PROPOSED RULEMAKING
[58 PA. CODE CHS. 141 AND 143]
Hunting and Trapping; Hunting and Furtaker Licenses
[33 Pa.B. 1356] To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its January 7, 2003, meeting, proposed the following amendments:
Amend § 141.43(a)(3) and (4) (relating to deer) to remove the reference to flintlock muzzleloading season and replace it with firearms deer season and to delete subsection (d)(5) to remove inconsistency in the regulations. Amend § 143.84 (relating to application) by extending the date to apply for a flintlock muzzleloader license.
The proposed rulemaking 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 rulemaking was made public at the January 7, 2003, meeting of the Commission. Comments can be sent until April 4, 2003, to the Director, Information and Education, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797.
1. Introduction
The Commission is proposing to amend § 141.43(a)(3) and (4) and delete subsection (d)(5) to remove inconsistency in the regulations and amend § 143.84 to extend the application date for a flintlock muzzleloader license.
2. Purpose and Authority
After implementing an early rifle season for qualified hunters and an early muzzleloader season that is no longer restricted to flintlock muzzleloaders, § 141.43(a)(3) and (4) must be amended to replace references to ''flintlock muzzleloader season'' with ''firearms season.'' These changes should remove any inconsistency in the regulations. For these same reasons, § 141.43(d)(5) must be deleted. Additionally, the Commission proposes to extend the purchase deadline for muzzleloader licenses from the current date of August 31 to November 15 to allow muzzleloader hunters more time to purchase a muzzleloader license.
Section 2102(a) of the code (relating to regulations) authorizes the Commission to ''promulgate such regulations as it deems necessary and appropriate concerning . . . the health and safety of persons who hunt or take wildlife or may be in the vicinity of persons who hunt or take game or wildlife in this Commonwealth.'' The amendments to § 141.43(a)(3) and (4) and (d)(5) are proposed under this authority. Section 2722(g) of the code (relating to regulations) directs the Commission to adopt regulations for the administration, control and performance of license issuing activities. The amendment to § 143.84 is proposed under this authority.
3. Regulatory Requirements
The proposed rulemaking will remove language regarding flintlock muzzleloader seasons that is inconsistent with recent amendments to the regulations and extend the date to apply for a muzzleloader license.
4. Persons Affected
Persons wishing to hunt during the muzzleloader seasons will be affected.
5. Cost and Paperwork Requirements
The proposed rulemaking should not result in additional cost or paperwork.
6. Effective Date
The proposed rulemaking 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 rulemaking, contact Michael A. Dubaich, Acting Director, Bureau of Law Enforcement, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717) 783-6526.
VERNON R. ROSS,
Executive DirectorFiscal Note: 48-157. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 58. RECREATION
PART III. GAME COMMISSION
CHAPTER 141. HUNTING AND TRAPPING
Subchapter C. BIG GAME § 141.43. Deer.
(a) Archery season. It is unlawful while hunting deer with a bow and arrow or crossbow during the archery season to:
* * * * * (3) Move about or relocate during that portion of the archery deer season that is concurrent with any [flintlock muzzleloading] firearms deer season (antlerless only) that precedes the regular firearms season for deer or is concurrent with the fall turkey season without wearing a minimum of 250 square inches of daylight fluorescent orange-colored material. The material shall be worn on the head, chest and back combined so it is visible in a 360° arc.
(4) Be on stand and stationary during that portion of the archery deer season that is concurrent with any [flintlock muzzleloading] firearms deer season (antlerless only) that precedes the regular firearms season for deer or is concurrent with the fall turkey season without placing a band containing a minimum of 100 square inches of daylight fluorescent orange-colored material, in lieu of the required 250 square inches, within 15 feet of their location so it is visible in a 360° arc.
* * * * * (d) Prohibitions. While hunting deer during the flintlock muzzleloading season it is unlawful to:
* * * * * [(5) Hunt for or assist to hunt for deer during any flintlock muzzleloading season that precedes the regular firearms season for deer without wearing a minimum of 250 square inches of daylight fluorescent orange-colored material on the head, chest and back combined so that it is visible in a 360° arc.]
* * * * *
CHAPTER 143. HUNTING AND FURTAKER LICENSES
Subchapter E. FLINTLOCK (MUZZLELOADER) DEER LICENSES § 143.84. Application.
(a) Application may be made when purchasing a regular hunting license, or any time prior to [August 31] November 15, upon presentation of the regular hunting license.
* * * * *
[Pa.B. Doc. No. 03-448. Filed for public inspection March 14, 2003, 9:00 a.m.]
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