has developed the following <span style="font-weight: bold">WMU Map revision: Expand WMU 5D north and west into WMU 5C to cover more developed urban areas.</span> The proposed change to the WMU boundary line is shown on the attached map.



<span style="font-weight: bold">See map via document link</span>





<span style="font-weight: bold">BUREAU OF WILDLIFE PROTECTION
ADOPTED RULE MAKING
A. Adoption of proposed amendment to 58 Pa. Code § 147.726.
Commentary:</span> To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) at its September 23, 2014 meeting, proposed to amend § 147.726 to <span style="font-weight: bold">authorize the use of raptors for nuisance wildlife abatement by persons in possession of a Nuisance Wildlife Control Operator Permit and a Special Purpose-Abatement Using Raptors Permit</span>.


<span style="font-weight: bold">EXHIBIT “A”</span>
CHAPTER 147. SPECIAL PERMITS
Subchapter T. NUISANCE WILDLIFE CONTROL OPERATOR
§ 147.726. Operation.
(a) Approved methods and devices are as follows:
* * * * *
(5) Raptors may be utilized for nuisance wildlife abatement by a permitted nuisance wildlife control operator only when the permitted nuisance wildlife control operator possesses a valid Special Purpose-Abatement Using Raptors Permit issued by the United States Fish and Wildlife Service. Other regulations pertaining to nuisance wildlife control operators apply to persons using this approved method and device.



<span style="font-weight: bold">ADOPTED RULE MAKING
B. Adoption of proposed amendment 58 Pa. Code §§ 133.21 and 147.101 and create 147.111b.
Commentary:</span> To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) at its September 23, 2014 meeting, proposed to amend §§ 133.21 (relating to classification of birds) and 147.101 (relating to definitions) and to create 147.111b (relating to arctic peregrine limited take special permit) <span style="font-weight: bold">to authorize the limited take of Peregrine Falcons (Falco peregrinus tundrius) within this Commonwealth by qualified falconers.</span>


<span style="font-weight: bold">Bluetick note: "Take in this instance is to trap or capture a Peregrine Falcon for the purpose of falconory - that is to capture and train the bird.</span>



<span style="font-weight: bold">EXHIBIT “A”


CHAPTER 133. WILDLIFE CLASSIFICATION
Subchapter B. BIRDS
§ 133.21. Classification of birds.</span>The following birds are classified:
(1) Endangered.
* * * * *
(v) Peregrine Falcon (Falco peregrines anatum)
* * * * *
CHAPTER 147. SPECIAL PERMITS
Subchapter F. FALCONRY
§ 147.101. Definitions.
The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise:
Allowable take—The total number of Arctic Peregrine Falcons authorized by the United States Fish and Wildlife Service to be taken from the wild within Pennsylvania during a given permit year.
* * * * *
§ 147.111b. Arctic Peregrine Falcon limited take special permit.
(a) Purpose. This permit is intended to permit the limited take of the Arctic Peregrine Falcon (Falco peregrinus tundrius) solely for use in the practice of falconry.
(b) Application.
(1) Applications for the Arctic Peregrine Falcon limited take special permit issued under this section shall be made on a PGC-12 (Special Permit/Examination Request-Application).
(2) Applications shall be completed in full and include a copy of the applicant’s falconry permit, Pennsylvania hunting license and a nonrefundable application fee of $25.00.
24
(3) Applications shall be sent directly to the Special Permits Enforcement Division in Harrisburg.
(4) Applications will be accepted beginning May 1 and must be submitted no later than July 31 to be eligible for the drawing for that permit year.
(5) Only one application per eligible falconer may be submitted during each permit year. If more than one application is submitted by an eligible falconer, the applications submitted by the applicant will be rejected and the applicant will be ineligible for that year's drawing.
(c) Eligibility.
(1) Applications will only be accepted from persons who possess a current and valid master class falconry permit issued under this subchapter and Pennsylvania resident hunting license.
(2) Applicants shall be a resident of this Commonwealth.
(3) Applicants who were successfully drawn for an Arctic Peregrine Falcon limited take special permit during the previous 2 permit years are ineligible to make application.
(d) Drawing.
(1) Each year the Commission will determine the allowable take of Arctic Peregrine Falcons for the season based on the guidelines provided by the United States Fish and Wildlife Service.
(2) If the allowable take authorized for this Commonwealth is one or more in any given year, the Commission will hold a public drawing by August 15 at a location to be determined by the Commission to determine the successful applicants.
(3) The Commission will randomly draw the names of eligible applicants up to and including the total allowable take. The number of permits issued will be based solely on the total allowable take each year. When the total allowable take number is reached, the drawing will be closed and no additional permits will be issued.
(4) The Commission will issue an Arctic Peregrine Falcon limited take special permit to successful applicants by August 31 each year.
(e) Authorized activities.
(1) Arctic Peregrine Falcons (Falco peregrinus tundrius) may only be taken by persons in possession of a valid master class falconry permit, a resident Pennsylvania hunting license and an Arctic Peregrine Falcon limited take special permit.
25
(2) Arctic Peregrine Falcons (Falco peregrinus tundrius) may be taken only during the period of September 20 to October 20, inclusive.
(3) Banded Peregrine Falcons may not be taken under the authorizations of this section. Banded Peregrine Falcons shall be released immediately upon capture and the band numbers of the released birds shall be reported to the Special Permits Enforcement Division within 24 hours.
(4) Arctic Peregrine Falcons may only be captured by devices authorized under 147.105a(4) (relating to resident falconers).
(5) Persons issued an Arctic Peregrine Falcon limited take special permit shall abide by all other applicable State and Federal falconry laws and regulations.
(6) Upon successful capture of an Arctic Peregrine Falcon, the permittee shall notify the Special Permits Enforcement Division with 24 hours. The permittee shall arrange for inspection within 3 days of the capture as directed by the Special Permits Enforcement Division.
(7) Upon inspection by the Commission as indicated, the Arctic Peregrine Falcon shall be marked with a permanent, nonreusable numbered leg band provided by the Commission.
(f) Conformance with Federal regulations. If the Federal regulations regarding dates or times of application, drawing or take change, the Executive Director has the authority to conform the Commonwealth's dates to the Federal regulations for that year in which the dates under Federal regulations have changed.
(g) Violations. Violations of the requirements of this section are subject to the penalties in the act.





<span style="font-weight: bold">PROPOSED RULE MAKING

C. Amend §§ 141.1, 147.681 and 147.682.

Commentary</span>: Currently, the Deer Attractant Permit is only available for use on private property located within the southeast special regulations area. The Commission is proposing <span style="font-weight: bold">to expand this authorization by authorizing use of the Deer Attractant Permit on township and municipal property as well.




</span>CHAPTER 141. HUNTING AND TRAPPING

Subchapter A. GENERAL

§ 141.1. Special regulations areas.

* * * * *
(d) Permitted acts. It is lawful to:
* * * * *
(7) Hunt or take deer in the southeast special regulations area during regular open hunting and deer control seasons for white-tailed deer through the use of or by taking advantage of bait on private, township or municipal property only pursuant to a deer attractant permit issued under Chapter 147, Subchapter R (relating to special permits, deer control).
CHAPTER 147. SPECIAL PERMITS
Subchapter R. DEER CONTROL
DEER ATTRACTANT PERMIT
§ 147.681. Purpose.
The purpose of this subchapter is to authorize eligible persons to hunt through the use of or otherwise take advantage of approved bait to enhance the harvest rate of white-tailed deer on private, township or municipal property within the southeast special regulations area where traditional hunting methods and deer control methods have proven ineffective in controlling local deer populations.
§ 147.682. Permit eligibility and use.
(a) Application. Deer attractant permits may be issued to private, township or municipal landowners [or their agents] who have suffered material damage to their real property in the southeast special regulations area by white-tailed deer. Permits will be made available through a system established by the Director.
§ 147.683. Operation.
A deer attractant permit issued under this subchapter authorizes landowners or persons they permit to hunt on their property, or both, to hunt through the use of or otherwise take advantage of approved bait for the purpose of enhancing the harvest rate of white-tailed deer. This authorization is subject to the following conditions:
* * * * *
(7) A person engaging in privileges authorized by a deer attractant permit shall possess a copy of the permit and written consent of the landowner to engage in baiting activities on their person at all times while exercising the permit privileges and while maintaining the bait site and shall produce the permit upon demand of [an] any landowner upon whose land that person may be occupying or to any officer whose duty it is to enforce this title.






<span style="font-weight: bold">PROPOSED RULE MAKING

D. Amend 58 Pa. Code §§ 141.63 and 141.66.

Commentary:</span> The proposed regulation changes to §§ 141.63 and 141.66 are designed <span style="font-weight: bold">to clarify the legal definition and use of cable restraints in the Commonwealth. The current regulation requires the use of “relaxing locks” in cable restraint construction. The term “relaxing lock” has caused confusion for trappers and enforcement personnel due to varying interpretations of lock designs that comply with the regulation. The revised regulation would allow all lock designs approved by the Director.</span> The national trap testing program, administered by the Association of Fish and Wildlife Agencies, has been conducting field testing on cable restraints and has currently identified 6 lock designs that have performed at acceptable levels in terms of efficiency, selectivity, and animal welfare criteria. By maintaining a list of approved lock designs, the PGC will be able to regularly incorporate results from ongoing cable restraint research. Additionally, the revision to § 141.66 would specify that furtakers who possess a valid bobcat permit could only utilize an incidentally caught bobcat during the established bobcat trapping season.




<span style="font-weight: bold">CHAPTER 141. HUNTING AND TRAPPING

Subchapter D. FURBEARERS</span>§ 141.63. Definitions.
* * * * *
Cable restraint – A galvanized stranded steel cable with a minimum diameter of 3/32 inches. The cable must be constructed of either 7 bundles comprised of 7 wires per bundle, 7 bundles comprised of 19 wires per bundle or 1 bundle comprised of 19 wires. The cable may not exceed 7 feet in length from the anchor point to the relaxing lock contacting the fully closed loop stop, must be equipped with at least one swivel device (which allows for 360° rotation) between the loop and the anchor and must have stops affixed to the cable to ensure that the circumference of the cable which makes up the loop may not be greater than 38 inches when fully open, or less than 8 inches when fully closed. Cable restraints must be equipped with [a relaxing-type] an approved lock. The [relaxing-type] lock may not be constructed with moving parts. A cable restraint must include a breakaway device affixed between the [relaxing-type] lock and cable or at the end of the cable that is rated at 375 pounds or less. The cable must be maintained in good condition so that all components operate properly.
* * * * *
§ 141.66. Cable restraints.
(a) Cable restraint devices may be used from December 26 until the end of the established trapping season to harvest red fox, gray fox and coyote. Nontarget furbearing species incidentally captured in cable restraint devices during an open trapping season for that species may be taken and utilized, provided the trapper possesses all applicable licenses and permits.



<span style="font-weight: bold">Page 29 shows the cable restraints[ refer to the actual document/b]






[b]PROPOSED RULE MAKING

E. Amend 58 Pa. Code §§ 135.2 and 135.41.

Commentary</span>: The Commission has historically permitted the placement and use of portable hunting blinds and stands on State game lands and continued support for their allowance has not diminished. However, the Commission has identified that this allowance has, in certain instances, resulted in the unintended consequence of some portable hunting blinds and stands on State game lands seemingly becoming permanent fixtures due to long term placement by hunters. While the Commission continues to support the placement and use of portable hunting blinds and stands on State game lands, it is proposing to amend § 135.41 (relating to State game lands) <span style="font-weight: bold">to require that persons using portable hunting blinds or stands must mark their blinds or stands with a tag bearing their name and address or a number issued by the Commission.</span> The Commission is also proposing to extend the application of these requirements to portable hunting blinds or stands on Cooperative Access properties that are open to public hunting.




<span style="font-weight: bold">CHAPTER 135. LANDS AND BUILDINGS

Subchapter A. GENERAL PROVISIONS</span>


§ 135.2. Unlawful actions.
In addition to the prohibitions in the act on lands, waters or buildings under Commission ownership, lease, agreement, control or jurisdiction, it is unlawful, except with the permission of the person in charge of the lands, or the written permission of the Director to:
* * * * *
(13) Construct, place, maintain, occupy, use, leave or abandon any structures or other tangible property, except in the manner otherwise authorized and limited by § 135.41(c)(11) (relating to State game lands).
Subchapter B. PROTECTION OF WILDLIFE HABITAT
§ 135.41. State game lands.
* * * * *
(c) Additional prohibitions. In addition to the prohibitions contained in the act pertaining to State game lands and § 135.2, except with the written permission of the Director, it is unlawful to:
* * * * *
31
(11) Construct, place, maintain, occupy, use, leave or abandon any structures or other tangible property, except that portable hunting blinds or stands may be used subject to the following restrictions:
(i) Use may not cause damage to trees.
(ii) Except as otherwise provided in subparagraph (iii), overnight placement of portable hunting blinds or stands may not occur sooner than 2 weeks prior to the opening of the first deer season nor later than 2 weeks after the close of the last deer season within each wildlife management unit.
(iii) Overnight placement of portable hunting blinds is additionally permitted during the spring turkey season within each wildlife management unit.
(iv) Any portable hunting blinds or stands placed under subparagraphs (ii) or (iii) must be conspicuously marked with a durable identification tag that legibly sets forth in the owner’s first name, last name and legal home address in English or must bear a number issued by the Commission for this purpose.






<span style="font-weight: bold">PROPOSED RULE MAKING

F. Amend 58 Pa. Code § 141.45.


Commentary:</span> The Commission’s 2015-2016 seasons and bag limits proposal identifies only Wildlife Management Unit (WMU) 2B as a shotgun and archery only area. Furthermore, WMUs 5B, 5C and 5D remain closed to fall turkey hunting. All remaining WMUs are currently organized to permit use of operated centerfire, rimfire or muzzleloading firearms using single projectile ammunition. The Commission is <span style="font-weight: bold">proposing to amend § 141.45 (relating to turkey) by removing reference to WMUs 1A, 1B and 2A in the provision prohibiting use of operated centerfire, rimfire or muzzleloading firearms using single projectile ammunition in order to maintain continuity between these regulatory provisions.</span>




<span style="font-weight: bold">CHAPTER 141. HUNTING AND TRAPPING

Subchapter C. BIG GAME

§ 141.45. Turkey.</span>(a) Fall turkey season.
* * * * *
(2) Prohibitions. While hunting turkey during the fall turkey season, it is unlawful to:
(i) Use a manually operated centerfire, rimfire or muzzleloading firearm using single projectile ammunition in Wildlife Management Units [<span style="text-decoration: line-through">1A, 1B, 2A</span>,] 2B, 5B, 5C and 5D.




<span style="font-weight: bold">PROPOSED RULE MAKING

G. Amend 58 Pa. Code § 147.804.


Commentary:</span> The Commission has received extensive public comment regarding concern over the appropriateness of young children’s abilities to utilize high-powered firearms to harvest big game, as well as allegations of adults utilizing the harvest tags of mentored youth unlawfully. Wildlife Conservation Officers have encountered evidence of the allegations in several enforcement operations this past hunting season. <span style="font-weight: bold">The removal of eligibility for mentored youth under the age of 9 to harvest big game is intended to minimize both concerns expressed in public comment. The Commission is proposing to amend § 147.804 by removing deer and turkey from the list of species mentored youth under the age of 9 are eligible to harvest.</span>



<span style="font-weight: bold">CHAPTER 147. SPECIAL PERMITS

Subchapter X. MENTORED HUNTING PROGRAM PERMIT</span>


§ 147.804. General.
* * * * *
(c) Species limitation.
(1) [A mentored youth’s hunting eligibility is restricted to the following species: squirrel, woodchuck, coyote, deer and wild turkey.] The hunting eligibility of a mentored youth under the age of 9 is restricted to the following species: squirrel, woodchuck and coyote.
(2) The hunting eligibility of a mentored youth 9 years of age or older is restricted to the following species: squirrel, woodchuck, coyote, deer and wild turkey.
(3) A mentored adult’s hunting eligibility is restricted to the following species: squirrel, ruffed grouse, rabbit, pheasant, bobwhite quail, hares, porcupine, woodchuck, crow, coyote, antlerless deer and wild turkey.



<span style="font-weight: bold">
Amend 58 Pa. Code § 141.4.</span>


Commentary: The Commission is proposing to amend § 141.4 to <span style="font-weight: bold">replace the current hunting hours table and migratory bird hunting hours table to accurately reflect the dates and hours of legal hunting for the 2015-2016 hunting license year</span>.




http://www.portal.state.pa.us/portal...ary_agenda_pdf

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Re: January BOC Agenda

<span style="font-weight: bold">BUREAU OF WILDLIFE HABITAT MANAGEMENT

PROPOSED RULE MAKING

A. Amend 58 Pa. Code §§ 135.41 and create Chapter 147, Subchapter AA.


Commentary</span>: At the Board of Commissioners meeting conducted on June 10, 2014, the Bureau of Wildlife Habitat Management was directed to study the feasibility of the Game Commission enacting a <span style="font-weight: bold">permit requirement for all game lands secondary users who are not currently in possession of a valid hunting or furtaking license</span>. At the Commissioner’s Working Group Meeting on August 11, 2014, a briefing and recommendation was presented by the Bureau of Wildlife Habitat Management to require the permit for those individuals that were utilizing designated trails on State Game Lands for the purpose of bicycling, horseback riding and snowmobiling. At the Commission Meeting on September 23, the proposed rulemaking was tabled to allow for additional input from Commission Staff. Based on those staff discussions and the public comments received and in order to manage the game lands for its intended uses, the following proposed rulemaking is being offered for Board consideration. This proposal allows the agency to disseminate information to the secondary users of game lands that do not purchase a hunting or furtaking license (and therefore do not receive the annual hunting and trapping digest) and to collect information from these individuals to further protect and enhance the primary purposes of hunting, trapping, and wildlife management on game lands.



<span style="font-weight: bold">CHAPTER 135. LANDS AND BUILDINGS

Subchapter C. STATE GAME LANDS</span>§ 135.41. State game lands.


* * * * *
(c) Additional prohibitions. In addition to the prohibitions contained in the act pertaining to State game lands and § 135.2, except with the written permission of the Director, it is unlawful to:
* * * * *
(5) [Ride] Hike on foot or ride a nonmotorized vehicle, conveyance or animal from the last Saturday in September until the third Saturday in January, and [before 1 p.m.] from the second Saturday in April through [the last Saturday in May] Memorial Day inclusive, except on Sundays or while lawfully engaged in hunting, trapping or fishing.
* * * * *
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(23) Ride on designated bike trails, snowmobile trails or horse trails or hike on foot on any lands or waters designated as State game lands, unless the person is in possession of a valid hunting or furtaker license or a valid SGL permit signed by its holder. This provision shall not be construed to apply to:
(i) Persons 15 years of age or younger or up to one person accompanying another person in possession of a valid Pennsylvania hunting or furtaking license or a Commission-issued trail permit.
(ii) Persons using the Appalachian Trail, Laurel Highlands Trail, Horse-Shoe Trail, rails-to-trails or other trails on State game lands under current written agreement or other formal legal authorization permitting such use.
CHAPTER 147. SPECIAL PERMITS
Subchapter AA. STATE GAME LANDS TRAIL PERMIT
§ 147.1021. Purpose and scope.
This subchapter provides for trail permits to be issued to eligible persons to authorize their holders to ride on designated bike trails, snowmobile trails or horse trails or hike on foot on lands and waters designated as State game lands.
§ 147.1022. Eligibility and application.
(a) Trail permits will only be issued to persons 16 years of age or older who do not possess a valid Pennsylvania hunting or furtaker license.
(b) Applications for trail permits issued under this subchapter shall be made on a form provided by the Commission.
(c) Applications must include the name and contact information of the permit applicant.
(d) There is no fee for a trail permit.
§ 147.1023. Trail permit.
(a) A trail permit issued under this subchapter authorizes the permittee to ride on designated bike trails, snowmobile trails or horse trails or hike on foot on lands and waters designated as State game lands.
(b) Permittees shall utilize designated bike trails, snowmobile trails or horse trails or hike on foot on lands and waters designated as State game lands in a manner consistent
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with applicable requirements, conditions and restrictions provided for in the act and §§ 135.2 and 135.41 (relating to unlawful actions and State game lands).
§ 147.687. Sunset clause.
The provisions of this subchapter shall become effective July 1, 2015 and shall expire and be rendered void on June 30, 2018, unless the Commission further authorizes their legal effectiveness prior to this termination date.



http://www.portal.state.pa.us/portal...ary_agenda_pdf

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post #4 of 4 (permalink) Old 01-12-2015, 10:20 PM Thread Starter
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Re: January BOC Agenda

<span style="font-weight: bold">REAL ESTATE</span>


<span style="font-weight: bold">B. Donation</span>


Contract No. L-3673, <span style="font-weight: bold">State Game Land No. 217, Lehigh County
Commentary: Nancy F. Becker is offering a donation of 3.35 +/- acres of land in Washington Township, Lehigh County which adjoins State Game Land No. 217</span> (Exhibit RED 1). The property is forested with mixed oaks and has a spring seep located on the northwest edge of the property. The tract is accessed from State Game Land No. 217.





<span style="font-weight: bold">Acquisition



Contract No. L-3674, State Game Land No. 311, Elk County

Commentary: Anthony W. Gelotti is offering for sale 0.25 +/- acres in Benezette Township, Elk County adjacent to State Game Land No. 311 (Exhibit RED 2). The option price is $1,500 lump sum to be paid with funds from third party commitments for compensation of habitat and recreational losses which occurred on State game lands from previously approved projects.</span> The tract is planted in cool season grasses and mowed periodically. The property is accessed from Winslow Hill Road.




<span style="font-weight: bold">Contract No. L-3675, State Game Land Nos. 91 and 207, Luzerne County

Commentary: The Conservation Fund (TCF) is offering for sale 1,980 +/- acres of land in Jenkins, Plains, Bear Creek and Hanover Townships, Luzerne County. Some of tracts adjoin State Game Land No. 91 (Exhibit RED 3) and some tracts are located near State Game Land No. 207 </span>(Exhibit RED 4). All timber assets have been previously reserved by Deer Park Lumber, Inc. until August 1, 2028. All oil and gas will be reserved by the Theta Land Corporation until August 1, 2055. The Commission has the option of paying the full purchase price in one lump sum payment of $2,574,000 or in a series of phased closings with an initial payment of $858,000 followed by a second installment of $909,480 and a third and final installment of $883,740. These installment payments may be paid in cash or in lieu thereof the Commission, at its sole discretion, may choose to exchange timber from other State Game Land tracts. If the installment option is selected the Agreement allows the transfer and sale of an undivided one-third interest of the property per annual payment until the entire property (100%) has been transferred to the Commission. The property is mainly forested with mixed oak, maple, ash, and cherry with minimal forest openings. There are numerous streams classified as cold water fisheries located on the property including Gardner Creek, Warden Run, and Mill Creek. Access is through existing State Game Land No.91 and Bald Mountain Road. The two small detached parcels are located west of State Game Land No. 207 and west of I-81.


<span style="font-weight: bold">Contract No. L-3676, State Game Land No. 168, Northampton County

Commentary: Betty Jane Bellas is offering for sale 3.06 +/- acres in Moore Township, Northampton County adjacent to State Game Land No. 168 </span>(Exhibit RED 5). The option price is $8,000 lump sum to be paid with funds from the Game Fund. The tract is mostly forested with mixed oak, poplar, black gum, birch and red maple. The property will connect two parcels of State Game Land No. 168 by joining a detached parcel to the main portion of State Game Land No. 168. The property will provide critical access into a portion of State Game Land No. 168 with limited access. Access is through existing State Game Land No. 168 from Smith Gap Road.



<span style="font-weight: bold">Contract No. L-3677, State Game Land No. 168, Northampton County

Commentary: Kenneth S. Walter is offering for sale 2.32 +/- acres in Lehigh Township, Northampton County adjacent to State Game Land No. 168 </span>(Exhibit RED 6). The option price is $5,000 lump sum to be paid with funds from the Game Fund. The tract is mostly forested with mixed oak, poplar, black gum, birch and red maple. The property will connect two parcels of State Game Land No. 168 by joining a detached parcel to the main portion of State Game Land No. 168. The property will provide critical access into a portion of State Game Land No. 168 with limited access. Access is through existing Sate Game Land No. 168 from Timberline Road.






<span style="font-weight: bold">OIL/GAS & MINERALS



D. Restricted Non-Surface Use Oil and Gas Cooperative Agreement
Tract 133A-15, State Game Land No. 133, Lycoming County


Commentary: Anadarko Onshore E&P, LLC (Anadarko) of Williamsport, Pennsylvania requested the Commission offer its oil and gas rights under State Game Land No. 133 for non-surface use development. The proposed tract, containing approximately 10.7 acres, is located in Gamble Township, Lycoming County </span>(Exhibit OGM 1).

Anadarko has a strong privately owned oil/gas lease position surrounding the southeastern portion of State Game Land No. 133, and has initiated unconventional well drilling and development activity in the vicinity of the proposed tract. Anadarko also has the ability to unitize and develop the Commission’s oil and gas reserves under the proposed tract by horizontal drilling <span style="font-weight: bold">with no surface use or disturbance to the game land.</span> PGC staff has negotiated the proposed terms of the Agreement with Anadarko in an effort to prudently develop the Commission’s oil/gas reserve, as well as to simultaneously protect the wildlife resources and recreational use of State Game Land No. 133.
The terms of the Agreement are a five year paid up non-surface use oil and gas agreement, a $2,000 per net oil and gas acre bonus payment (total bonus of $21,400) and 18% royalty for all oil/gas and other liquids or condensates produced and sold from the proposed tract. The bonus payment of approximately $21,400 shall be deposited into the Game Fund. Future rentals and royalties owed the Commission shall also be deposited into the Game Fund.
Oil and gas development will be regulated by the Commonwealth’s oil and gas regulations and the Commission’s standard restricted surface use oil and gas cooperative agreement.




<span style="font-weight: bold">Restricted Non-Surface Use Oil and Gas Cooperative Agreement

Loyalsock Game Farm, Lycoming County</span>


<span style="font-weight: bold">Commentary: Inflection Energy, LLC (Inflection) of Denver, Colorado has requested the Commission offer its oil and gas rights under Loysalsock Game Farm for non-surface use development. The proposed tract, containing approximately 389.15 acres, is located in Loyalsock Township, Lycoming County </span>(Exhibit OGM 2).


Inflection has a strong privately owned oil/gas lease position surrounding the Loyalsock Game Farm, and has initiated unconventional well drilling and development in the vicinity of the proposed tract. Inflection has the ability to unitize and develop the Commission’s oil and gas reserve under the proposed tract by horizontal drilling <span style="font-weight: bold">with no surface use or disturbance to PGC property.</span> PGC staff has negotiated the proposed terms of the Agreement with Inflection in an effort to prudently develop the Commission’s oil and gas reserves, while simultaneously protecting the wildlife resources and pheasant production at the Loyalsock Game Farm.
The terms of the Agreement are a five year paid up non-surface use oil and gas agreement, a $4,000 per net oil and gas acre bonus payment and 20% royalty for all oil/gas and other liquids or condensates produced and sold from the proposed tract. The bonus payment of approximately $1,556,600 shall be deposited into the Game Fund. Future rentals and royalties owed the Commission shall also be deposited into the Game Fund.
Oil and gas development will be regulated by the Commonwealth’s oil and gas regulations and the Commission’s standard restricted surface use oil and gas cooperative agreement.





http://www.portal.state.pa.us/portal...ary_agenda_pdf

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