PROPOSED RULEMAKING
GAME COMMISSION
[58 PA. CODE CH. 143]
Application Period for Senior Licenses; Validity of License
[30 Pa.B. 2375] To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) at its April 4, 2000, meeting proposed the following amendments:
Add § 143.9 (relating to application period for senior licenses) to further define the qualification for a senior license, and amend § 143.54 (relating to validity of license) to designate when private land tags are valid for use.
These proposed amendments will have no adverse impact on the wildlife resources of this Commonwealth.
The authority for this proposed rulemaking is 34 Pa. C.S. (relating to Game and Wildlife Code) (code).
These proposals were made public at the April 4, 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 June 16, 2000.
Proposed Addition of § 143.9 (relating to application period for senior licenses)
1. Introduction
To clarify eligibility for senior resident lifetime licenses, the Commission at its April 4, 2000, meeting proposed adding § 143.9. Section 2705 of the code (relating to classes of licenses) currently contains several subsections, (3), (6) and (7) which authorize residents ''. . . who have reached or will reach their 65th birthday in the year of application for the license,'' to purchase senior resident licenses. It is unclear as to whether the ''year of application'' is the license year or calendar year. The change, which is proposed under sections 2707 and 2722(g) of the code (relating to license periods; and authorized license-issuing agents), will clarify eligibility.
2. Purpose and Authority
As was outlined in the introduction of this Preamble, the code allows residents who ''. . . will reach their 65th birthday in the year of the application for the license,'' to obtain senior resident licenses. It is unclear, however, whether the ''year of application'' is the license year (July 1 to June 30) or the calendar year (January 1 to December 31). The proposed change establishes the year of application as the July 1 to June 30 year.
Section 2707 of the code, authorizes the Commission to fix license periods by regulation. Section 2722(g) of the code authorizes the Commission to adopt regulations for the administration and control of issuing licenses.
3. Regulatory Requirements
The proposed section will not add any regulatory requirements but merely clarifies existing law.
4. Persons Affected
Residents of this Commonwealth who turn age 65 could be affected by the proposed provision.
Proposed Amendment of § 143.54 (relating to validity of license)
1. Introduction
To more effectively manage the wildlife resources of this Commonwealth, the Commission at its April 4, 2000, meeting proposed to amend § 143.54 to limit the use of private land tag antlerless licenses. Limited access to private land has the effect of allowing excessive deer populations that cause damage to agricultural crops and forest regeneration. By restricting the sale of surplus antlerless licenses to use on private land only, the Commission hopes to increase the harvest of deer on these lands. Also, in an attempt to reduce the deer population on certain public lands under an approved deer management plan, the Commission is proposing to include these lands for use of private land tags. The proposal is being made under section 2102 of the code (relating to regulations).
2. Purpose and Authority
As was pointed out in the Introduction of this Preamble, deer populations in areas can go out of control because of large areas of private lands which can either be closed to hunting or only provide limited access to hunters. To try to deal with this problem, the Commission is proposing to designate antlerless licenses as private land tags which can only be used on private land or public land with an approved deer management plan. It is also hoped that this will spur efforts to get more private land open to hunting.
Section 2102 of the code directs the Commission to promulgate regulations it deems necessary and appropriate concerning game or wildlife and hunting. This section provides authority for the proposed change.
3. Regulatory Requirements
The proposed change would limit the use of designated antlerless licenses to private land and specific public land.
4. Persons Affected
Those wishing to harvest antlerless deer could be affected by the proposed change.
5. Cost and Paperwork Requirements
The proposed change should not result in any additional cost or paperwork.
6. Effective Date
The change 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 William L. Hutson, Director, Bureau of Law Enforcement, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717) 783-6526.
VERNON R. ROSS,
Executive DirectorFiscal Note: 48-121. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 58. RECREATION
PART III. GAME COMMISSION
CHAPTER 143. HUNTING AND FURTAKER LICENSES
Subchapter A. GENERAL § 143.9. Application period for senior licenses.
For the purpose of issuing a senior license, the year of application shall be the period beginning July 1 andending June 30 of the year next following to coincide with the license year.
Subchapter C. ANTLERLESS DEER LICENSES § 143.54. Validity of license.
An antlerless deer license is valid for taking antlerless deer only in the county designated on the antlerless deer license. Private land tags are valid only on private land or on public land with a deer management plan approved by the Commission.
[Pa.B. Doc. No. 00-790. Filed for public inspection May 12, 2000, 9:00 a.m.]
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