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COMMONWEALTH OF PENNSYLVANIA

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PA Bulletin, Doc. No. 15-1538

PROPOSED RULEMAKING

[ 58 PA. CODE CHS. 143 AND 147 ]

Hunting and Furtaker Licenses; Special Permits

[45 Pa.B. 4919]
[Saturday, August 22, 2015]

 To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) proposed at its June 30, 2015, meeting to amend §§ 143.182, 143.185 and 147.804 (relating to definitions; the license; and general) to add cottontail rabbit and mourning dove to the list of species that mentored youth are eligible to hunt and also require that mentored youth obtain a Migratory Game Bird License prior to hunting mourning dove.

 The proposed rulemaking will not have an 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 June 30, 2015, meeting of the Commission. Comments can be sent until September 25, 2015, to the Director, Information and Education, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797.

1. Purpose and Authority

 Since the successful implementation of the Mentored Youth Hunting Program in fall 2006, the Commission has been striving to improve upon the successes of this mentor-based program. Sporting organizations and other interested groups have continued to encourage the Commission to expand mentored youth hunting opportunities in this Commonwealth to additional species, including the cottontail rabbit and mourning dove. Importantly, the mourning dove is defined as a migratory bird species and requires the acquisition of a Migratory Game Bird License to facilitate the Harvest Information Program (HIP). HIP is a National, cooperative state and Federal program designed to improve the information collected regarding the harvest of migratory game birds. The Commission is proposing to amend §§ 143.182, 143.185 and 147.804 to add cottontail rabbit and mourning dove to the list of species that mentored youth are eligible to hunt and also require that mentored youth obtain a Migratory Game Bird License prior to hunting mourning dove.

 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 2901(b) of the code (relating to authority to issue permits) provides ''the commission may, as deemed necessary to properly manage the game or wildlife resources, promulgate regulations for the issuance of any permit and promulgate regulations to control the activities which may be performed under authority of any permit issued.'' The amendments to §§ 143.182, 143.185 and 147.804 are proposed under this authority.

2. Regulatory Requirements

 The proposed rulemaking will amend §§ 143.182, 143.185 and 147.804 to add cottontail rabbit and mourning dove to the list of species that mentored youth are eligible to hunt and also require that mentored youth obtain a Migratory Game Bird License prior to hunting mourning dove.

3. Persons Affected

 Persons wishing to hunt cottontail rabbit and mourning dove under the Mentored Youth Hunting Program will be affected by the proposed rulemaking.

4. Cost and Paperwork Requirements

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

5. Effective Date

 The proposed rulemaking will be effective upon final-form 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 Thomas P. Grohol, Director, Bureau of Wildlife Protection, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717) 783-6526.

R. MATTHEW HOUGH, 
Executive Director

Fiscal Note: 48-387. No fiscal impact; (8) recommends adoption.

Annex A

TITLE 58. RECREATION

PART III. GAME COMMISSION

CHAPTER 143. HUNTING AND FURTAKER LICENSES

Subchapter J. MIGRATORY GAME BIRD LICENSE

§ 143.182. Definitions.

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

HIP survey—The Migratory Game Bird Harvest Information Program (HIP) survey that will be completed at the time the license is issued.

Migratory Game Bird License—The license authorizing the holder thereof to hunt for migratory game birds. The license is not valid unless used in conjunction with a regular resident [or] hunting license, nonresident hunting license or mentored hunting permit.

§ 143.185. The license.

A Migratory Game Bird License is required for a person engaged in the hunting or taking of migratory game birds, unless the person otherwise qualifies for license and fee exemptions under section 2706 of the act (relating to resident license and fee exemptions). The Migratory Game Bird License shall be signed by the holder in the space provided and shall be carried at all times while hunting for migratory game birds. The holder shall produce the license upon demand of an officer authorized to enforce the act and this title.

CHAPTER 147. SPECIAL PERMITS

Subchapter X. MENTORED HUNTING PROGRAM PERMIT

§ 147.804. General.

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 (c) Species limitation.

 (1) A mentored youth's hunting eligibility is restricted to the following species: cottontail rabbit, mourning dove, squirrel, woodchuck, coyote, deer and wild turkey. Except as provided in this paragraph, mentored youth hunting permits will be issued with an antlered deer harvest tag and a spring turkey harvest tag. Harvest tags will not be issued to mentored youth applicants who are under 7 years of age at the time of application.

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[Pa.B. Doc. No. 15-1538. Filed for public inspection August 21, 2015, 9:00 a.m.]



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