RULES AND REGULATIONS
Title 58--RECREATION
GAME COMMISSION
[58 PA. CODE CH. 143]
Hunting and Furtaker Licenses
[30 Pa.B. 2475] To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its April 4, 2000, meeting, adopted the following change:
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 unsold tags to private land tags, and make private land tags valid only on private land or on public land with a deer management plan approved by the Commission.
This amendment is adopted under the authority of 34 Pa.C.S. §§ 101--2965 (relating to Game and Wildlife Code) (code).
1. Introduction
To more effectively manage the wildlife resources of this Commonwealth, the Commission at its meeting held on January 11, 2000, proposed, and at its meeting held on April 4, 2000, finally adopted, changes to Chapter 143, Subchapter C to modify provisions for procedures for issuing antlerless deer licenses. The amendments change the name of surplus licenses to ''private land licenses,'' make those licenses available throughout this Commonwealth and make licenses valid only on private land or on public land with a deer management plan approved under procedures provided for in the amendments.
The changes 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 adopted under authority contained in section 2722(g) of the code (relating to regulations).
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 originally proposed to rename surplus antlerless licenses, which were available only in the Southwest Region, ''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 adopted amendments will limit usage of unsold licenses to private land and public land with a deer management plan approved under procedures provided for in the amendments. In final adoption, the Commission decided that the name ''private land'' more accurately reflects this limitation and adopted that name change instead of ''unsold.''
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 a 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 changes were made under this authority.
3. Regulatory Requirements
The changes will require county treasurers to send out antlerless licenses at least 9 days earlier than in the past. Also, although private land licenses can be available Statewide, their use will be limited to private land or to public land with a Commission approved deer management plan.
4. Persons Affected
County treasurers and those wishing to harvest at least one antlerless deer could be affected by the changes.
5. Comment and Response Summary
A total of 19 comments were received with regard to the proposed changes, 12 favored the proposals and 7 opposed them. The Commission decided to adopt the changes with the modification mentioned under Purpose and Authority.
6. Cost and Paperwork Requirements
The changes should not result in additional cost or paperwork.
7. Effective Date
The changes 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 William L. Hutson, Director, Bureau of Law Enforcement, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717) 783-6526.
Findings
The Commission finds that:
(1) The 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 the amendments of 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 amending § 143.49 to read as set forth at 30 Pa.B. 1267 (March 4, 2000) and by amending §§ 143.42, 143.51 and 143.55 to read as set forth in Annex A.
(b) The Executive Director of the Commission shall submit this order and Annex A, and deposit them with the Legislative Reference Bureau as required by law.
(c) This order amending §§ 143.42, 143.49, 143.51 and 143.55, shall become effective upon final publication in the Pennsylvania Bulletin.
VERNON R. ROSS,
Executive DirectorFiscal Note: Fiscal Note 48-120 remains valid for the final adoption of the subject regulations.
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:
Application--The form issued with a regular hunting license used in applying for an antlerless license.
County allocation--The number of licenses allocated by the Commission to an individual county.
County treasurer--A county treasurer in this Commonwealth or a person carrying out the duties and responsibilities of a county treasurer in counties functioning under a home rule charter.
Date issued--The date placed on the license by a county treasurer indicating when the license was mailed or given to the person named on the license.
Envelope--The official envelope issued with a regular hunting license which shall be used by the applicant to mail completed applications to the county treasurer.
Home address--The location where a person is legally domiciled; a true, fixed and permanent home and principal residence; and the place to which, whenever the applicant is temporarily absent, he intends to return.
License--The numbered back tag which is issued by the county treasurer authorizing the holder thereof to hunt antlerless deer in a specific county. 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.
Private land--Land that is not defined as public land.
Private land 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.
Private land tag application--The form contained in the ''Hunting and Trapping Digest'' used in applying for a private land tag.
Public drawing--An impartial, random drawing, open to public view to select successful applicants for licenses.
Public land--Any land owned or controlled by a Federal or State agency, or municipal political subdivision.
Surplus tag--An antlerless deer license permitting properly licensed persons to take an additional antlerless deer during the regular firearms antlerless deer season, archery or flintlock muzzleloader deer seasons in the county of issue.
Surplus tag application--The form contained in the ''Hunting and Trapping Digest'' used in applying for a surplus tag.
Void--A voided license which remains nonissuable.
§ 143.51. Application and issuance of private land 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 private land tag. Private land 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 private land 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) Private land 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 and stamp the face of the license ''private land only'' with a stamp provided by the Commission.
(f) The procedure for approval of a deer management plan is as follows:
(1) An application for approval of a deer management plan that would allow private land tags to be used on a designated area of public land shall be submitted by an authorized officer or employe of the political subdivision in a form required by the Director.
(2) An application for approval of a deer management plan that will allow the use of private land tags on a designated public land area shall contain the following information:
(i) The name of the political subdivision that is requesting approval of a deer management plan.
(ii) The name and address of the authorized officer or employe of the political subdivision who will be the contact person for the plan.
(iii) A map showing the location and boundaries of the area and the county, township and Commission deer management unit the site is located in.
(iv) A description of the management area delineated on the map in subparagraph (iii) including the size in acres, cover types (forested, nonforested), principal land uses, huntable areas and safety zones, and hunter access points.
(v) A brief description of the area including access points that the person in control of the land wants to have posted on the Commission web site, as well as the name and address of a contact person for more information.
(vi) An explanation of deer management goals and objectives for the area. Goals include deer density, habitat condition, forest regeneration, other wildlife and recreational opportunities.
(vii) An explanation to substantiate why the person in control of the land wants to increase the harvest of antlerless deer by allowing use of private land tags on the area. Area specific information shall be provided that supports the deer management goals and objectives, such as deer density estimates, indices of deer abundance, buck/doe ratios, fawn/doe ratios, deer condition, habitat conditions, plant species abundance or diversity, forest regeneration, and hunter success rates.
(3) Completed applications shall be received at least 2 months before the first day that applications for private land tags can be accepted. The person in control of the land will be notified of approval or disapproval at least 1 month before the first day that applications for private land tags can be accepted.
(4) Upon approval of the deer management plan, the person in control of the land will conspicuously post the site boundary and all public roadways traversing the property with signs provided by the Commission. Posting shall be completed by the opening date of the first fall antlerless deer season.
§ 143.55. Unlawful acts.
It is unlawful:
(1) For a county treasurer to accept an application or to issue a license contrary to the act or this part.
(2) For a person to apply for or to receive a license contrary to the act or this part.
(3) For a person to aid another person in applying for or receiving a license contrary to this subchapter.
(4) For a person to transfer or reissue a license or back tag, or to issue a void.
(5) For a person to apply for or receive more than one antlerless license or more than one private land tag, except as specified in §§ 143.52(a) and (b) and 143.53 (relating to procedure for unlimited antlerless licenses; and reapplication).
(6) For a person to submit a nonnegotiable check or sight draft as payment for a license issued under this chapter.
[Pa.B. Doc. No. 00-839. Filed for public inspection May 19, 2000, 9:00 a.m.]
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