Pennsylvania Bulletin

PA Bulletin, Doc. No. 02-2144

RULES AND REGULATIONS

GAME COMMISSION

[58 PA. CODE CH. 143]

Elk Licenses

[32 Pa.B. 5890]

   To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its October 8, 2002, meeting adopted the following changes:

   Reserve §§ 143.204 and 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.

   The final-form rulemaking was adopted under the authority of 34 Pa.C.S. (relating to the Game and Wildlife Code) (code).

   Notice of proposed rulemaking was published at 32 Pa.B. 3952 (August 10, 2002).

1.  Introduction

   The Commission amended Subchapter K (relating to elk licenses) by reserving §§ 143.204 and 143.205 and adding §§ 143.206 and 143.208.

2.  Purpose and Authority

   There are currently no provisions in Subchapter K describing where elk licenses are valid or whether an elk license is valid for an antlered or antlerless elk.

   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 final-form rulemaking.

3.  Regulatory Requirements

   The final-form rulemaking will establish limited validity of elk licenses and establish procedures relating to elk licenses.

4.  Persons Affected

   Licensed elk hunters will be affected by the final-form rulemaking.

5.  Comment and Response Summary

   There were no official comments received regarding the final-form rulemaking.

6.  Cost and Paperwork Requirements

   The final-form rulemaking should not result in any additional cost or paperwork.

7.  Effective Date

   The final-form rulemaking will be effective on publication in the Pennsylvania Bulletin and will remain in effect until changed by the Commission.

8.  Contact Person

   For further information regarding the final-form rulemaking, 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 Chapter 143, are amended by deleting §§ 143.204 and 143.205 and adding §§ 143.207 and 143.208 to read as set forth at 32 Pa.B. 3952 and by adding § 143.206 to read as set forth in Annex A.

   (b)  The Executive Director of the Commission shall certify this order, 32 Pa.B. 3952 and Annex A and deposit them with the Legislative Reference Bureau as required by law.

   (c)  This order shall become effective upon final-form publication in the Pennsylvania Bulletin.

VERNON R. ROSS,
Executive Director

   Fiscal Note:  Fiscal Note 48-148 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 K.  ELK LICENSES

§ 143.206.  Validity of license.

   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.

[Pa.B. Doc. No. 02-2144. Filed for public inspection November 27, 2002, 9:00 a.m.]

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