PROPOSED RULEMAKING
[58 PA. CODE CHS. 141 AND 143]
Hunting and Trapping; Hunting and Furtaker Licenses
[34 Pa.B. 1944] To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its January 27, 2004, meeting, proposed the following amendments:
Amend § 141.47 (relating to elk) to create a 150-yard wide no elk hunting zone on each side of the center line of Rt. 555 from Weedville to Hicks Run; § 141.48 (relating to elk management units) to allow the Director to establish elk management units prior to the opening of elk season; § 143.203 (relating to drawing) to permit elk hunters to meet the orientation requirement by completing one of the available orientation programs and also permit elk hunters whose military obligations prevent them from hunting during the current elk season to transfer their elk hunting eligibility to the next available season; and § 143.207 (relating to unlawful acts) to permit elk hunters to submit one application for an elk license for each elk season available.
The proposed rulemaking will have no adverse impact on the wildlife resources of this Commonwealth.
The authority for the proposed rulemaking is 34 Pa.C.S. (relating to Game and Wildlife Code) (code).
The proposed rulemaking was made public at the January 27, 2004, meeting of the Commission. Comments can be sent until April 16, 2004, to the Director, Information and Education, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797.
1. Introduction
The Commission is proposing to amend § 141.47 to create a 150-yard wide no elk hunting zone on each side of the center line of Rt. 555 from Weedville to Hicks Run, § 141.48 to allow the Director to establish elk management units prior to the opening of elk season, § 143.203 to permit elk hunters to meet the orientation requirement by completing one of the available orientation programs and also permit elk hunters whose military obligations prevent them from hunting during the current elk season to transfer their elk hunting eligibility to the next available season and § 143.207 to permit elk hunters to submit one application for an elk license for each elk season available.
2. Purpose and Authority
Currently, there is an area along Rt. 555 where elk are highly visible to the public from the roadway. These elk are often found in both private and public places; however, due to the proximity of these elk to the public, hunting them creates a danger for individuals located in or passing through this area. The proximity of these elk to Rt. 555 also encourages illegal poaching and the violation of the fair chase element to legal hunting. The Commission is proposing to amend § 141.47 to create a 150-yard wide no elk hunting zone on each side of the center line of Rt. 555 from Weedville to Hicks Run to protect people and elk in this exposed area from unsafe, illegal or incorrigible hunting practices.
At present, elk management units are, as some might say, ''set in semipermanent stone'' in the regulations. While the elk management units may be amended as needed, the process required to amend the regulations creates a substantial time delay before an amendment can be implemented and enforced. For elk management units, this delay means that by the time the elk management units are established and implemented, the information used to establish the new elk management units is no longer current. The Commission relies on various changing information to determine elk management unit locations including known elk herd locations, estimated elk populations and current elk problem areas. The Commission is proposing to amend § 141.48 to allow the Director to establish the elk management unit boundaries prior to the opening of elk season. This amendment will allow the Commission to more effectively manage the elk herd by allowing the elk management units to be defined in a more responsive manner. This means that hunters will have a greater opportunity to be successful and will enable the Commission to reduce elk numbers in the most critical areas based upon the most recent information available.
Unfortunately, many successful applicants for an elk license are burdened with conflicts that prevent them from attending the orientation program sponsored by the Commission. As this orientation program is a required step to be completed before being issued an elk license, these conflicts can create an unfortunate dilemma for hunters. The Commission intends to relax this requirement and allow more flexibility in meeting the orientation requirement. Specifically, the Commission is proposing to amend § 143.203 to permit other options in programming to give the hunters the necessary orientation. The Commission also proposes to amend § 143.203 to allow persons serving in the armed forces, who were successfully drawn for an elk license but are unable to hunt during the current elk season because of their military obligation, to be issued an elk license for the following elk season.
Recently, the Commission proposed a second, early elk season. However, if implemented, current regulations would prevent an applicant from lawfully submitting an application for each season available. Specifically, § 143.207 currently makes it unlawful for a person to submit more than one application for an elk license during any hunting license year. The Commission is proposing to amend this language in § 143.207 to permit hunters to submit one application for each elk season available in any given hunting license year.
Section 322(c)(4) of the code (relating to powers and duties of commission) specifically authorizes the Commission to ''define geographic limitations or restrictions.'' Section 2102(a) of the code (relating to regulations) provides that ''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 no elk hunting 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 §§ 141.47 and 141.48 are proposed under this authority.
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 activities related to license issuing. Section 2102(a) of the code provides that ''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 . . . in this Commonwealth.'' The amendments to §§ 143.203 and 143.207 are proposed under this authority.
3. Regulatory Requirements
The proposed rulemaking will make it unlawful to hunt within the 150-yard wide no elk hunting zone on each side of Rt. 555 from Weedville to Hicks Run, will allow the Director to establish elk management units prior to the opening of elk season, will permit elk hunters to meet the orientation by completing one of the available orientation programs, will permit hunters whose military obligations prevent them from hunting during the current elk season to transfer their elk hunting eligibility to the next available season and will allow elk hunters to submit one application for an elk license for each elk season available.
4. Persons Affected
Persons wishing to hunt for elk in this Commonwealth may 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 DirectorFiscal Note: 48-179. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 58. RECREATION
PART III. GAME COMMISSION
CHAPTER 141. HUNTING AND TRAPPING
Subchapter C. BIG GAME § 141.47. Elk.
It is unlawful while hunting elk to:
* * * * * (12) Hunt within 150 yards from the center line of Route 555, from the intersection of Routes 255 and 555, to the intersection of Huston Hill Road and Route 555.
§ 141.48. Elk management units.
* * * * * (b) [The outline map of Pennsylvania sets forth elk management units. Elk management unit 11 comprises all areas outside Units 1-10 inclusive. (See map of Pennsylvania Elk Management Units in Appendix F.)] The elk management units shall be established by the Director prior to the opening of elk season.
(Editor's Note: As part of this proposed rulemaking, the Commission is proposing to delete Appendix F which appears in 58 Pa. Code pages 141-25 and 141-26, serial pages (297367) and (297368).)
APPENDIX F. (Reserved)
CHAPTER 143. HUNTING AND FURTAKER LICENSES
Subchapter K. ELK LICENSES § 143.203. Drawing.
* * * * * (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] and complete an orientation program as prescribed by the Director. 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.] Qualified applicants drawn for an elk license whose military obligation prevents them from hunting the current elk season shall be eligible to hunt in the next available elk season.
(f) The number of licenses shall be limited to a number set by the Commission.
§ 143.207. Unlawful acts.
It is unlawful for a person to:
(1) Submit more than one application for an elk license for any elk season during any hunting license year.
* * * * *
[Pa.B. Doc. No. 04-604. Filed for public inspection April 9, 2004, 9:00 a.m.]
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