PROPOSED RULEMAKING
GAME COMMISION
[58 PA. CODE CHS. 141 AND 143]
Small Game; Mandated Revocation of Hunting and Trapping Lincense and Rights
[27 Pa.B. 4458] To effectively manage the wildlife resources of this Commonwealth, the Commission (Commission) at its June 24, 1997, meeting, proposed the following amendments to read as set forth in Annex A:
Amend § 141.22 (relating to small game) by changing the shot size restriction for taking furbearers.
Amend Chapter 143, Subchapter G (relating to mandated revocation of hunting and trapping license and right) by adding §§ 143.124--143.127, to require a person whose hunting or furtaking privileges have been denied under to section 2522(c)(1)--(3) of the code (relating to shooting at or causing injury to human beings) to show proof of taking a vision examination and complete a hunter education course before his license can be restored.
These amendments will have no adverse impact on the wildlife resources of this Commonwealth.
The authority for the proposal of these amendments is 30 Pa.C.S. (relating to Game and Wildlife Code)(code).
These proposals were made public at the June 24, 1997, meeting of the Commission, and comments on these proposals may be sent to the Executive Director of the Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797 until September 19, 1997.
Proposed amendment to § 141.22
1. Introduction
To effectively manage the wildlife resources of the Commonwealth, the Commission, at its June 24, 1997, meeting proposed changing § 141.22 to increase the size of shot that may lawfully be used to take furbearers to size BB. This change is proposed under sections 322(c)(5) and 2102 of the code (relating to specific powers and duties; and regulations).
2. Purpose and Authority
Representatives of the furtaking community initiated the proposed change because of their belief that the smaller shot currently required does not have adequate shocking and penetrating power to humanely harvest furbearers. Commission staff review of the recommendation produced agreement.
Section 322(c)(5) of the code authorizes the Commission to fix the type and number of devices which may be used to take game or wildlife. Section 2102 of the code directs the Commission to promulgate regulations relating to the types of devices allowed for hunting or furtaking. These provisions provide the statutory basis for the proposed change.
3. Regulatory Requirements
The proposed change would relax current regulatory requirements.
4. Persons Affected
Individuals who wish to engage in furtaking would be affected.
5. Cost and Paperwork Requirements
The proposed change would not result in any additional cost either to the Commission or to hunters.
Proposed amendment to Chapter 143, Subchapter G
1. Introduction
On December 19, 1996, the Governor signed Act 184 of 1996, which amended section 2522 of the code (relating to shooting at or causing injury to human beings). Two major changes introduced by Act 184 involve the imposition of additional prerequisites to receiving a hunting or furtaking license after suspension for having shot at, injured or killed a human being. One of these prerequisites is providing evidence to the Commission, of having successfully completed a hunter/trapper education course. The other is providing evidence of having taken a vision examination administered by a licensed ophthalmologist or optometrist. The proposed additions to Chapter 143, Subchapter G provide standards for the vision examination and require proof of completion of a hunter/trapper education course. These provisions are adopted under authority contained in section 2721 of the code (relating to license issuance supervision) and section 2102 of the code.
2. Purpose and Authority
As indicated in the Introduction, recently adopted Act 184 requires successful completion of a hunter/trapper education course and a vision examination before individuals who have had their hunting and furtaking license suspended by reason of having shot at, injured or killed a human being can have their privileges reinstated. To implement these regulations, the Commission, at its June 24, 1997, meeting proposed adding §§ 143.124--143.127, to Subchapter G which would prescribe standards for those vision examinations and implement the requirements.
Section 2721 of the code provides that the issuance of all hunting and furtaking licenses''... shall be in accordance with regulations of the Commission.'' Section 2102 of the code authorizes the Commission to promulgate regulations relating to hunting and furtaking.
3. Regulatory Requirements
Under the proposed sections, a person whose hunting and furtaking privileges have been denied as a result of having shot at, injured or killed a human being shall provide to the Commission, on forms provided, proof of meeting minimum visual acuity standards and evidence of having successfully completed a Commission-sponsored hunter/trapper education course.
4. Persons Affected
The only persons that would be affected by the proposed sections are those who have been denied hunting and furtaking privileges as the result of having shot at, injured or killed a human being.
5. Cost and Paperwork Requirements
Those persons wishing to have their hunting and furtaking privileges restored would need to bear the costs of taking a the Commission-sponsored hunter/trapper education course, having a visual examination by a licensed ophthalmologist or optometrist and submitting simple forms evidencing satisfaction of those requirements. Because of the relatively small number of persons involved, it is anticipated that the cost to the Commission will be minimal.
Effective Dates
The proposed changes will be effective on final publication in the Pennsylvania Bulletin and remain in effect until changed by the Commission.
Contact Person
For further information on the proposed changes the contact person is James R. Fagan, Director, Bureau of Law Enforcement, (717) 783-6526, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797.
DONALD C. MADL,
Executive DirectorFiscal Note: 48-100. No fiscal; (8) recommends adoption.
Annex A
TITLE 58. RECREATION
PART III. GAME COMMISSION
CHAPTER 141. HUNTING AND TRAPPING
Subchapter A. GENERAL § 141.22. Small game.
(a) Unlawful activities. It is unlawful to:
(1) Take small game, [furbearers,] protected mammals or protected birds using shot larger than #4 lead, #4 Bismuth/tin or #2 steel.
(2) Take furbearers using shot larger than size BB lead, size BB Bismuth/tin or size BB steel.
[(2)] (3)***
[(3)] (4)***
[(4)] (5)***
[(5)] (6)***
[(6)] (7)***
* * * * *
CHAPTER 143. HUNTING AND FURTAKER LICENSES
Subchapter G. MANDATED REVOCATION OF HUNTING AND [TRAPPING] FURTAKING LICENSE AND RIGHTS § 143.124. Restoration of hunting and furtaking privileges of offenders in hunting related shooting incidents.
A person whose hunting and furtaking privileges have been denied under section 2522(c)(1)--(2) and (3) of the act (relating to shooting at or causing injury to human beings), shall, prior to having hunting and furtaking privileges restored, comply with the following:
(1) Provide to the Commission on a form provided, evidence that the offender has met the following minimum visual acuity standards:
(i) A combined vision of 20/40 or better corrected or 20/40 or better corrected vision in the sighting eye.
(ii) In the case of a single sighted offender, mono vision of 20/40 or better corrected.
(iii) A plotted visual field of at least 120° along the horizontal meridian, excepting normal blind spots.
(iv) An affirmation by a licensed optometrist or ophthalmologist that the offender is visually safe to sport hunt.
(2) Provide to the Commission on a form provided, evidence that the offender has successfully completed a Commission sponsored hunter/trapper education course.
§ 143.125. Compliance with Commission order.
When the Commission requires a person to wear corrective lenses under section 2522(g) of the act (relating to shooting at or causing injury to human beings), that person shall at all times while hunting or furtaking wear corrective lenses.
§ 143.126. Unlawful acts.
It is unlawful for a person whose hunting and furtaking privileges have been denied under section 2522(c) of the act (relating to shooting at or causing injury to human beings), to hunt or take fur or to purchase or attempt to purchase a hunting or furtaking license prior to complying with this subchapter.
§ 143.127. Penalties.
A person who violates this subchapter shall be subject to the penalties as provided in the act.
[Pa.B. Doc. No. 97-1398. Filed for public inspection August 29, 1997, 9:00 a.m.]
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