RULES AND REGULATIONS
Title 58--RECREATION
GAME COMMISSION
[58 PA. CODE CHS. 141 AND 143]
Hunting and Trapping; Hunting and Furtaker Licenses
[28 Pa.B. 3801] To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its July 14, 1998 meeting, adopted the following changes:
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 § 143.45 (relating to completing and submitting applications) to 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.
These amendments are hereby adopted under the authority of 34 Pa.C.S. (relating to the Game and Wildlife Code) (code).
Amendment to Chapter 141
1. Introduction
To effectively manage the wildlife resources of this Commonwealth, the Commission at its April 21, 1998, meeting proposed, and at its July 14, 1998, meeting finally adopted, changes to §§ 141.6, 141.62 and 141.63 to allow the trapping of beaver using snares. These changes were adopted under sections 322(c)(5) and 2102(a) of the code (relating to powers and duties of commission; and regulations).
2. Purpose and Authority
Snares previously could not 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 adopted changes to §§ 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 were adopted under this authority.
3. Regulatory Requirements
The adopted changes authorize what was not permitted.
4. Persons Affected
Individuals wishing to trap beavers in this Commonwealth are affected by the changes.
5. Comment and Response Summary
No comments were received with regard to the proposed changes.
6. Cost and Paperwork Requirements
The changes will not result in any additional cost or paperwork requirements.
Amendment to Chapter 143, Subchapter C
1. Introduction
To effectively manage the wildlife resources of this Commonwealth, the Commission at its April 21, 1998, meeting proposed changes to Chapter 143, Subchapter C (relating to antlerless deer licenses) to modify provisions and procedures for issuing surplus antlerless deer licenses. At its July 14, 1998, meeting, the Commission finally adopted only a change to § 143.45 (relating to completing and submitting applications) to allow over the counter issuance of unsold antlerless deer licenses starting on the first Monday in November. This change was adopted under the authority contained in section 2722(g) of the code (relating to authorized license-issuing agents).
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. Although the Commission originally proposed changes to the surplus antlerless deer license system and to allow over the counter issuance, because of continued public concern over deer populations, it decided to only allow over the counter issuance beginning the first Monday in November. This measure should reduce 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 license issuance. The change is made under this authority.
3. Regulatory Requirements
The change will relax current regulatory requirements.
4. Persons Affected
County Treasurers and their employes and persons wishing to hunt antlerless deer in this Commonwealth will be affected by the changes.
5. Comment and Response Summary
No official comments were received with regard to the proposed changes but the Commission has continued to receive expressions of concern about deer populations in parts of this Commonwealth.
6. Cost and Paperwork Requirements
The changes will not result in any additional cost or paperwork.
Effective Dates
The changes are effective on final publication in the Pennsylvania Bulletin and remain in effect until changed by the Commission.
Contact Person
For further information on the change, the contact person is James R. Fagan, Director, Bureau of Law Enforcement, (717) 783-6526, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797.
Findings
The Commission finds that:
(1) Public notice of intention to adopt the administrative amendments adopted by this order has been given under sections 201 and 202 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. §§ 1201 and 1202) and the regulations thereunder, 1 Pa. Code §§ 7.1 and 7.2.
(2) The adoption of the amendments of the Commission in the manner provided in this order is necessary and appropriate for the administration and enforcement of the authorizing statute.
Order
The Commission, acting under authorizing statute, orders that:
(a) The regulations of the Commission, 58 Pa. Code Chapters 141 and 143, are amended by amending §§ 141.6, 141.62 and 141.63 to read as set forth at 28 Pa.B. 2814 (June 20, 1998), and by amending § 143.45 to read as set forth in Annex A.
(b) The Executive Director of the Commission shall submit this order, 28 Pa.B. 2814 and Annex A and deposit them with the Legislative Reference Bureau as required by law.
(c) This order amending §§ 141.6, 141.62, 141.63 and 143.45, shall become effective upon final publication in the Pennsylvania Bulletin.
DONALD C. MADL,
Executive Director(Editor's Note: Proposed amendments to §§ 143.42, 143.51, 143.52 and 143.55, included in the proposal at 28 Pa.B. 2814, were not included in these final-form regulations.)
Fiscal Note: Fiscal Note 48-103 remains valid for the final adoption of the subject regulations.
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 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.
(b) Except for qualified landowners, an application may not be accepted by a county treasurer prior to the start of the normal business day on the first Monday in August.
(c) The application shall be legibly completed, in its entirety, in accordance with instructions on the application.
(d) The application shall be mailed only in the envelope provided.
(e) Applications are limited to not more than three per envelope.
(f) The appropriate preprinted number on the outside of the envelope shall be circled indicating the number of applications enclosed.
(g) The envelope shall contain return first class postage and be self-addressed. If requirements of this subsection are not met, applications shall be placed in a dead letter file and may be reclaimed by the applicant upon contacting the county treasurer. Postage, both forward and return, is the responsibility of the applicant.
(h) Unless otherwise ordered by the Director, remittance shall be in the form of a negotiable check or money order payable to ''County Treasurer'' for applications enclosed, and in the total amount specified in the act for each license. Cash may be accepted by county treasurers for over the counter sales.
[Pa.B. Doc. No. 98-1274. Filed for public inspection August 7, 1998, 9:00 a.m.]
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