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PA Bulletin, Doc. No. 03-1115

RULES AND REGULATIONS

[58 PA. CODE CHS. 141 AND 143]

Hunting and Trapping; Hunting and Furtaker Licenses

[33 Pa.B. 2753]

   To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its April 8, 2003, meeting, adopted 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 delete subsection (d)(5) to remove any inconsistency in the regulations; and § 143.84 (relating to application) by extending the date to apply for a flintlock muzzleloader license.

   The final-form rulemaking will have no adverse impact on the wildlife resources of this Commonwealth.

   The authority for the final-form rulemaking is 34 Pa.C.S. (relating to Game and Wildlife Code) (code).

   Notice of proposed rulemaking was published at 33 Pa.B. 1357 (March 15, 2003).

1.  Introduction

   The Commission amended § 141.43(a)(3) and (4) and deleted subsection (d)(5) to remove any inconsistency in the regulations and amended § 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) needed to be amended to replace any 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) needed to be completely removed. Additionally, the Commission extended the purchase deadline for muzzleloader licenses from the current date of August 31 to no later than the second Saturday in November 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) were made under this authority. Section 2722(g) of the code (relating to authorized license-issuing agents) directs the Commission to adopt regulations for the administration, control and performance of license issuing activities. The amendments to § 143.84 were made under this authority.

3.  Regulatory Requirements

   The final-form rulemaking removes language regarding flintlock muzzleloader seasons that is inconsistent with recent amendments to the regulations and extends the date to apply for a muzzleloader license.

4.  Persons Affected

   Persons wishing to hunt during the muzzleloader seasons will be affected by the final-form rulemaking.

5.  Comment and Response Summary

   There were two official comments received in support of the muzzleloader license purchase date extension.

6.  Cost and Paperwork Requirements

   The final-form rulemaking should not result in 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 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 Chapters 141 and 143, are amended by amending § 141.43 to read as set forth at 33 Pa.B. 1357 and by amending § 143.84 to read as set forth in Annex A.

   (b)  The Executive Director of the Commission shall certify this order, 33 Pa.B. 1357 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 48-157 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 E.  FLINTLOCK (MUZZLELOADER) DEER LICENSES

§ 143.84.  Application.

   (a)  Application shall be made no later than the second Saturday in November.

   (b)  A collector may, upon completing an application, purchase a muzzleloading firearm deer season license only after the close of the special flintlock season and is not bound by the procedures in this section.

[Pa.B. Doc. No. 03-1115. Filed for public inspection June 13, 2003, 9:00 a.m.]


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