PROPOSED RULEMAKING
GAME COMMISSION
[58 PA. CODE CHS. 135, 141 AND 143]
All-Terrain Vehicles; Elk Hunting; Return Postage Fee
[31 Pa.B. 6189] To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) at its October 2, 2001, meeting, proposed the following amendments:
Amend § 135.50 (relating to definitions) to establish weight and width specification for all-terrain vehicles (ATVs) not defined as Class I ATVs under 75 Pa.C.S. Chapter 77 (relating to Snowmobile and All-Terrain Vehicle Law) (ATV law) and § 135.53 (relating to operation of ATVs on designated State game land roads by permitted persons) to accurately reflect and abide by the changes in the ATV law.
Amend § 141.42 (relating to big game animal hunting roster) by adding elk to ensure elk hunters may not cooperate to hunt elk in groups larger than 25 persons.
Amend § 143.10 (relating to fee for return postage) to allow the Director to establish return postage fees commensurate with changing first-class postage rates.
These proposed amendments will have no adverse impact on the wildlife resources of this Commonwealth.
The authority for these proposed amendments is 34 Pa.C.S. (relating to Game and Wildlife Code) (code).
These proposed amendments were made public at the October 2, 2001, meeting of the Commission and comments on these proposed amendments can be sent to the Director of Information and Education, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, until December 28, 2001.
Proposed Amendments to §§ 135.50 and 135.53
1. Introduction
The act of June 25, 2001 (P. L. 701, No. 68) (Act 68) amended the ATV law to change the definitions of Class I and Class II ATVs. Class II ATVs no longer have a maximum width or weight. Section 135.50 incorporates these definitions. In addition, sections 7711.1 and 7711.2 of the ATV law (relating to registration of dealers; and registration of snowmobiles and registration and issuance of certificates of titles for ATV's) were amended to require the display of registration plates on ATVs. To adjust for these changes, the Commission, at its October 2, 2001, meeting, proposed amending § 135.50 to put width and weight limits on ATVs that can be used on State game lands and amending § 135.53 to require the display of a valid registration plate on ATVs used on State game lands.
These proposed amendments were made under the authority contained in section 2901(b) of the code (relating to authority to issue permits).
2. Purpose and Authority
As was indicated in the Introduction, Act 68 changed the definition of Class II ATVs to eliminate width and weight restrictions. Since ATVs of an excessive size can cause damage to State game lands, the Commission has proposed to retain the limitation for ATVs permitted to go on State game lands. Act 68 also changed sections 7711.1 and 7711.2 of the ATV law to require the display of registration plates on ATVs. With these changes, the requirement of displaying a valid decal currently contained in § 135.53 is superseded by the registration plate requirement.
Section 2901(b) of the code provides that the Commission may ''. . . promulgate regulations to control the activities which may be performed under the authority of any permit issued.'' This provision provides the authority for the proposed amendments.
3. Regulatory Requirements
The proposed amendments will retain the size limitations on ATVs that may be used on State game lands that existed prior to the effective date of Act 68 and will require the displaying of a valid registration plate rather than a decal.
4. Persons Affected
Disabled person permit holders desiring to use ATVs on State game lands will be affected by the proposed amendments.
5. Cost and Paperwork Requirements
The proposed amendments should not result in any additional cost or paperwork.
Proposed Amendment to § 141.42
1. Introduction
To more effectively manage the elk population of this Commonwealth and to standardize hunting methods, the Commission, at its October 2, 2001, meeting, proposed amending § 141.42(e) to limit the number of individuals in parties hunting elk to 25 persons. Section 2102 of the code (relating to regulations) directs the Commission to promulgate regulations concerning the ways, manner, methods and means of hunting. This provision provides the authority for the proposed amendment.
2. Purpose and Authority
The act of December 20, 2000 (P. L. 452, No. 111) added section 2705(15) of the code (relating to classes of licenses) which provides for issuance by the Commission of elk hunting licenses. In addition, the Commission has adopted regulations providing for an elk hunting season in this Commonwealth in 2001. The Commission is now in the process of standardizing requirements and limitations for elk hunting with hunting of other big game species. The Commission has therefore proposed amending § 141.42(e) to limit parties hunting elk to 25 persons to promote safety and fair chase.
Section 2102 of the code provides that: ''The commission shall promulgate such regulations as it deems necessary and appropriate concerning . . . the ways, manner, methods, and means of hunting or furtaking . . .'' The amendment is proposed under this authority.
3. Regulatory Requirements
The proposed amendment will limit the number of individuals who can be involved in hunting elk together to 25. This is also currently true of parties hunting deer and bear.
4. Persons Affected
Individuals hunting elk either as license holders or as guides will be effected by the proposed amendment.
5. Cost and Paperwork Requirements
The proposed amendment should not result in any additional cost or paperwork.
Proposed Amendment to § 143.10
1. Introduction
In recent years, the Commission has experienced increasing sales of hunting and furtaking licenses by means of mail, fax and the Internet. In June 2001, the Commission added § 143.10 providing for a $1.50 fee per license order to cover postage and packaging costs. Since that recent change, the actual cost per order has increased to $1.95. To deal with rapidly changing costs, the Commission, at its October 2, 2001, meeting, proposed amending § 143.10 to allow the Executive Director to change the fee based on postage rates. This amendment is proposed on the basis of section 2722(g) of the code (relating to authorized license-issuing agents).
2. Purpose and Authority
As was indicated in the Introduction, although the Commission recently established a fee for postage and packaging of hunting and furtaking licenses ordered by mail, fax or on the Internet, the fee is already too low. To provide maximum flexibility, the Commission is proposing to amend § 143.10 to allow the fee to be set by the Executive Director, based on first class postage rates.
Section 2722(g) of the code directs the Commission to adopt regulations for ''. . . The administration, control, and performance of activities conducted pursuant to the provisions of this chapter.'' This section provides the authority for the proposed amendment.
3. Regulatory Requirements
The proposed amendment will allow increases of fees for postage and packaging for licenses ordered by mail, fax or the Internet by order of the Executive Director.
4. Persons Affected
Individuals applying for hunting or furtaking licenses by mail, fax or the Internet may be affected by the proposed amendment.
5. Cost and Paperwork Requirements
The proposed amendment may result in additional cost to license buyers for postage and packaging.
Effective Date
The proposed amendments will be effective on final-form publication in the Pennsylvania Bulletin and will remain in effect until changed by the Commission.
Contact Person
For further information regarding these proposed amendments, contact David E. Overcash, Director, Bureau of Law Enforcement, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717) 783-6526.
VERNON R. ROSS,
Executive DirectorFiscal Note: 48-136. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 58. RECREATION
PART III. GAME COMMISSION
CHAPTER 135. LANDS AND BUILDINGS
Subchapter C. STATE GAME LANDS § 135.50. Definitions.
The following words and terms, when used in this section and §§ 135.49 and 135.51--135.56, have the following meanings, unless the context clearly indicates otherwise:
ATV--All-terrain vehicle--A [motorized vehicle] Class I ATV as defined in 75 Pa.C.S. § 7702(1)[--] and (3) (relating to definitions), or a motorized off-highway vehicle 58 inches or less in width, having a dry weight of 900 pounds or less traveling on four or more low-pressure tires and having a bench seat, which complies with restrictions in 75 Pa.C.S. § 7702(3).
* * * * * § 135.53. Operation of ATVs on designated State game land roads by permitted persons.
Permitted persons may operate an ATV on designated State game land roads under the following conditions:
* * * * * (3) The ATV is registered with the Department of Conservation and Natural Resources and is displaying the valid [decal] registration plate as required under 75 Pa.C.S. [§ 7712(a) and (b) (relating to registration of snowmobiles and registration and issuance of certificates of title for ATVs)] §§ 7711.1 and 7711.2 (relating to registration of snowmobile or ATV; and limited registration of snowmobile or ATV).
* * * * *
CHAPTER 141. HUNTING AND TRAPPING
Subchapter C. BIG GAME § 141.42. Big game animal hunting roster.
* * * * * (e) Parties hunting deer [and], bear or elk shall be limited to 25 persons.
* * * * *
CHAPTER 143. HUNTING AND FURTAKER LICENSES
Subchapter A. GENERAL § 143.10. Fee for return postage.
An additional fee [of $1.50], based on prevailing first-class postage rates and set through written authorization of the Executive Director, shall be remitted by an applicant who applies for a general hunting or furtaker license by mail order, fax or over the Internet. For this fee, licenses will be returned to applicants by standard first-class mail.
[Pa.B. Doc. No. 01-2015. Filed for public inspection November 9, 2001, 9:00 a.m.]
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