RULES AND REGULATIONS
[58 PA. CODE CH. 143]
Hunting and Furtaker Licenses; Elk Licenses
[33 Pa.B. 5319] To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its June 24, 2003, meeting, adopted the following amendments:
Amend § 143.203 (relating to drawing) to eliminate the 10% cap on the number of nonresident elk licenses that can be issued and to establish and implement a preference system for all current applicants who have been unsuccessful in having their applications drawn in previous years.
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. 2883 (June 21, 2003).
1. Introduction
The Commission amended § 143.203 to eliminate the 10% cap on the number of nonresident elk licenses that can be issued and to establish and implement a preference system for all current applicants who have been unsuccessful in having their application drawn in previous years.
2. Purpose and Authority
Formerly, regulations required a 10% yearly cap on the number of nonresident elk licenses that could be issued in a given year. This cap was determined by the percentage of nonresident general licenses that were sold in the current year. The Commission eliminated the cap on the number of nonresident elk licenses that could be issued to establish a preference system for all current applicants who have been unsuccessful in having their applications drawn in previous years. Under this preference, those current applicants who have applied in the 2003-2004 license year and any subsequent years will have their applications that have not been drawn remain in the pool of applications from which successful applicants are drawn, thus accruing preference and increasing their chances of being successfully drawn for a license.
Section 2705(15) of the code (relating to classes of licenses) provides that ''To ensure sound management of this Commonwealth'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 final-form rulemaking.
3. Regulatory Requirements
The final-form rulemaking eliminates the 10% cap on the number of nonresident elk licenses that could be issued to establish and implement a preference system for all current applicants who have been unsuccessful in having their application drawn in previous years.
4. Persons Affected
Persons who wish to apply for an elk license will be affected by this final-form rulemaking.
5. Comment and Response Summary
There were six official comments received regarding this final-form rulemaking. All were in opposition to the removal of the cap on the number of nonresident elk licenses that could be issued in a given year.
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 143, are amended by amending § 143.203 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 48-165 remains valid for the final adoption of the subject regulation.
Annex A
TITLE 58. RECREATION
PART III. GAME COMMISSION
CHAPTER 143. HUNTING AND FURTAKER LICENSES
Subchapter K. ELK LICENSES § 143.203. Drawing.
(a) The Executive Director will set the date and location for the random drawing of applications for the issuance of elk licenses. Incomplete, illegible or duplicate applications will not be included in the drawing.
(b) Applications from current applicants who have applied in the 2003-2004 license year and subsequent years will be included in the drawing until the applicant is successfully drawn and issued a license.
(c) An applicant issued an antlered elk license is not permitted to apply for another elk license for 5 license years.
(d) Qualified applicants and alternates drawn for an elk license shall be required to obtain a regular hunting license prior to attending an orientation session sponsored by the Commission before the elk license is issued. Persons who are eligible for license and fee exemptions and meet the requirements in section 2706 of the act (relating to resident license and fee exemptions) are not required to purchase a regular hunting license.
(e) The number of licenses shall be limited to a number set by the Commission.
[Pa.B. Doc. No. 03-2074. Filed for public inspection October 24, 2003, 9:00 a.m.]
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