PROPOSED RULEMAKING
[58 PA. CODE CHS. 141 AND 143]
Hunting and Trapping; Hunting and Furtaker Licenses
[29 Pa.B. 1398] To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) at its January 12, 1999, meeting, proposed the following:
Amend Chapter 141 (relating to hunting and trapping), to make editorial amendments in § 141.41(1) (relating to general) to be consistent with the language in 34 Pa. Code (relating to Game and Wildlife Code) (code) and make editorial amendments to paragraph (2) that provide for the wearing of daylight fluorescent orange while hunting.
Amend § 141.43(d) (relating to deer), with addition of further requirements for the wearing and display of daylight fluorescent orange material while hunting in the proposed early flintlock muzzleloading antlerless deer season.
Amend Chapter 143 (relating to hunting and furtaker licenses), to provide additional amendatory language to § 143.51 (relating to application and issuance of surplus tags) to allow for the sale of surplus antlerless deer licenses within the Commission's administrative field regions of the Northwest, Northcentral, Southcentral, Northeast and Southeast.
Amend the flintlock muzzleloading deer license language in § 143.84 (relating to application) by removing restrictions on when the license (stamp) can be purchased; and removing the requirement of surrendering the antlerless deer license application when purchasing a muzzleloading license (stamp).
These amendments will have no adverse impact on the wildlife resources of this Commonwealth.
The authority for this proposal is the code.
This proposal was made public at the January 12, 1999, meeting of the Commission, and comments on this proposal may be sent to the Executive Director of the Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, until March 26, 1999.
Proposed Amendments to §§ 141.41 and 141.43
1. Introduction
To provide for the safety of hunters in the field and to simplify regulatory provisions relating to the wearing of fluorescent orange-colored material while hunting, the Commission at its January 12, 1999, meeting proposed changes to §§ 141.41 and 141.43 to require the wearing of daylight fluorescent orange-colored material during the proposed early flintlock muzzleloader season and to make some editorial changes. These changes are proposed under the authority contained in section 2102 of code (relating to regulations).
2. Purpose and Authority
As part of the proposed 1999-2000 seasons and bag limits, the Commission decided to propose a 3-day early flintlock muzzleloader antlerless deer season. Since this season would overlap the small game season, it was decided to require the wearing of daylight fluorescent orange-colored material which necessitated the adding of a subsection to § 141.43. In addition, the following changes to § 141.41 were proposed:
a. Change the term ''mammals'' to ''animals'' in paragraph (1) to be more consistent with terminology in the code.
b. Remove mention of turkey in paragraph (2) because there are more specific requirements for turkey hunting § 141.45 (relating to turkey).
c. Delete the last sentence of paragraph (2) because the exception is already provided for in section 2524 of the code (relating to protective material required).
Section 2101(a) of the code directs the Commission to ''. . . promulgate such regulations as it deems necessary and appropriate concerning . . . the ways, manner, methods, and means of hunting or furtaking and the health and safety of persons who hunt or take wildlife . . '' This provision provides the authority for the proposed changes.
3. Regulatory Requirements
The proposed changes require the wearing of daylight fluorescent orange-colored material during the early flintlock muzzleloader antlerless deer season.
4. Persons Affected
Those desiring to hunt during the early flintlock muzzleloader antlerless deer season will be affected by the proposed changes.
5. Cost and Paperwork Requirements
There will be no additional costs or paperwork.
Proposed Amendment to § 143.51
1. Introduction
To more effectively manage the wildlife resources of this Commonwealth, the Commission at its meeting held on January 12, 1999, proposed changing § 143.51 to allow the sale of surplus antlerless deer licenses in five regions of this Commonwealth in addition to counties in the Southwest region. This change was proposed under section 2722(g) of the code (relating to regulations).
2. Purpose and Authority
Sale of surplus antlerless deer licenses during the 1998-99 hunting license year was limited to counties in the Southwest administrative region and it had a significant impact on how close those counties came to antlerless goals. As a result, the Commission has decided to propose the sales in the other five administrative regions of this Commonwealth.
Section 2722(g) of the code directs the Commission to adopt regulations for the administration, control and performance of license issuance. The proposed change is made under that authority.
3. Regulatory Requirements
The proposed change should increase antlerless license sales without imposing additional requirements.
4. Persons Affected
County treasurers and their employes and persons wishing to hunt antlerless deer in this Commonwealth will be affected by the proposed change.
5. Cost and Paperwork Requirements
The change will not result in additional costs or paperwork.
Proposed Amendment to § 143.84
1. Introduction
To more effectively manage the wildlife resources of this Commonwealth, the Commission at its meeting held on January 12, 1999, proposed a change to § 143.84 to dispense with the requirement that purchasers of flintlock muzzleloader licenses surrender their antlerless deer license application at the time they purchase their muzzleloader license. The change is being proposed under the authority contained in section 2722(g) of the code.
2. Purpose and Authority
Some time ago, to limit what seemed to be a skyrocketing population of flintlock muzzleloader hunters, the Commission established a requirement that these hunters choose between an antlerless deer license and a muzzleloader license. Antlerless deer licenses, however, have, in recent years not sold very well, impacting deer population management. To counter this trend, the Commission is proposing to allow muzzleloader hunters to also obtain an antlerless license.
Section 2722(g) of the code directs the Commission to adopt regulations for the administration, control and performance of license issuance. The change is proposed under this authority.
3. Regulatory Requirements
The proposed 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 change.
5. Cost and Paperwork Requirements
The change will not result in additional costs or paperwork.
Effective Date
The proposed amendments will be effective on final publication in the Pennsylvania Bulletin and will remain in effect until changed by the Commission.
Contact Person
For further information on the changes, contact James R. Fagan, Director, Bureau of Law Enforcement, (717) 783-6526, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797.
DONALD C. MADL,
SecretaryFiscal Note: 48-109. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 58. RECREATION
PART III. GAME COMMISSION
CHAPTER 141. HUNTING AND TRAPPING
Subchapter C. BIG GAME § 141.41. General.
It is unlawful to:
(1) Hunt for big game birds or [mammals] animals with arrows other than those tipped with broadheads of a cutting-edge design.
(2) Hunt for or assist to hunt for deer[,] or bear [or turkey] during the regular firearms season without wearing a minimum of 250 square inches of daylight fluorescent orange-colored material. The material shall be worn on the head, chest and back combined so it is visible in a 360° arc. [This paragraph does not apply to a season for using muzzleloading firearms or season for using bows and arrows only.]
§ 141.43. Deer.
* * * * * (d) Prohibitions. It is unlawful to:
* * * * * (5) Hunt for or assist to hunt for deer during any flintlock muzzleloading season that precedes the regular firearms season for deer without wearing a minimum of 250 square inches of daylight fluorescent orange-colored material on the head, chest and back combined so that it is visible in a 360° arc.
* * * * *
CHAPTER 143. HUNTING AND FURTAKER LICENSES
Subchapter C. ANTLERLESS DEER LICENSES § 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)] Except as provided in [subsection (a) and] § 143.52 (relating to procedures for unlimited antlerless licenses), beginning on the fourth Monday in August, residents and nonresidents of this Commonwealth shall be eligible to receive a surplus tag in one of the following counties: Armstrong, Beaver, Cambria, Fayette, Greene, Indiana, Somerset, Washington and Westmoreland or in a county within the Commission's administrative regions of the Northwest, Northcentral, South- central, Northeast or Southeast region.
[(c)] (b) ***
[(d)] (c) ***
[(e)] (d) ***
[(f)] (e) ***
Subchapter E. FLINTLOCK (MUZZLELOADER) DEER LICENSES § 143.84. Application.
(a) Application may be made when purchasing a regular hunting license, or any time thereafter, upon presentation of the regular hunting license [and matching antlerless license application].
(b) [An application for the license may not be submitted or a license issued after July 31, except to replace a license which was lost. The official affidavit for replacement of a lost license shall be filed when applying for a replacement license.
(c) When applying for a flintlock firearm deer season license, the applicant shall surrender the entire current antlerless deer license application.
(d) The issuing agent shall write the word VOID, in ink, boldly across the face of the surrendered antlerless deer license application and attach it to the application for the flintlock license.
(e)] ***
[(f) A resident serving on active duty in the Armed Forces of the United States or in the United States Coast Guard is not bound by this section as it applies to surrendering the antlerless application or deadline for application.]
[Pa.B. Doc. No. 99-408. Filed for public inspection March 12, 1999, 9:00 a.m.]
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