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Highlights from PBGC meeting in Harrisburg

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HARRISBURG — The Pennsylvania Board of Game Commissioners met today at the Game Commission's Harrisburg headquarters to hear public comments and conduct official business. The highlights from today's meeting follow.

Changes to Antlerless Deer License Process

The Board of Commissioners has adopted a change to the regulations governing the sale of antlerless deer licenses, providing the Commission greater flexibility in determining how and when licenses are made available to hunters.

Previously, regulations prescribed a specific schedule for antlerless license sales. The change removes that schedule from regulation and allows the Commission to establish a sales structure each year that best meets the needs of hunters and reflects the number of licenses available.

The Commission will continue to establish antlerless license allocations annually for each Wildlife Management Unit (WMU) based on the deer management plan objectives for each WMU. The regulatory change does not establish a new sales schedule or require a particular method of sale. Rather, it provides flexibility for the Commission to adjust the process as needed to make purchasing licenses as convenient and straightforward as possible for hunters.

"As the way hunters purchase licenses continue to evolve, we want the flexibility to structure sales in a way that works best for our hunters," said PGC Executive Director Steve Smith. "This change simply gives us the ability to make adjustments to the sales process without having a specific schedule set in regulation."

The change approved by the board requires that notice be given at least 30 days prior to licenses going on sale, and that the sale of licenses be consistent with the Commission's deer management plan.

Proposed Change to Commercial Guide Reporting

The Board also proposed to eliminate the annual reporting requirement for licensed commercial guides.

The proposed change would eliminate the requirement for guides to submit a separate annual report to the Commission. The Commission determined that these annual reports are no longer necessary for its operational needs, while existing recordkeeping requirements would remain in place.

Commercial guides would still be required to maintain complete and accurate field records of their guided activities, including information about clients, dates of guided activities, wildlife harvested, and accompanying guides. Those records would continue to be maintained and made available for inspection as required by law.

Real Estate

The board approved the following land donations, acquisitions, exchanges and OGM agreements and the PGC will announce when these newly acquired lands will be open to the public:

Donations

Stanley C. Drabick and Sally S. Drabick are offering 1 +/- acre of land in Eulalia Township, Potter County, adjoining State Game Land No. 59. This acquisition will provide access to the southern portion of the existing game land. Additionally, it will protect the stream corridor and ensure continued public access for the Allegheny River.

The Department of Environmental Protection (DEP) is offering 346 +/- acres of land in Bern Township, Berks County, near State Game Land No. 280. This acquisition serves to increase hunting and trapping access for over 1,500,000 people who live within 30 miles of this property. These parcels will also provide an important wildlife travel corridor along the Schuylkill River. Access is from Cross Keys Road, Rickenbach Road and Marina Lane.

Acquisitions

Northern Allegheny Conservation Association is offering 44 +/- acres of land in Pine Grove Township, Warren County, adjoining State Game Land No. 282. This acquisition lies within Akeley Swamp, a Natural Heritage Area and Important Bird Area that supports an abundance of breeding and migratory wetland and grassland bird species, including the Virginia Rail, a Pennsylvania bird species of special concern. Access is through existing State Game Land No. 282.

JKLM Energy, LLC. is offering 224 +/- acres of land partly in Catherine Township, Blair County and partly in Morris and Porter Townships, Huntingdon County, adjoining State Game Land No. 118. The property is to be managed for the primary benefit of the Indiana bat in accordance with an Indiana bat management plan developed cooperatively by the Commission and the USFWS. Access is from State Route 22. The Indiana bat is a federal and state-listed endangered species.

Exchanges

Conneaut Lake Volunteer Fire Department of Conneaut Lake Borough and Sadsbury Township (CLVFD) is offering to participate in an exchange of 0.13+/- acres in Sadsbury Township, Crawford County, being a part of State Game Land No. 213 for 36 +/- acres of land in Summit Township, Erie County, adjoining State Game Land No. 109. The parcel improves property integrity and manageability by being an indenture to the existing game lands. This exchange will expand woodcock management opportunities. Access is from State Route 97.

Elk County Riders ATV (RIDERS) is offering to participate in an exchange of 22.4 +/- acres in Jay Township, Elk County, being a part of State Game Land No. 338 for 42 +/- acres of land in Jay Township, Elk County, adjoining State Game Land No. 338. This exchange will remove an ATV trail from the existing game lands while improving access to another portion of State Game Land No. 338. Access is from Cleveland Street.

Michael P. DeLullo and Ashley L. Delullo are offering 27 +/- acres of land in Jay Township, Elk County, adjoining State Game Land No. 338, to the Commission in exchange for 27 +/- acres of State Game Land No. 338 in Jay Township, Elk County. This exchange will provide better hunter access and usage as the portion being exchanged is prone to ATV use and is relatively inaccessible. Access is from McClintick and Smith Hill Road.

Rights-of-Way

Red Bend Hunting and Fishing Club and Fugavie Hunting Club are offering to donate a 30-foot-wide right-of-way (ROW) along a total of 218 +/- feet of existing road into State Game Land No. 114 in Cogan House Township, Lycoming County. This ROW will connect two areas of State Game Land No. 114, providing vehicular access for the Commission, its agents and contractors, as well as pedestrian access for lawful game land users coming from State Game Land Road (Private).

The Dwight G. Lewis Testamentary Business Asset Marital Trust (Lewis Trust) is offering to donate a 40-foot-wide right-of-way (ROW) along 2,717 +/- feet of existing road into State Game Land No. 134 in Hillsgrove Township, Sullivan County. The Lewis Trust is also offering to donate rights for the Commission to construct, operate and maintain a parking lot up to 0.20 acre in size. This ROW will provide vehicular access for the Commission, its agents and contractors, and lawful game land users coming from Norton Road (T-351). The parking lot will allow the Commission to seasonally manage vehicular access by lawful game land users.

Robert T. Evans is offering a 30-foot-wide right-of-way (ROW) along 104 +/- feet of existing road into State Game Land No. 193 in Union Township, Union County. This ROW will provide vehicular access to this portion of State Game Land No. 193 for the Commission, its agents and contractors, as well as pedestrian access for lawful game land users coming from Supplee Mill Road (T-458).

Land Management Systems, Inc. is offering a 50-foot-wide right-of-way (ROW) along 3,208 +/- feet of existing access road into State Game Land No. 61 in Liberty Township, McKean County. This ROW will provide vehicular access to this portion of State Game Land No. 61 for the Commission, its agents and contractors, and lawful game land users coming from Skinner Creek Road (T-489).

Coal Refuse Reclamation Agreements

Robindale Energy Services, Inc. of Armagh, Pennsylvania has requested an Agreement to mine and remove economically recoverable coal refuse material from four abandoned coal refuse piles within approximately 27 +/- acres including support area of State Game Land No. 276. The Commission owns the surface and surface support rights, and coal refuse conveyed with the property. The coal refuse removal and reclamation will occur within an overall larger project area under development with the Pennsylvania Department of Environmental Protection-Bureau of Abandoned Mine Reclamation to eliminate additional abandoned mine land features and reclaim abandoned mine lands. Removal of the coal refuse will result in restored wildlife habitat and improved water quality in Blacklick Creek.

A floodplain restoration project along the Schuylkill River is being completed by the Schuylkill Conservation District (SCD) in cooperation with Schuylkill Headwaters Association and the Commission within approximately 40 +/- acres including support area of State Game Land No. 286. The project scope includes the removal of approximately 247,000 cubic yards of coal silt from past river dredging and on-site processing, the reclamation of an approximate 21-acre abandoned coal silt settling dam, and the reconnection and creation of approximately 19 acres of floodplain wetlands, wetlands fringe, and riparian buffer areas. The project is being funded by a Federal grant awarded to the SCD through the Pennsylvania Department of Environmental Protection-Bureau of Abandoned Mine Reclamation AML (abandoned mine lands)/AMD (abandoned mine drainage) Grant Program. The Commission owns the surface and surface support rights, and coal refuse conveyed with the property. The project is in the pre-construction phase and the SCD expects to issue a Request for Proposal for a construction contractor. The Commission will then enter into an agreement with an operator to account for, transport, and sell the coal refuse material. All proceeds from the sale of coal refuse will be deposited into the Game Fund. Additional value will be realized through reclamation of an abandoned mine land feature, restoration and creation of quality wildlife habitat, and improved recreation. Mining will be regulated by the Commonwealth's Mining Regulations.

The board tabled the following items:

JKLM Energy, LLC of Sewickley, PA requested the Commission offer its oil and gas rights under State Game Land No. 208 for non-surface use development. The proposed tract, containing approximately 8,572 +/- net oil/gas acres, is located in Clymer and Gaines Townships, Tioga County. JKLM will access the 8,572 +/- net acre reserves from its current and planned drilling operations on adjacent areas off State Game Land No. 208 by horizontal drilling with no related disturbance to the game lands. The Commission negotiated the proposed terms of the agreement with JKLM to prudently develop its oil/gas reserve and simultaneously protect the wildlife resources and recreational use of State Game Land No. 208. This is a ten-year agreement, with a $3,000 per net oil and gas acre bonus value for all formation depths, and a 16.5% royalty for all oil, gas, and other liquids or condensates produced and sold from the proposed tract.

JKLM will exchange to the Commission the following lands:

1. 4,279 +/- acres (tract with surface rights only) in Genesee, Oswayo, and Allegheny Townships, Potter County.

2. 924 +/- acres (tract with subsurface OGM rights only) in Roulette Township, Potter County including 704 acres directly beneath and 220 acres adjacent to State Game Land No. 059.

The remaining balance of $14,184,551 of bonus value will be due in equal installments on years two through five of the anniversary of the Agreement's execution.

JKLM Energy, LLC of Sewickley, PA requested the Commission offer its oil and gas rights under No. 268 for non-surface use development. The proposed tract, containing approximately 3,023 +/- net oil/gas acres, is located in Delmar and Morris Townships, Tioga County. JKLM will access the 3,023 +/- net acre reserves from its current and planned drilling operations on adjacent areas off State Game Land No. 268 by horizontal drilling with no related disturbance to the game lands. The Commission negotiated the proposed terms of the agreement with JKLM to prudently develop its oil/gas reserve and simultaneously protect the wildlife resources and recreational use of State Game Land No. 268. This is a 10-year, year non-surface use oil and gas agreement, with a $2,200 per net oil and gas acre bonus value limited to the Marcellus Formation, and a 16.5% royalty for all oil, gas, and other liquids or condensates produced and sold from the proposed tract.

JKLM will exchange to the Commission the following lands:

1. 1,352 +/- acres (tract with surface rights only) in Keating Township, McKean County adjacent to State Game Land No. 61.

2. 438 +/- acres (tract with surface rights only) in Annin Township, McKean County.

The remaining balance of $2,301,992 of bonus value will be due in equal installments on years two through five of the anniversary of the Agreement's execution.

Seneca Resources Company, LLC of Cranberry Township, PA requested the Commission offer its oil and gas rights under the western portion of State Game Land No. 37 for non-surface use development. The proposed tract, containing approximately 9,667 +/- net oil/gas acres, is located in Charleston, Middlebury, Tioga, and Richmond Townships, Tioga County. Seneca will access the 9,667-net acre reserves from its current and planned drilling operations on adjacent areas off SGL 37 by horizontal drilling. Limited and temporary surface use may occur for accessing operational areas and conducting seismic surveys, however no earth-moving or related disturbance will occur. The Commission negotiated the proposed terms of the agreement with Seneca to prudently develop its oil/gas reserve and simultaneously protect the wildlife resources and recreational use of State Game Land No. 37. This is a ten-year non-surface use oil and gas agreement, with a $3,000 per net oil and gas acre bonus value for all formation depths, and a 17.5% royalty for all oil, gas, and other liquids or condensates produced and sold from the proposed tract. The agreement provides Seneca with an option to extend an additional five (5) years at $1,000 per acre paid for any undeveloped acreage or non-pooled leasehold at the time of the expiration of the ten-year primary term.

"After the board agenda was released, new information came to light regarding these items. In order to fully evaluate the matters, the board tabled these agenda items to analyze what decision is best for Pennsylvania hunters and the state’s wildlife resources," Smith said.

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