PROPOSED RULEMAKING
[58 PA. CODE CH. 143]
Hunting and Furtaker Licenses
[34 Pa.B. 484] To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its October 7, 2003, meeting, proposed the following amendments:
Amend §§ 143.45 and 143.52 (relating to completing and submitting applications; and procedure for unlimited antlerless licenses) by eliminating the requirement to circle the appropriate number on the antlerless license application envelope and to move the date when county treasurers begin accepting over the counter antlerless license applications.
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 October 7, 2003, meeting of the Commission. Comments can be sent until January 27, 2004, to the Director, Information and Education, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797.
1. Introduction
This proposed rulemaking eliminates the legal requirement that an applicant for an antlerless license circle the appropriate number on the application envelope, so it can be properly processed without being placed in a dead letter file, while another amendment adjusts the date for treasurers accepting over the counter applications so as not to conflict with the mail-in application processing demands.
2. Purpose and Authority
By eliminating the requirement that the preprinted number on the outside of the envelopes for those applying for antlerless deer licenses be circled indicating the number of applications enclosed, the Commission will not be forced into placing them into a dead letter file because of an inadvertent mistake, but rather can legally accept them and the enclosed applications and process them without unnecessary delay and extra mail handling.
By adjusting the date when county treasurers can begin accepting over the counter applications for antlerless deer licenses to the third Monday in September, the burden on the treasurers who are still processing mail-in applications will be lessened and allow ample time for applicants who have applied by mail to have their applications received and processed before others can purchase them over the counter.
Section 2705(13) of the code (relating to classes of licenses) lists antlerless deer licenses as one of the licenses that the Commission administers by establishing regulations, requirements and conditions. Section 2722(g)(2) of the code (relating to authorized license-issuing agents) provides that ''The commission shall adopt regulations for the administration, control and performance of activities conducted pursuant to the provisions of this chapter.'' These provisions provide the statutory authority for the proposed rulemaking.
3. Regulatory Requirements
The proposed rulemaking allows applicants for antlerless licenses who fail to circle the number of applications enclosed within their envelope to have their applications legally accepted and processed. This proposed rulemaking also allows county treasurers to legally accept over the counter antlerless applications at a later date to ease processing demands and conflicts with the mail-in applications.
4. Persons Affected
Persons who wish to apply for an antlerless deer license will 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: 48-176. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 58. RECREATION
PART III. GAME COMMISSION
CHAPTER 143. HUNTING AND FURTAKER LICENSES
Subchapter C. ANTLERLESS DEER LICENSES § 143.45. Completing and submitting applications.
* * * * * (g) [The appropriate preprinted number on the outside of the envelope shall be circled indicating the number of applications enclosed.
(h)] The envelope shall contain return first class postage and be self-addressed. If requirements of this subsection are not met, applications [shall] will be placed in a dead letter file and may be reclaimed by the applicant upon contacting the Commission's Hunting License Division in Harrisburg. Postage, both forward and return, is the responsibility of the applicant.
[(i)] (h) * * *
§ 143.52. Procedure for unlimited antlerless licenses.
* * * * * (c) Beginning on the [date specified in subsection (b)] third Monday in September, county treasurers within the designated wildlife management units shall accept antlerless applications over the counter from residents and nonresidents of this Commonwealth and may immediately issue licenses to applicants.
[Pa.B. Doc. No. 04-141. Filed for public inspection January 23, 2004, 9:00 a.m.]
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