RULES AND REGULATIONS
GAME COMMISSION
[58 PA. CODE CH. 143]
Hunting and Furtaker Licenses
[34 Pa.B. 3715] To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its April 20, 2004, meeting, adopted the following final-form rulemaking:
Amend § 143.48 (relating to first-come-first-served license issuance) to remove the reference to § 143.45(g) (relating to completing and submitting applications), which will be eliminated; § 143.53 (relating to reapplication) to permit an applicant to receive a replacement license from any county treasurer; and §§ 143.55 and 143.56 (relating to unlawful acts; and penalties) to permit the revalidation of a license by submission of the required payment and fees despite prior submission of a nonnegotiable check.
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. 1782 (April 3, 2004).
1. Introduction
The Commission amends § 143.48 to remove the reference to § 143.45(g), which will be eliminated, amends § 143.53 to permit an applicant to receive a replacement license from any county treasurer and amends §§ 143.55 and 143.56 to permit the revalidation of a license by submission of the required payment and fees despite prior submission of a nonnegotiable check.
2. Purpose and Authority
Formerly, § 143.48(b) referenced § 143.45(g). Section 143.45(g) provided the requirement that an applicant for an antlerless deer license or licenses identify the number of applications enclosed in the application envelope by circling the appropriate preprinted number on the outside of the envelope. Since this subsection was eliminated, the Commission eliminates the reference to § 143.45(g) in § 143.48(b) to maintain clarity and eliminate ''dead-end references'' in the regulations.
Former regulations required replacement license applicants to apply to a county treasurer within the management unit where the original license was issued. The Commission amends § 143.53 to allow applicants to apply to any current treasurer for a replacement license. This amendment is intended to make the reapplication process more convenient for hunters and allow county treasurers to provide better service to their constituents.
Former regulations stated that a non-negotiable check submitted as payment for a license automatically voids the license and subjects it to confiscation by an officer of the Commission. The Commission amends §§ 143.55 and 143.56 to the extent that a license will not be automatically and permanently voided when it is paid for with a non-negotiable check. Rather, the Commission will permit a license holder to revalidate the license by submitting the required payment and fees charged for processing the nonnegotiable check to the county treasurer.
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 (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 §§ 143.48, 143.53, 143.55 and 143.56 were adopted under this authority.
3. Regulatory Requirements
The final-form rulemaking relaxes the existing requirements including removing reference to § 143.45(g) in § 143.48. The amendment to § 143.53 permits an applicant to receive a replacement license from any county treasurer rather than just the original license issuing county treasurer. The amendments to §§ 143.55 and 143.56 also permit the revalidation of a license by submission of the required payment and fees despite prior submission of a non-negotiable check.
4. Persons Affected
Persons applying for antlerless deer licenses, persons applying for replacement licenses and persons wishing to revalidate a license voided by the submission of a non-negotiable check are 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 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 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 Chapter 143, are amended by amending §§ 143.48, 143.53, 143.55 and 143.56 to read as set forth at 34 Pa.B. 1782.
(b) The Executive Director of the Commission shall certify this order and 34 Pa.B. 1782 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 48-180 remains valid for the final adoption of the subject regulations.
[Pa.B. Doc. No. 04-1290. Filed for public inspection July 16, 2004, 9:00 a.m.]
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