RULES AND REGULATIONS
[58 PA. CODE CH. 141]
Hunting and Trapping; Deer
[33 Pa.B. 5317] To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its June 24, 2003, meeting, adopted the following amendment:
Amend § 141.43(g) (relating to deer) to permit the cooperation of hunters who are properly licensed to hunt during a particular deer season.
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. 2590 (May 31, 2003).
1. Introduction
The Commission amended § 141.43(g) to permit the cooperation of any hunters who are properly licensed to hunt during a particular deer season.
2. Purpose and Authority
Formerly, regulations permitted properly licensed hunters to cooperate and drive deer for each other when deer seasons ran concurrently. However, all hunters were required to have a doe license from the county in which they were hunting to drive deer for other hunters who were hunting doe in that county. In light of the recently adopted larger deer management units, this provision is no longer practical. For example, former regulations permitted an archery hunter to drive deer for a rifle hunter or muzzleloader hunter and vice versa during the concurrent October seasons. However, the same archery hunter who did not have an antlerless license could not drive deer for a rifle or muzzleloader hunter who could only hunt doe in that early season. The former concurrent buck/doe seasons only added to this type confusion over cooperation between archery, muzzleloader and rifle hunters.
The amendment to § 141.43(g) will permit any hunter who is properly licensed to hunt in a specific deer season to cooperate with other hunters who are also properly licensed to hunt in a specific deer season. For example, archery hunters, muzzleloader hunters and those entitled to use rifles during the October season will be permitted to drive deer for other hunters even if the archery hunters among them does not have a doe license. It will also allow any hunter who is properly licensed to hunt during the concurrent deer season to drive deer for another hunter who is also properly licensed to hunt during the concurrent deer season, even if either has only an antlerless tag from a different deer management unit and one or both hunter has already harvested a buck.
Section 2102(a) of the code (relating to regulations) provides ''The commission shall promulgate such regulations as it deems necessary and appropriate concerning game or wildlife and hunting or furtaking in this Commonwealth, including regulations relating to the protection, preservation and management of game or wildlife and game or wildlife habitat, permitting or prohibiting hunting or furtaking, the ways, manner, methods and means of hunting or furtaking, and 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 amendment to § 141.43(g) was proposed under this provision.
3. Regulatory Requirements
The final-form rulemaking permits the cooperation of hunters who are properly licensed to hunt during a particular deer season.
4. Persons Affected
Persons wishing to hunt deer cooperatively during open seasons will be affected by the final-form rulemaking.
5. Comment and Response Summary
There were no official comments received regarding this final-form rulemaking.
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 amendment 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 amendment 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 141, are amended by amending § 141.43 to read as set forth at 33 Pa.B. 2590.
(b) The Executive Director of the Commission shall certify this order and 33 Pa.B. 2590 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 48-163 remains valid for the final adoption of the subject regulation.
[Pa.B. Doc. No. 03-2071. Filed for public inspection October 24, 2003, 9:00 a.m.]
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