PROPOSED RULEMAKING
GAME COMMISSION
[58 PA. CODE CH. 143]
Elk Licenses
[32 Pa.B. 3952] To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its June 11, 2002, meeting, proposed the following amendments:
Delete §§ 143.204 and 143.205 (relating to unlawful acts; and penalties) and add §§ 143.206--143.208 (relating to validity of license; unlawful acts; and penalties) to establish where elk licenses are valid and whether an elk license is valid for an antlered or antlerless elk. Also, to provide for allowing elk hunters to be moved from assigned area.
The proposed amendments will have no adverse impact on the wildlife resources of this Commonwealth.
The authority for the proposed amendments is 34 Pa.C.S. (relating to Game and Wildlife Code) (code).
The proposed amendments were made public at the June 11, 2002, meeting of the Commission. Comments can be sent to the Director, Information and Education, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, until September 27, 2002.
1. Introduction
The Commission is proposing to delete §§ 143.204 and 143.205 and add §§ 143.206--143.208.
2. Purpose and Authority
There are currently no provisions in Subchapter K (relating to elk licenses) describing where elk licenses are valid or whether an elk license is valid for an antlered or antlerless elk. Additionally, to improve hunter success and obtain maximum utilization of limited elk licenses, the Bureau of Wildlife Management may need to move hunters from their originally designated elk management unit to another management unit. The proposed amendments will establish those options and establish a preference to licensed hunters within an elk management area in the order their applications were drawn.
Section 2102(a) of the code (relating to regulations) directs the Commission to promulgate regulations, as it deems necessary and appropriate, concerning game or wildlife and hunting or furtaking in this Commonwealth. In addition, section 2722(g)(2) of the code (relating to authorized license-issuing agents) directs the Commission to adopt regulations for the administration, control and performance of activities relating to hunting licenses. These sections provide the regulatory authority for the proposed amendments.
3. Regulatory Requirements
The proposed amendments will establish limited validity of elk licenses, establish procedures relating to elk licenses and expand hunting opportunities within elk management areas.
4. Persons Affected
Licensed elk hunters will be affected by the proposed amendments.
5. Cost and Paperwork Requirements
The proposed amendments should not result in additional cost or paperwork.
6. 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.
7. Contact Person
For further information regarding the proposed amendments, contact David E. Overcash, Director, Bureau of Law Enforcement, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717) 783-6526.
VERNON R. ROSS,
Executive DirectorFiscal Note: 48-148. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 58. RECREATION
PART III. GAME COMMISSION
CHAPTER 143. HUNTING AND FURTAKER LICENSES
Subchapter K. ELK LICENSES § 143.204. [Unlawful acts] (Reserved).
[It is unlawful for a person to:
(1) Submit more than one application for an elk license during any hunting license year.
(2) Apply for or to receive a license contrary to the act or this part.]
§ 143.205. [Penalties] (Reserved).
[A person violating this subchapter shall, upon conviction, be sentenced to pay the fine prescribed in the act.]
§ 143.206. Validity of license.
(a) An elk license is valid for taking elk only in the elk management area designated on the elk license and is valid for an antlerless or antlered elk as designated on the elk license.
(b) The Commission may change the elk management area designated on an elk license. If the Commission changes the designated elk management area and there is more than one hunter with a valid elk license in the elk management area the Commission is moving hunters from, preference will be given to the licensed hunters in the order their applications were drawn.
§ 143.207. Unlawful acts.
It is unlawful for a person to:
(1) Submit more than one application for an elk license during any hunting license year.
(2) Apply for or to receive a license contrary to the act or this part.
(3) Hunt for elk in an elk management area other than the elk management area designated on the elk license.
(4) Hunt or take an elk other than the antlered or antlerless elk designated on the elk license.
§ 143.208. Penalties.
A person violating this subchapter shall, upon conviction, be sentenced to pay the fine prescribed in the act.
[Pa.B. Doc. No. 02-1376. Filed for public inspection August 9, 2002, 9:00 a.m.]
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