PROPOSED RULEMAKING
GAME COMMISSION
[58 PA. CODE CHS. 141 AND 143]
Hunting hours; conditions for appointment
[29 Pa.B. 6118] To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) at its October 5, 1999, meeting proposed the following amendments:
Amend § 141.4 (relating to hunting hours) by making an editorial change to paragraph (2). The proposed change is required as a result of the deletion of a subparagraph and resulting renumbering of the subsections.
Amend § 143.27 (relating to conditions for appointment) by raising the minimum security required for license issuing agents.
These proposed amendments will have no adverse impact on the wildlife resources of this Commonwealth.
The authority for the proposal of these regulations is 34 Pa.C.S. (relating to Game and Wildlife Code) (code).
These proposals were made public at the October 5, 1999, 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 December 31, 1999.
Proposed Amendment to § 141.4
1. Introduction
To more effectively manage the wildlife resources of this Commonwealth, the Commission at its meeting held on October 5, 1999, proposed an editorial change to § 141.4. The proposed change is required as a result of the deletion of a subparagraph and resulting renumbering of the subsections by a regulation finally adopted at the Commission's June 8, 1999, meeting. This change was proposed under sections 322(c)(1) and 2102(a) of the code (relating to powers and duties of the Commission and regulations).
2. Purpose and Authority
At its June 8, 1999 meeting, the Commission expanded hunting hours for hunting mourning doves by deleting paragraph (1) of § 141.4. In doing so, the Commission failed to change a reference in then paragraph (3) to ''paragraph (2),'' which became paragraph (1). The proposed change will remedy this situation.
Section 322(c)(1) of the code empowers the Commission to fix daily shooting or taking hours. Section 2102(a) of the code authorizes the Commission to promulgate regulations relating to the hunting of game or wildlife in this Commonwealth. The change was proposed under this authority.
3. Regulatory Requirements
The proposed change would not result in any additional regulatory requirements but rather would only clarify the existing regulation.
4. Persons Affected
The proposed change is editorial in nature and would not impact anyone.
5. Cost and Paperwork Requirements
The proposed change should not result in any additional cost or paperwork.
Proposed Amendment to § 143.27
1. Introduction
To more effectively manage the wildlife resources of this Commonwealth and administer its license issuing system, the Commission at its meeting held on October 5, 1999, proposed changing § 143.27 to raise the minimum security required for license issuing agents from $10,000 to $18,000. This change was proposed under section 2722(g) of the code (relating to regulations).
2. Purpose and Authority
With the July 1, 1999, effective date of amendments to the code providing for license fee increases, many hunting license issuing agents discovered that they did not have sufficient security to allow them to obtain adequate supplies of licenses for issuance. In addition to reducing the availability of licenses, this resulted in greater workload for the agents and the Commission by reason of the need to order licenses more frequently. As a result, the Commission has decided to propose amending § 143.27 to raise the minimum security to be posted by agents from $10,000 to $18,000.
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 would increase the amount of security which must be posted by most hunting license issuing agents but should reduce the amount of time and effort required to order licenses.
4. Persons Affected
Hunting license issuing agents who post bonds would be affected by the proposed change.
5. Cost and Paperwork Requirements
The proposed change will result in additional cost to agents for security. At the same time, it should decrease the amount of paperwork and ordering costs. Also, agents did receive a fee increase when the license fees were increased.
Effective Date
The proposed changes 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 proposed changes, contact Thomas R. Littwin, Director, Bureau of Law Enforcement, (717) 783-6526, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797.
VERNON R. ROSS,
Executive DirectorFiscal Note: 48-114. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 58. RECREATION
PART III. GAME COMMISSION
CHAPTER 141. HUNTING AND TRAPPING
Subchapter A. GENERAL § 141.4. Hunting hours.
During open hunting seasons, wild birds and animals may be taken 1/2 hour before sunrise to sunset unless further restricted.
* * * * * (2) Raccoon, fox, skunk, opossum, coyote and weasel may be taken any hour, day or night, except during restricted periods in paragraph [(2)] (1), and woodchuck, coyote, opossum, skunk and weasel may not be hunted prior to 12 noon during the spring gobbler season.
* * * * *
CHAPTER 143. HUNTING AND FURTAKER LICENSES
Subchapter B. APPOINTMENT OF AGENTS § 143.27. Conditions for appointment.
A person desiring consideration for appointment as an agent shall meet the following conditions:
* * * * * (6) Provide security to the Commission in an amount [not less than $10,000] at least $18,000.
[Pa.B. Doc. No. 99-2043. Filed for public inspection December 3, 1999, 9:00 a.m.]
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