PROPOSED RULEMAKING
[58 PA. CODE CH. 143]
Hunting and Furtaker Licenses
[30 Pa.B. 1267] To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) at its January 11, 2000, meeting, proposed the following:
Amend Chapter 143, Subchapter C (relating to hunting and furtaker licenses), to allow ample time for license processing, issuance and delivery in time for the first day of archery season; by changing the name of surplus tags to unsold tags, and make unsold tags valid only on private land or on public land with a deer management plan approved by the Commission.
These amendments to Chapter 143 will have no adverse impact on the wildlife resources of this Commonwealth.
The authority for the proposal is 34 Pa.C.S. (relating to Game and Wildlife Code) (code).
These proposals were made public at the January 11, 2000, 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 March 24, 2000.
Proposed Amendments to Chapter 143, Subchapter C
1. Introduction
To more effectively manage the wildlife resources of this Commonwealth, the Commission at its meeting held on January 11, 2000, proposed changes to Subchapter C to modify provisions for procedures for issuing antlerless deer licenses. The proposed changes would change the name of surplus licenses to unsold licenses, make those licenses available throughout the State, and make these licenses valid only on private land or on public land with an approved deer management plan.
The proposed changes would also require county treasurers to send out antlerless licenses no later than the third Monday in September rather than the last Wednesday. These changes were proposed under authority contained in section 2722(g) of the code (relating to authorized license-issuing agents).
2. Purpose and Authority
The primary mechanism by which the Commission manages the deer herd in this Commonwealth is by the allocation of antlerless licenses. In recent years, the Commission has had difficulty in selling all allocated antlerless licenses. To deal with this situation, the Commission has proposed to rename surplus antlerless licenses, which were available only in the southwest region, to ''unsold'' and make them available throughout this Commonwealth. Also, part of the perceived problem of deer management in this Commonwealth is that public lands are overhunted while private lands are underhunted. The usage of unsold licenses would therefore be essentially limited to private land. Finally, the current deadline for the mailing by county treasurers of antlerless licenses only allows 2 days for delivery of the license before the start of archery season. Moving the deadline forward in excess of 1 week should allow more time for delivery of those licenses.
Section 2722(g) of the code directs the Commission to adopt regulations for the administration, control and performance of license issuance. The proposed changes would be made under this authority.
3. Regulatory Requirements
The proposed changes will require county treasurers to send out antlerless licenses at least 9 days earlier than in the past. Also, although unsold licenses can be available Statewide, their use will be limited to private land or to public land with a Commission approved deed management plan.
4. Persons Affected
County treasurers and those wishing to harvest at least one antlerless deer could be affected by the proposed changes.
5. Cost and Paperwork Requirements
The proposed changes should not result in any additional cost or paperwork.
6. Effective Date
The changes will be effective on final publication in the Pennsylvania Bulletin and will remain in effect until changed by the Commission.
7. Contact Person
For further information on the proposed changes contact William L. Hutson, Director, Bureau of Law Enforcement, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717) 783-6526.
VERNON R. ROSS,
Executive DirectorFiscal Note: 48-120. 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 § 143.42. Definitions.
The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise:
* * * * * License--The numbered back tag which is issued by the county treasurer authorizing the holder thereof to hunt antlerless deer in a specific county [during the regular firearms antlerless deer season or the archery deer seasons]. Each license has its own antlerless deer ear tag and antlerless deer harvest report card attached to be used only for tagging and reporting an antlerless deer harvested.
* * * * * [Surplus] Unsold tag--An antlerless deer license permitting properly licensed persons to take an antlerless deer during the regular firearms antlerless deer season, archery or flintlock muzzleloader deer seasons in the county of issue.
[Surplus] Unsold tag application--The form contained in the ''Hunting and Trapping Digest'' used in applying for [a surplus] an unsold tag.
§ 143.49. Issuing licenses.
* * * * * (c) Except as otherwise provided in § 143.52 (relating to procedure for unlimited antlerless licenses) and for qualified landowners, licenses issued shall be delivered to successful applicants in the envelope by standard first class mail through and by the United States Postal Service. Licenses shall be placed with the United States Postal Service no later than the [last Wednesday] third Monday in September. If more than one application is mailed to the county treasurer in the same envelope, the licenses shall be mailed to the person whose name appears on the return section of the envelope. The person receiving the additional licenses is responsible for delivering them to the appropriate people.
§ 143.51. Application and issuance of [surplus] unsold 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] an unsold tag [in one of the following counties: Armstrong, Beaver, Cambria, Fayette, Greene, Indiana, Somerset, Washington and Westmoreland]. Unsold tags are valid only on private land or on public land with a deer management plan approved by the Commission.
(b) An applicant for this tag may not use the regular antlerless deer license application. An applicant shall only use the [surplus] unsold application contained in the ''Hunting and Trapping Digest'' or a reasonable facsimile thereof.
* * * * * (e) [Surplus] Unsold 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.
§ 143.55. Unlawful acts.
It is unlawful:
* * * * * (5) Except as specified in §§ 143.52(a) and (b) and 143.53 (relating to procedure for unlimited antlerless licenses; and reapplication), to apply for or receive more than one antlerless license or more than one [surplus] unsold license.
* * * * *
[Pa.B. Doc. No. 00-379. Filed for public inspection March 3, 2000, 9:00 a.m.]
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