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PA Bulletin, Doc. No. 03-1181

PROPOSED RULEMAKING

[58 PA. CODE CH. 143]

Hunting and Furtaker Licenses; Elk Licenses

[33 Pa.B. 2883]

   To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its April 8, 2003, meeting, proposed the following amendment:

   Amend § 143.203 (relating to drawing) to eliminate the cap on the number of nonresident elk licenses and establish a preference system for people who have applied for elk licenses in previous years.

   The proposed rulemaking will have no adverse impact on the wildlife resources of this Commonwealth.

   The authority for the proposed amendment is 34 Pa.C.S. (relating to Game and Wildlife Code) (code).

   The proposed rulemaking was made public at the April 8, 2003, meeting of the Commission, and comments can be sent until June 23, 2003, to the Director, Information and Education, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797.

1.  Introduction

   The Commission is proposing to amend § 143.203 to eliminate the cap on the number of nonresident elk licenses and establish a preference system for people who have applied for elk licenses in previous years.

2.  Purpose and Authority

   Currently, the regulations require a 10% yearly cap on the number of nonresident elk licenses that are issued in a given year. This cap is determined by the percentage of nonresident general licenses that have been sold in the current year. The Commission is proposing to eliminate the cap on the number of nonresident elk licenses that may be issued and establish a preference system for all persons who have applied for elk licenses in previous years.

   More specifically, the proposed rulemaking to § 143.203 will provide for a preference for applicants who have applied annually for an elk license but have been unsuccessful in having their application drawn. Under this preference, applicants who have applied in the previous year or years will have their prior years' applications remain in the pool of applications from which successful applicants are drawn, thus accruing preference and increasing their chances of being drawn for a license. For example, if a person has applied for the 5th year, but has not been successfully drawn during the previous 4 years, that person will have five chances to be drawn in that 5th year's drawing.

   Section 2705(15) of the code (relating to classes of licenses) provides that ''To ensure sound management of Pennsylvania's wild elk population, the commission may promulgate regulations to establish a limited number of licenses.'' 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 license issuing activities. Section 2102(a) of the code (relating to regulations) authorizes the Commission to ''promulgate such regulations as it deems necessary and appropriate concerning game or wildlife and hunting . . . . '' These provisions provide the statutory basis for the proposed rulemaking.

3.  Regulatory Requirements

   The proposed rulemaking will eliminate the 10% cap on nonresident elk licenses and implement a system that will allow elk license applicants to accrue preference and increase their chances of being drawn by applying annually.

4.  Persons Affected

   Persons who wish to apply for an elk license will be affected by the proposed rulemaking.

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, Director, Bureau of Law Enforcement, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717) 783-6526.

VERNON R. ROSS,   
Executive Director

   Fiscal Note:  48-165. 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

§ 143.203.  Drawing.

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   (b)  [In any given year, no more than 10% of the applications drawn and issued may be non-resident. A yearly cap on the number of nonresident applications that may be drawn and issued shall be based on the percentage of nonresident general hunting licenses issued the previous year.] Applications from current applicants who have applied in the 2003-2004 license year and proceeding years will be included in the drawing until the applicant is successfully drawn and issued a permit.

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[Pa.B. Doc. No. 03-1181. Filed for public inspection June 20, 2003, 9:00 a.m.]


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