RULES AND REGULATIONS
Title 58--RECREATION
GAME COMMISSION
[58 PA. CODE CHS. 135, 141 AND 143]
All-Terrain Vehicles; Elk Hunting; Return Postage Fee
[32 Pa.B. 1305] To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its January 15, 2002, meeting, adopted 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 amendments were adopted under the authority of 34 Pa.C.S. (relating to the Game and Wildlife Code) (code).
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, the act amended 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) to require the display of registration plates on ATVs. To adjust for these changes, the Commission, at its October 2, 2001, meeting proposed, and at its January 15, 2002, meeting adopted, an amendment to § 135.50 to put width and weight limits on ATVs that can be used on State game lands and amended § 135.53 to require the display of a valid registration plate on ATVs used on State game lands. These final-form amendments were made under 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 decided to retain the limitation for ATVs permitted to go on State game lands. Act 68 also changes sections 7711.1 and 7711.2 of the ATV law to require the display of registration plates on ATVs. With this change, 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 final-form amendments.
3. Regulatory Requirements
The final-form 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 final-form amendments.
5. Comment and Response Summary
Two official comments were received with regard to the final-form amendments, opposing the restrictions because they might limit opportunities for the disabled. The Commission believes that the restrictions are necessary to prevent damage and that an adequate number of models meeting the restrictions are available to the disabled.
6. Cost and Paperwork Requirements
The final-form amendments should not result in any additional cost or paperwork.
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, and at its January 15, 2002, meeting adopted, an amendment to § 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 final-form 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 and will most likely adopt regulations for a similar season for 2002. 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 adopted an amendment to § 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 adopted under this authority.
3. Regulatory Requirements
The final-form 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 affected by the final-form amendment.
5. Comment and Response Summary
No official comments were received with regard to the final-form amendment.
6. Cost and Paperwork Requirements
The final-form amendment should not result in any additional cost or paperwork.
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, and at its January 15, 2002, meeting adopted, an amendment to § 143.10 to allow the Executive Director to change the fee based on postage rates. This amendment is adopted 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 adopting an amendment to § 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 final-form amendment.
3. Regulatory Requirements
The final-form amendment will allow changes of fees for postage and packaging for licenses ordered by mail, fax or Internet by order of the Executive Director.
4. Persons Affected
Individuals applying for hunting or furtaking licenses by mail, fax or Internet may be affected by the final-form amendment.
5. Comment and Response Summary
No official comments were received with regard to the final-form amendment.
6. Cost and Paperwork Requirements
The final-form amendment may result in additional cost to license buyers for postage and packaging.
Effective Date
The final-form amendments will be effective on publication in the Pennsylvania Bulletin and will remain in effect until changed by the Commission.
Contact Person
For further information regarding the final-form amendments, contact David E. Overcash, Director, Bureau of Law Enforcement, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717) 783-6526.
Findings
The Commission finds that:
(1) 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 Chapters 135, 141 and 143, are amended by amending §§ 135.50 and 135.53, 141.42 and 143.10, to read as set forth at 31 Pa.B. 6189 (November 10, 2001).
(b) The Executive Director of the Commission shall submit this order and 31 Pa.B. 6189, to the Legislative Reference Bureau as required by law.
(c) This order shall become effective upon final publication in the Pennsylvania Bulletin.
VERNON R. ROSS,
Executive DirectorFiscal Note: Fiscal Note 48-136 remains valid for the final adoption of the subject regulations.
[Pa.B. Doc. No. 02-378. Filed for public inspection March 8, 2002, 9:00 a.m.]
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