PROPOSED RULEMAKING

GAME COMMISSION

[ 58 PA. CODE CH. 143 ]

Hunting and Furtaker Licenses

[40 Pa.B. 1749]
[Saturday, April 3, 2010]

 To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) proposed the following rulemaking at its January 26, 2010, meeting:

 Amend § 143.45 (relating to completing and submitting applications) to authorize county treasurers to begin selling antlerless licenses over the counter on the first Monday in October.

 The proposed rulemaking will have no adverse impact on the wildlife resources of this Commonwealth.

 The authority for the proposed rulemaking is 34 Pa.C.S. (relating to Game and Wildlife Code) (code).

 The proposed rulemaking was made public at the January 26, 2010, meeting of the Commission. Comments can be sent to the Director, Information and Education, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, until April 14, 2010.

1. Purpose and Authority

 Commission staff recently met with the County Treasurer's Association (Association) to discuss outcomes and concerns related to the first year of antlerless deer license issuance through the Pennsylvania Automated Licensing System (PALS). The Association suggested that a change be made to the regulation to help them process applications more efficiently. The Association asked that Statewide over the counter sales begin earlier so that hunters will not have to apply by mail. The Commission is proposing to amend § 143.45 (relating to completing and submitting applications) to authorize county treasurers to begin selling antlerless licenses over the counter on the first Monday in October.

 Section 2722(g) of the code (relating to authorized license-issuing agents) directs the Commission to adopt regulations for the administration, control and performance of license issuing activities. Section 2102(a) of the code (relating to regulations) provides that ''The commission shall promulgate such regulations as it deems necessary and appropriate concerning game or wildlife and hunting or furtaking in this Commonwealth, including regulations relating to the protection, preservation and management of game or wildlife and game or wildlife habitat, permitting or prohibiting hunting or furtaking, the ways, manner, methods and means of hunting or furtaking, and the health and safety of persons who hunt or take wildlife or may be in the vicinity of persons who hunt or take game or wildlife in this Commonwealth.'' The amendment to § 143.45 was proposed under this authority.

2. Regulatory Requirements

 The proposed rulemaking will amend § 143.45 to authorize county treasurers to begin selling antlerless licenses over the counter on the first Monday in October.

3. Persons Affected

 Persons wishing to apply for antlerless deer licenses from county treasurers over the counter within this Commonwealth may be affected by the proposed rulemaking.

4. Cost and Paperwork Requirements

 The proposed rulemaking should not result in any additional cost or paperwork.

5. Effective Date

 The proposed rulemaking will be effective upon final publication in the Pennsylvania Bulletin and will remain in effect until changed by the Commission.

6. Contact Person

 For further information regarding the proposed rulemaking, contact Richard R. Palmer, Director, Bureau of Wildlife Protection, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717) 783-6526.

CARL G. ROE, 
Executive Director

 Fiscal Note: 48-305. No fiscal impact; (8) recommends adopton.

Annex A

TITLE 58. RECREATION

PART III. GAME COMMISSION

CHAPTER 143. HUNTING AND FURTAKER LICENSES

Subchapter C. ANTLERLESS DEER LICENSES

§ 143.45. Completing and submitting applications.

 (a) Except as otherwise provided in § 143.52 (relating to procedure for unlimited antlerless licenses) and for those applications submitted by qualified landowners, it is unlawful for a county treasurer to accept an application other than by regular first class mail delivered through and by the United States Postal Service. Applications for unsold antlerless deer licenses shall be accepted by county treasurers over the counter and may immediately be processed if licenses are available beginning on the first Monday in [November] October.

*  *  *  *  *

[Pa.B. Doc. No. 10-594. Filed for public inspection April 2, 2010, 9:00 a.m.]

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