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PA Bulletin, Doc. No. 01-1380




[58 PA. CODE CH. 143]

Corrective Amendment to 58 Pa. Code §§ 143.42 and 143.51

[31 Pa.B. 4088]

   The Game Commission has discovered a discrepancy between the agency text of 58 Pa. Code §§ 143.42 and 143.51 (relating to definitions; and application and issuance of surplus tags) as deposited with the Legislative Reference Bureau and the official text published at 31 Pa.B. 2926 (June 9, 2001), and scheduled for Pennsylvania Code supplement to be published in the Pennsylvania Code Reporter (Master Transmittal Sheet No. 321) in August 2001. The definition of ''private land'' was not deleted in § 143.42; and in § 143.51, subsection (f)(1)--(4) was not deleted.

   Therefore, under 45 Pa.C.S. § 901: The Game Commission has deposited with the Legislative Reference Bureau a corrective amendment to 58 Pa. Code §§ 143.42 and 143.51. The corrective amendment to 58 Pa. Code §§ 143.42 and 143.51 is effective as of August 4, 2001, the date the defective official text will be announced in the Pennsylvania Bulletin.

   The correct version of 58 Pa. Code §§ 143.42 and 143.51 appears in Annex A.

Annex A




Subchapter K.  ELK LICENSES

§ 143.42.  Definitions.

   The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise:

   Application--The form issued with a regular hunting license used in applying for an antlerless license.

   County allocation--The number of licenses allocated by the Commission to an individual county.

   County treasurer--A county treasurer in this Commonwealth or a person carrying out the duties and responsibilities of a county treasurer in counties functioning under a home rule charter.

   Date issued--The date placed on the license by a county treasurer indicating when the license was mailed or given to the person named on the license.

   Envelope--The official envelope issued with a regular hunting license which shall be used by the applicant to mail completed applications to the county treasurer.

   Home address--The location where a person is legally domiciled; a true, fixed and permanent home and principal residence; and the place to which, whenever the applicant is temporarily absent, he intends to return.

   License--The numbered back tag which is issued by the county treasurer authorizing the holder thereof to hunt antlerless deer in a specific county. Each license has its own antlerless deer ear tag and antlerless deer harvest report card attached to be used only for tagging and reporting an antlerless deer harvested.

   Public drawing--An impartial, random drawing, open to public view to select successful applicants for licenses.

   Unsold tag--An antlerless deer license permitting properly licensed persons to take an antlerless deer during any firearms antlerless deer season, archery or flintlock muzzleloader and muzzleloader deer seasons in the county of issue.

   Unsold tag application--The form contained in the ''Hunting and Trapping Digest'' used in applying for an unsold tag.

   Void--A voided license which remains nonissuable.

§ 143.51.  Application and issuance of unsold tags.

   (a)  Except as provided in § 143.52 (relating to procedures for unlimited antlerless licenses), beginning on the fourth Monday in August, residents and nonresidents of this Commonwealth are eligible to receive an unsold tag.

   (b)  An applicant for this tag may not use the regular antlerless deer license application. An applicant shall only use the unsold application contained in the ''Hunting and Trapping Digest'' or a reasonable facsimile thereof.

   (c)  The applicant shall use the official antlerless deer license application envelope.

   (d)  Remittance in the form of a negotiable check or money order for the total amount due as specified in the act, payable to ''County Treasurer,'' shall accompany the application.

   (e)  Unsold tags shall be validated by the addition of the county treasurer's signature or signature stamp, date of issue and the applicant's regular hunting license back tag number. The county treasurer shall write in ink the applicant's regular hunting license back tag number on the antlerless deer ear tag.

   (f)  Beginning on the second Monday in September, residents and nonresidents of this Commonwealth are eligible to apply for one additional unsold tag by mail.

[Pa.B. Doc. No. 01-1380. Filed for public inspection July 27, 2001, 9:00 a.m.]

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