PROPOSED RULEMAKING
GAME COMMISSION
[58 PA. CODE CH. 143]
Antlerless Deer Licenses
[32 Pa.B. 2888] To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its April 9, 2002, meeting, proposed the following amendments:
Amend Subchapter C (relating to antlerless deer licenses) by changing the name of unsold tags to private land tags, defining public land and making the private land tags valid only on private land or on public land with a deer management plan approved by the Commission.
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 proposals were made public at the April 9, 2002, meeting of the Commission and comments on these proposals can be sent to the Director of Information and Education, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, until July 1, 2002.
1. Introduction
The Commission is proposing to amend §§ 143.42, 143.49, 143.51, 143.54 and 143.55 to modify provisions for procedures for issuing antlerless deer licenses. The proposed amendments would change the name of unsold tag to private land tag, and make the private land tag valid only on private land or on public land with an approved deer management plan. These amendments are proposed under the authority contained in sections 2101 and 2722(g) of the code (relating to regulations; and authorized license-issuing agents).
2. Purpose and Authority
One of the primary tools that the Commission has available to manage the deer herd of this Commonwealth is the allocation of antlerless deer licenses. Unfortunately, this tool can lose a great deal of its effectiveness where large areas of private land are posted against hunting or simply not hunted. The proposed amendments will provide an incentive to hunters to seek access to private land to harvest more antlerless deer.
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.'' In addition, the Commission is restricting the use of private land tags under the authority contained in section 2101 of the code.
3. Regulatory Requirements
The proposed amendments will limit the unsold licenses 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 amendments.
5. Cost and Paperwork Requirements
The proposed amendments should not result in any additional cost or paperwork.
6. Effective Date
The amendments will be effective on final-form publication in the Pennsylvania Bulletin and will remain in effect until changed by the Commission.
7. Contact Person
For further information regarding these changes, 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: 48-141. 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:
* * * * * Private land--Land that is not defined as public land.
* * * * * [Unsold] Private land tag--An antlerless deer license permitting properly licensed persons to take an antlerless deer during any firearms antlerless deer season, archery or flintlock muzzleloader and muzzleloader deer seasons in the county of issue.
[Unsold] Private land tag application--The form contained in the ''Hunting and Trapping Digest'' used in applying for [an unsold] a private land tag.
Public land--Any land owned or controlled by a Federal or State agency, or municipal political subdivision.
* * * * * § 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 third Monday in September, except for licenses issued under § 143.51(f) (relating to application and issuance of [unsold] private land tags) which shall be placed with the United States Postal Service no later than the fourth 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 [unsold] 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 [an unsold] 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 [unsold] private land application contained in the ''Hunting and Trapping Digest'' or a reasonable facsimile thereof.
* * * * * (e) [Unsold] 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) Beginning on the second Monday in September, residents and nonresidents of this Commonwealth are eligible to apply for one additional [unsold] private land tag by mail.
(g) 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 employee of the political subdivision in the 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 employee 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.
§ 143.54. 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.
§ 143.55. Unlawful acts.
It is unlawful:
* * * * * (5) For a person to apply for or receive more than one antlerless license or more than one [unsold] private land tag, except as specified in §§ 143.51(f), 143.52 and 143.53 (relating to application and issuance of [unsold] private land tags; procedure for unlimited antlerless licenses; and reapplication).
* * * * *
[Pa.B. Doc. No. 02-1050. Filed for public inspection June 14, 2002, 9:00 a.m.]
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