RULES AND REGULATIONS
GAME COMMISSION
[58 PA. CODE CHS. 141 AND 143]
Hunting and Trapping; Hunting and Furtaker Licenses
[34 Pa.B. 3713] To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its April 20, 2004, meeting, adopted a final-form rulemaking:
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 and a Hick's Run no hunting zone; § 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 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 34 Pa.B. 1944 (April 10, 2004).
1. Introduction
The Commission amends § 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 Hick's Run and a Hick's Run no hunting zone which includes a cemetery; amends § 141.48 to allow the Director to establish elk management units prior to the opening of elk season; amends § 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 amends § 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 amends § 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.
Formerly, elk management units were ''set in semipermanent stone'' in the regulations. While the units could be amended as needed, the process required to amend the regulations created a substantial time delay before a change could be implemented and enforced. For elk management units, this delay meant that by the time the units were established and implemented the information used to establish the new units was no longer current. The Commission relies on various ever-changing information to determine unit locations including known elk herd locations, estimated elk populations and current elk problem areas. The Commission amends § 141.48 to allow the Director to establish the elk management unit boundaries prior to the opening of elk season. This change 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. In turn, this means that hunters will have a greater opportunity to be successful and will also enable the Commission to reduce elk numbers in the most critical areas based upon the most recent information available.
Unfortunately, many successful applicants for elk licenses 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 amends § 143.203 to permit other options in programming to give the hunters the necessary orientation. The Commission also amends § 143.203 to allow a person serving in the armed forces, who was successfully drawn for an elk license but unable to hunt during a current elk season because of military obligation, to be issued an elk license for the following elk season.
Recently, the Commission considered (but deferred) a second, early elk season. However, if implemented former regulations would prevent an applicant from lawfully submitting an application for each season available. Specifically, § 143.207 formerly made it unlawful for a person to submit more than one application for an elk license during any hunting license year. The Commission amended this language in § 143.207 to permit hunters to submit one application for each elk season available in any given hunting license year should additional seasons be implemented.
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 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 §§ 141.47 and 141.48 were adopted 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 were adopted under this authority.
3. Regulatory Requirements
The final-form rulemaking makes it unlawful to hunt within the 150-yard wide no elk hunting zone on each side of Rt. 555 from Weedville to Hicks Run, allows the Director to establish elk management units prior to the opening of elk season, permits elk hunters to meet the orientation by completing one of the available orientation programs, permits hunters whose military obligations prevent them from hunting during a current elk season to transfer their elk hunting eligibility to the next available season and allows 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 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 final-form 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 these 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 §§ 141.48, 143.203 and 143.207 and deleting Appendix F in Chapter 141 to read as set forth at 34 Pa.B. 1944 and by amending § 141.47 to read as set forth in Annex A.
(b) The Executive Director of the Commission shall certify this order, 34 Pa.B. 1944 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 48-179 remains valid for the final adoption of the subject regulations.
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:
(1) Use any rifle or handgun which is not centerfire and at least .27 caliber.
(2) Use any projectile which is not all lead or designed to expand on impact and at least 130 grains.
(3) Use muzzleloading firearms other than long guns which are at least .50 caliber and propel a single-projectile that weighs at least 210 grains.
(4) Use any shotgun less than 12 gauge.
(5) Use any bow with a draw weight less than 45 pounds.
(6) Use any arrow that is not equipped with a broadhead that has an outside diameter or width of at least 1 inch with no less than 2 fixed, steel cutting edges and each cutting edge must be in the same plane throughout the length of the cutting surface.
(7) Use any crossbow with a draw weight less than 125 pounds or more than 200 pounds.
(8) After lawfully killing an elk, fail to mark the kill sight under Commission instructions provided at the orientation.
(9) Act or conspire to act as a guide for any person without first securing a permit from the Commission and attending an orientation program sponsored by the Commission.
(10) Act or conspire to act as a client for any guide who has not secured a permit from the Commission and attended an orientation program sponsored by the Commission.
(11) Drive or herd elk.
(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.
(13) Hunt within the Hick's Run no hunt zone, this being the area immediately adjacent to and north of Route 555, between Hick's Run Road and Huston Hill Road and within .3 mile of Route 555.
[Pa.B. Doc. No. 04-1289. Filed for public inspection July 16, 2004, 9:00 a.m.]
No part of the information on this site may be reproduced for profit or sold for profit.This material has been drawn directly from the official Pennsylvania Bulletin full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.
