PROPOSED RULEMAKING
GAME COMMISSION
[58 PA. CODE CHS. 141 AND 143]
Hunting and Trapping; Hunting and Furtaker Licenses
[28 Pa.B. 2814] To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) at its April 21, 1998, meeting, proposed amendments to read as set forth in Annex A.
Amend § 141.6 (relating to illegal devices) to permit the use of snares in addition to using leg hold and body gripping traps for the taking of beaver; and amend §§ 141.62 and 141.63 (relating to beaver trapping; and definitions) to further define tagging requirements of traps; provide for additional beaver taking opportunities by expanding the counties where beaver restrictions are relaxed; rearrange the unlawful acts portion and provide a definition for the type of snare to be used.
Amend §§ 143.42, 143.45, 143.51, 143.52 and 143.55, to provide for the issuance of unsold antlerless deer licenses by returning to the former definition of ''surplus tags'' and rewriting these sections to reflect the Commission's changes in this process. This proposed change will also provide for over the counter sales of unsold antlerless deer licenses beginning on the first Monday in November as well as by United States mail, until the supply is exhausted.
These proposed amendments will have no adverse impact on the wildlife resources of this Commonwealth.
The authority for this proposed rulemaking is 34 Pa.C.S. (relating to Game and Wildlife Code) (code).
These proposals were made public at the April 21, 1998, meeting of the Commission, and comments on these proposals can be sent to the Executive Director of the Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797 until July 3, 1998.
(Editor's Note: A proposal to amend §§ 143.45 remains outstanding at 27 Pa.B. 6334 (December 6, 1997).)
Proposed amendments to §§ 141.6, 141.62 and 141.63
1. Introduction
To effectively manage the wildlife resources of this Commonwealth, the Commission at its April 21, 1998, meeting proposed changing §§ 141.6, 141.62 and 141.63 to allow the trapping of beaver using snares. These changes were proposed under sections 322(c)(5) and 2102(a) of the code (relating to powers of the Commission; and regulations).
2. Purpose and Authority
Currently, snares cannot lawfully be used to trap furbearers in this Commonwealth. Snares, however, are less expensive, easier to use and, if properly used, can be very effective. The Commission has therefore proposed changing §§ 141.6, 141.62 and 141.63 to authorize the use of snares, on a limited basis, to trap beavers. The snares must be completely submerged under water.
Section 322(c)(5) of the code empowers the Commission to fix the type and number of devices which may be used to take game or wildlife. Section 2102(a) of the code authorizes the Commission to promulgate regulations relating to the hunting of game or wildlife in this Commonwealth. The proposed changes would be adopted under this authority.
3. Regulatory Requirements
The proposed changes would authorize what is not currently permitted.
4. Persons Affected
Individuals wishing to trap beavers in this Commonwealth could be affected by the proposed changes.
5. Cost and Paperwork Requirements
None
Proposed changes to §§ 143.42, 143.45, 143.51, 143.52 and 143.55
1. Introduction
To effectively manage the wildlife resources of this Commonwealth, the Commission at its April 21, 1998, meeting proposed changing §§ 143.42, 143.45, 143.51, 143.52 and 143.55 to modify provisions and procedures for issuing surplus antlerless deer licenses. The proposed changes allow individuals to purchase one surplus license from unexhausted allocations remaining after the fourth Monday in August. They would also allow over the counter issuance. These changes are being proposed under authority contained in section 2722(g) of the code (relating to regulations).
2. Purpose and Authority
As a result of the elimination of bonus antlerless deer licenses and their replacement by very limited surplus licenses, which involved issuance only by mail, many of the allocated antlerless deer licenses were not sold in 1997. This fact could severely impact the Commission's ability to manage deer populations in this Commonwealth. The Commission has therefore proposed changes to §§ 143.42, 143.45, 143.51, 143.52 and 143.55 which would allow the sale of one surplus antlerless deer license per hunter from unexhausted allocations starting the fourth Monday in August and which would also allow over the counter sale of the licenses beginning the first Monday in November. These measures should eliminate the large discrepancy between antlerless licenses allocated and those sold.
Section 2722(g) of the code directs the Commission to adopt regulations for the administration, control and performance of licenses issuance. The proposed changes would be made under this authority.
3. Regulatory Requirements
The proposed changes would relax current regulatory requirements.
4. Persons Affected
County treasurers and their employes and those seeking bonus antlerless deer licenses would be affected by these proposed changes.
5. Cost and Paperwork Requirements
The proposed changes relating to over-the-counter issuance may result in slight additional costs to county treasurers which should be offset by additional license issuance fees.
6. Effective Date
These proposed changes would be effective on publication of final adoption in the Pennsylvania Bulletin and would remain in effect until changed by the Commission.
7. Contact Person
For further information on the proposed changes or to comment, 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: 48-103. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 58. RECREATION
PART III. GAME COMMISSION
CHAPTER 141. HUNTING AND TRAPPING
Subchapter A. GENERAL § 141.6. Illegal devices.
It is unlawful to:
* * * * * (2) Use snares to take wildlife or furbearers except beavers may be taken with snares completely submerged under water.
* * * * *
Subchapter D. TRAPPING § 141.62. Beaver trapping.
(a) General. There shall be one durable identification tag attached to each trap or snare by means of an extension wire of sufficient length so that the name tag is completely above the water or ice level and totally visible for inspection purposes. The name tag shall visibly set forth the owner's first and last name and legal home address, or a number issued by the Commission.
(b) Unlawful acts. It is unlawful to:
[(a) It is unlawful to place] (1) Place, or make use of, materials or products except raw native wood or stone to direct the travel of beaver. Man-made materials may be used only to support traps or snares.
[(b) It is unlawful to place] (2) Place, check, reset or tend a trap or snare on an established beaver dam or beaver house, or within 15 feet of either a dam, or a house. Measurement shall be from directly above the trap or snare, across the water, ice or land to the nearest point of the structure.
[(c) It is unlawful to] (3) Set [set] body gripping traps larger than 10 inches × 10 inches.
[(d) It is unlawful, in] (4) In an area where beavers are known to inhabit, [to] set, tend or operate more than a combined total of ten traps or snares. No more than two of the traps may be body gripping traps [with a jaw spread not exceeding 10 inches,] except in the counties of Bradford, McKean, Potter, Susquehanna, Tioga and Wayne where the two body gripping trap limit does not apply.
[(e) It is unlawful to check] (5) Check, set, reset or otherwise maintain a beaver trap or snare, or [to] remove a beaver from a trap or snare, unless the person is identified by the attached name tag as the owner. This [subsection] paragraph does not prohibit the lending of assistance when the person whose name appears on the trap tag is present.
[(f) There shall be one durable identification tag attached to each trap or trap chain by means of an extension wire of sufficient length so that the name tag is completely above the water or ice level and totally visible for inspection purposes. The name tag shall visibly set forth the owner's first and last name and legal home address.]
(6) Equip snares with a spring-activating mechanism or any device designed to aid the closing of the snare loop.
§ 141.63. Definitions.
In addition to the definitions contained in the act and this part, the following words, when used in the enforcement of section 2361(a)(11) of the act (relating to unlawful acts concerning taking of furbearers), have the following meanings, unless the context clearly indicates otherwise:
* * * * * Snare--A looped galvanized or stainless stranded steel cable 3/32 inches in diameter equipped with a mechanical sliding metal release lock. A metal ferrule shall be crimped on the cable to prevent the snare loop from closing to a circumference less than 20 inches.
* * * * *
CHAPTER 143. HUNTING AND FURTAKER LICENSES
Subchapter C. ANTLERLESS DEER LICENSES § 143.42. Definitions.
The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise:
* * * * * Surplus tag--An antlerless deer license permitting properly licensed [flintlock muzzleloader hunters] persons to take an additional antlerless deer during the regular firearms antlerless deer season, archery or flintlock muzzleloader deer seasons in the county of issue.
Surplus tag application--The form contained in the Hunting and Trapping Digest used in applying for a surplus tag [and unlimited antlerless deer licenses in special regulations areas].
* * * * * § 143.45. Completing and submitting applications.
(a) Except as otherwise provided in § 143.52 (relating to procedure for [unlimited antlerless licenses] unexhausted allocation) and for those applications submitted by qualified landowners, it is unlawful for a county treasurer to accept an application in a manner other than by standard mail delivery through and by the United States Postal Service. County treasurers with unsold antlerless deer licenses shall accept applications over the counter and may immediately issue licenses beginning on the first Monday in November.
* * * * * § 143.51. Application and issuance of surplus tags.
(a) County treasurers shall accept and process surplus applications from applicants in possession of a current flintlock muzzleloader license (stamp) beginning the third Monday in August. Surplus applications accepted by county treasurers on the third Monday in August shall have the applicant's flintlock muzzleloader license number written in the upper corners of the surplus application. The applicant shall write or indicate ''Flintlock/Muzzleloader'' in the lower left corner of the official envelope.
(b) Beginning on the fourth Monday in August, remaining unsold antlerless deer licenses will be made available as surplus tags to properly licensed applicants under §§ 143.45 and 143.50 (relating to completing and submitting applications; and procedure for nonresidents of this Commonwealth). Other appropriate sections of this chapter apply.
[(b)] (c) An applicant for this tag may not use the regular antlerless deer license application. An applicant shall [only] use the surplus application contained in the Hunting and Trapping Digest or a reasonable facsimile thereof.
[(c)] (d) * * *
[(d)] (e) * * *
[(e) Surplus 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) In a county where surplus tags become available, a person who may lawfully hunt without a license as defined in section 2706 of the act (relating to resident license and fee exemptions) may take the number of surplus antlerless deer without a license during the regular firearms antlerless deer season or the archery and flintlock muzzleloader deer season equal to the number of licenses available to a licensed individual. Deer taken shall be tagged and reported as set forth in section 2323(b) of the act (relating to tagging and reporting big game kills). The tag and report shall contain the wording ''antlerless deer,'' along with the other information required.
(g) Surplus tags shall be validated by the addition of the county treasurer's signature or signature stamp, the 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.
§ 143.52. Procedure for [unlimited antlerless licenses] unexhausted allocation.
(a) A county treasurer who has unsold licenses on the fourth Monday in August and thereafter, shall accept regular antlerless, and surplus applications (see subsection (b)) by mail from residents and nonresidents of this Commonwealth and issue licenses to the applicants until the county allocation is exhausted.
(b) Beginning on the date defined in subsection (a), residents and nonresidents of this Commonwealth shall be eligible to apply for and receive one surplus tag--under the conditions in subsection (a).
(c) Beginning on the [fourth Monday in August] date defined in subsection (a), residents and nonresidents of this Commonwealth shall be eligible to apply to any county within the special regulations areas defined in § 141.1 (relating to special regulations areas) for an unlimited number of [antlerless deer licenses by mail] surplus tags under the conditions of subsection (a). Applicants shall be limited to submitting not more than three applications per official envelope when application is made through the mail.
[(b)] (d) Beginning on the date [specified] defined in subsection (a), county treasurers within the special regulations areas defined in § 141.1 (relating to special regulations areas) shall accept regular antlerless and surplus applications over the counter and by mail from residents and nonresidents of this Commonwealth and may immediately issue licenses to applicants.
§ 143.55. Unlawful acts.
It is unlawful:
* * * * * (5) Except as specified in §§ 143.52[(a) and] (b) and (c) and 143.53 (relating to procedure for [unlimited antlerless licenses] unexhausted allocation; and reapplication), to apply for or receive more than one [antlerless license or more than one surplus license] of the following:
(i) One antlerless license.
(ii) One surplus license.
* * * * *
[Pa.B. Doc. No. 98-964. Filed for public inspection June 19, 1998, 9:00 a.m.]
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