RULES AND REGULATIONS
GAME COMMISSION
[58 PA. CODE CH. 143]
Antlerless Deer Licenses
[33 Pa.B. 1475] To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its January 7, 2003, meeting, adopted the following changes:
Amend Chapter 143, Subchapter C (relating to antlerless deer licenses) to provide for the processing and issuance of antlerless deer licenses in new, noncounty based wildlife management units.
The final-form rulemaking will have no adverse impact on the wildlife resources of this Commonwealth.
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. 6370 (December 28, 2002).
1. Introduction
The Commission amended Chapter 143, Subchapter C to provide for issuance of antlerless deer licenses on the basis of new wildlife management units.
2. Purpose and Authority
Antlerless deer licenses are currently issued on a county basis. This system does not take into account variations in topography, habitat and other factors affecting deer. To improve deer management, the Commission is proposing to issue antlerless deer licenses on the basis of improved management units.
Section 2722(g) of the code (relating to authorized license-issuing agents) provides that: ''The Commission shall adopt regulations for: . . . (2) The administration, control and performance of activities conducted pursuant to the provisions of this chapter.'' The amendments were proposed under this authority.
3. Regulatory Requirements
The final-form rulemaking will provide for the processing and issuance of antlerless deer licenses on a new, noncounty based wildlife management unit basis.
4. Persons Affected
Persons applying for antlerless deer licenses 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 will result in some additional cost to the Commission in the form of expenses to sort and forward antlerless deer license applications to county treasurers.
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 Michael A. Dubaich, 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 amending §§ 143.41--143.43, 143.45, 143.48--143.54; and by deleting §§ 143.46 and 143.47 to read as set forth in Annex A
(b) The Executive Director of the Commission shall certify this order 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 DirectorFiscal Note: Fiscal Note 48-150 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 C. ANTLERLESS DEER LICENSES § 143.41. Purpose and scope.
(a) The intent of this section is to ensure a fair and equitable distribution of licenses.
(b) The Commission, after reviewing reproductive data, will establish the number of antlerless deer licenses allocated to each wildlife management unit. Licenses will be distributed among county treasurers for issuance on the basis of percentage of land each county represents in the unit.
(c) An application shall be accepted without restriction or regard to the applicant's county of residence. The following procedure shall be adhered to when determining successful applicants for licenses:
(1) Accept applications on a first-come-first-served basis.
(2) The Commission in Harrisburg will serve as the central receiver for all mail-in applications in all wildlife management units.
(3) Envelopes received by first class mail delivered through and by the United States Postal Service will be examined as soon as practicable, unopened, to determine the number of applications received as well as to verify delivery to the intended wildlife management unit.
(4) This process of application distribution will continue until the available supply of licenses for that wildlife management unit is exhausted.
(d) The Commission may act in the capacity of a county treasurer for issuing antlerless licenses in a wildlife management unit if authority to issue licenses has been removed from any or all county treasurers in the wildlife management unit.
(e) Notwithstanding the provisions of this chapter limiting the number of licenses available, the Commission will authorize antlerless deer licenses to be issued regardless of an established quota to:
(1) A resident of this Commonwealth within 60 days of discharge from active duty under honorable conditions from the United States Armed Forces or United States Coast Guard. The issuing county treasurer will designate the license for a specific wildlife management unit by writing the unit's alphanumeric designation on the face of the license.
(2) A disabled veteran as defined in 34 Pa.C.S. § 2706 (b)(1) (relating to resident license and fee exemptions). The issuing county treasurer will designate the license for a specific wildlife management unit by writing the unit's alphanumeric designation on the face of the license.
(3) An applicant whom the Executive Director has determined to have been erroneously denied a license.
§ 143.42. Definitions.
The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise:
Application--The form issued with a regular hunting license used in applying for an antlerless license.
County allocation--The number of licenses allocated by the Commission to an individual county.
County treasurer--A county treasurer in this Commonwealth or a person carrying out the duties and responsibilities of a county treasurer in counties functioning under a home rule charter.
Date issued--The date placed on the license by a county treasurer or the Commission indicating when the license was mailed or given to the person named on the license.
Envelope--The official envelope issued with a regular hunting license which shall be used by the applicant to mail completed applications to the Commission.
Home address--The location where a person is legally domiciled; a true, fixed and permanent home and principal residence; and the place to which, whenever the applicant is temporarily absent, he intends to return.
License--The numbered back tag which is issued by the county treasurer or the Commission authorizing the holder thereof to hunt antlerless deer in a specific wildlife management unit.
Management unit allocation--The number of licenses allocated by the Commission to an individual wildlife management unit.
Unsold 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 wildlife management unit of issue.
Unsold tag application--The form contained in the ''Hunting and Trapping Digest'' used in applying for an unsold tag.
Void--A voided license which remains nonissuable.
§ 143.43. Preamble.
(a) An application shall be submitted to the Commission wildlife management unit address in Harrisburg and a license shall be issued only in accordance with the act and this subchapter.
(b) A nonresident of this Commonwealth may only apply under § 143.50 (relating to procedure for nonresidents of this Commonwealth).
§ 143.45. Completing and submitting applications.
(a) Except as otherwise provided in § 143.52 (relating to procedure for unlimited antlerless licenses) and for those applications submitted by qualified landowners, it is unlawful for a county treasurer to accept an application other than from the Commission. County treasurers with unsold antlerless deer licenses shall accept applications over the counter and may immediately issue licenses beginning on the first Monday in November.
(b) The Commission will not accept antlerless deer license applications other than by first class mail delivered through and by the United States Postal Service.
(c) Applications will not be accepted by the Commission prior to the start of the normal business day on the first Monday in August.
(d) The application shall be legibly completed, in its entirety, in accordance with instructions on the application.
(e) The application shall be mailed only in the envelope provided.
(f) Applications are limited to not more than three per envelope.
(g) The appropriate preprinted number on the outside of the envelope shall be circled indicating the number of applications enclosed.
(h) The envelope shall contain return first class postage and be self-addressed. If requirements of this subsection are not met, applications shall be placed in a dead letter file and may be reclaimed by the applicant upon contacting the Commission's Hunting License Division in Harrisburg. Postage, both forward and return, is the responsibility of the applicant.
(i) Unless otherwise ordered by the Director, remittance shall be in the form of a negotiable check or money order payable to ''County Treasurer'' for applications enclosed, and in the total amount specified in the act for each license. Cash may be accepted by county treasurers for over the counter sales.
§ 143.46. (Reserved).
§ 143.47. (Reserved).
§ 143.48. First-come-first-served license issuance.
(a) Envelopes containing applications will be accepted on a first-come-first-served basis. Envelopes will be inspected by the Commission in Harrisburg, unopened, to determine if they comply with § 143.45(b), (c), (e) and (g) (relating to completing and submitting applications).
(b) If the conditions in § 143.45(b), (c), (e) and (g) are met, it constitutes initial acceptance, and the applications will be forwarded to a county treasurer within the wildlife management unit for issuance of the appropriate number of licenses. If the conditions are not met, the enclosed applications will be rejected and returned to the sender as soon as possible.
(c) The first-come-first-served procedure will continue until the management unit's allocation is exhausted.
(d) Applications received over the management unit's allocation will be returned to the applicants as soon as practicable.
(e) Envelopes containing applications initially accepted for the issuance of a license shall be opened and inspected by the county treasurer at his earliest convenience. If an application in an accepted envelope fails to comply with § 143.45 (relating to completing and submitting applications), applications enclosed in the accepted envelope shall be rejected and returned by the county treasurer to the sender as soon as practicable. The back tags initially assigned to the envelope shall be marked VOID across the face in ink.
§ 143.49. Issuing licenses.
(a) Licenses may be issued by county treasurers immediately following receipt of applications from the Commission.
(b) Licenses shall be validated by the addition of the county treasurer's or the Director'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. The county treasurer shall write in ink the assigned antlerless license number on the face of the check or money order.
(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 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 tags) which shall be placed with the United States Postal Service no later than October 1. 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.
§ 143.50. Procedure for nonresidents of this Commonwealth.
The Commission having unsold licenses on the third Monday in August and thereafter will accept applications for those units in compliance with § 143.45 (relating to completing and submitting applications) from nonresidents of this Commonwealth.
§ 143.51. Application and issuance of unsold 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 tag.
(b) An applicant for this tag may not use the regular antlerless deer license application. An applicant shall only use the unsold application contained in the ''Hunting and Trapping Digest'' or a reasonable facsimile thereof.
(c) The applicant shall use the official antlerless deer license application envelope.
(d) Unless otherwise ordered by the Director, remittance in the form of a negotiable check or money order for the total amount due as specified in the act, payable to ''County Treasurer,'' shall accompany the application.
(e) Unsold tags shall be validated by the addition of the county treasurer's or Director'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.
(f) Beginning on the second Monday in September, residents and nonresidents of this Commonwealth are eligible to apply for one additional unsold tag by mailing to the appropriate Commission wildlife management unit address in Harrisburg.
§ 143.52. Procedure for unlimited antlerless licenses.
(a) The Executive Director will designate by April 30 of each year those wildlife management units where hunters will be allowed to apply for an unlimited number of antlerless deer licenses.
(b) Beginning on the fourth Monday in August, residents and nonresidents of this Commonwealth shall be eligible to apply to designated wildlife management units for an unlimited number of antlerless deer licenses by mailing the application to the appropriate Commission wildlife management unit address in Harrisburg.
(c) Beginning on the date specified in subsection (b), county treasurers within the designated wildlife management units shall accept antlerless applications over the counter from residents and nonresidents of this Commonwealth and may immediately issue licenses to applicants.
§ 143.53. Reapplication.
(a) A person whose application has been rejected and returned may secure a new official envelope from a hunting license issuing agent and reapply for a license by:
(1) If applicable, correcting the errors which caused the original application to be rejected and returning it to the Commission wildlife management unit address in Harrisburg.
(2) Changing on the application the designated wildlife management unit in which the applicant desires to hunt and forwarding it to another Commission wildlife management unit address in Harrisburg.
(b) A person who was issued a license that was subsequently lost in the United States mail and never received by the licensee may, upon submitting an affidavit stating this fact, receive a replacement license from a county treasurer within the wildlife management unit for which the license was intended. There will be no additional cost for this license. Prior to issuing a replacement license, county treasurers shall first verify through their records or through communication with another county treasurer that the applicant was issued the original license.
§ 143.54. Validity of license.
An antlerless deer license is valid for taking antlerless deer only in the wildlife management unit designated on the antlerless deer license.
[Pa.B. Doc. No. 03-510. Filed for public inspection March 21, 2003, 9:00 a.m.]
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