RULES AND REGULATIONS
GAME COMMISSION
[58 PA. CODE CH. 143]
Sale of Surplus Antlerless Deer Licenses
[29 Pa.B. 4562] To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) at its June 8, 1999, meeting, adopted the following changes:
Amend § 143.51 (relating to application and issuance of surplus tags) to allow for the sale of surplus antlerless deer licenses within the Southwest region.
This amendment is adopted under the authority of 34 Pa.C.S. (relating to Game and Wildlife Code) (code).
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 and to eliminate early issuance of these surplus licenses to muzzleloader hunters. At its April 9, 1999, meeting, the Commission failed to finally adopt the proposal to expand the sale of surplus antlerless deer licenses. At its June 8, 1999, meeting, the Commission adopted that part of its original proposal relating to eliminating language providing for the issuance of the surplus licenses to hunters with muzzleloader stamps prior to the issuance of the licenses to other hunters in counties in the Southwest region. This change was adopted 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. Efforts to expand the issuance of surplus antlerless deer licenses to the rest of this Commonwealth failed, however. Since the Commission has eliminated the requirement that muzzleloader hunters surrender their regular antlerless license application, there is no need to give hunters a 1 week advantage in obtaining surplus licenses. The adopted change will eliminate this advantage.
Section 2722(g) of the code directs the Commission to adopt regulations for the administration, control and performance of license issuance. The adopted change is made under that authority.
3. Regulatory Requirements
The adopted change merely puts muzzleloader hunters on a par with other hunters in obtaining surplus antlerless deer licenses.
4. Persons Affected
Muzzleloader hunters will not have an advantage in obtaining surplus antlerless deer licenses.
5. Comment and Response Summary
No written comments were received with regard to the adopted change.
6. Cost and Paperwork Requirements
The change will not result in any additional cost or paperwork.
7. Effective Date
The change will be effective on final publication in the Pennsylvania Bulletin and will remain in effect until changed by the Commission.
8. Contact Person
For further information on the changes, contact Thomas R. Littwin, Acting 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 this amendment by 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 Chapter 143, are amended by the amending of § 143.51 to read as set forth in Annex A.
(b) The Executive Director of the Game Commission shall submit this order and Annex A, and deposit them with the Legislative Reference Bureau as required by law.
(c) This order amending § 143.51 shall become effective upon final publication in the Pennsylvania Bulletin.
VERNON R. ROSS,
Executive Director(Editor's Note: Amendments to §§ 141.41, 141.43 and 143.84, included in the proposal at 29 Pa.B. 1398, were adopted at 29 Pa.B. 2458 (May 8, 1999).)
Fiscal Note: 48-109. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 58. RECREATION
PART III. GAME COMMISSION
CHAPTER 143. HUNTING AND FURTAKER LICENSES
Subchapter C. ANTLERLESS DEER LICENSES § 143.51. Application and issuance of surplus tags.
(a) Except as provided in § 143.52 (relating to procedures for unlimited antlerless licenses), beginning on the fourth Monday in August, residents and nonresidents of this Commonwealth are eligible to receive a surplus tag in one of the following counties: Armstrong, Beaver, Cambria, Fayette, Greene, Indiana, Somerset, Washington and Westmoreland.
(b) 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) The applicant shall use the official antlerless deer license application envelope.
(d) Remittance in the form of a negotiable check or money order for the total amount due as specified in the act, payable to ''County Treasurer,'' shall accompany the application.
(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.
[Pa.B. Doc. No. 99-1437. Filed for public inspection August 27, 1999, 9:00 a.m.]
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