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PA Bulletin, Doc. No. 05-711

PROPOSED RULEMAKING

[58 PA. CODE CH. 135]

Middlecreek and Pymatuning Waterfowl Management Areas; Youth Shooting Day

[35 Pa.B. 2311]

   To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its January 25, 2005, meeting, proposed the following rulemaking:

   Amend § 135.103 (relating to registration for controlled goose hunting areas) to allow the Commission to designate 1 shooting day at the Middlecreek and Pymatuning Waterfowl Management Areas as a youth-only day.

   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 25, 2005, meeting of the Commission. Comments can be sent to the Director, Information and Education, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, until April 22, 2005.

1.  Purpose and Authority

   The Commission is constantly looking for ways to attract the attention of younger hunters to get them involved or keep them involved with the traditional sport of hunting and trapping. One tool that has been largely successful towards this end has been the creation of expanded or youth-only hunting opportunities. In an effort to continue attracting and maintaining younger generations, the Commission is proposing to create a youth-only hunting day at the Middlecreek and Pymatuning Waterfowl Management Areas. Specifically, the proposed rulemaking will allow for a special drawing of junior license holder applicants prior to the regular drawing. After the special drawing is completed, all unsuccessful junior license holder applicants and all other regular applicants will be eligible for the remainder of the scheduled shooting days.

   Section 322(c)(6) of the code (relating to powers and duties of the commission) specifically empowers the commission to ''Limit the number of hunters or furtakers in any designated area and prescribe the lawful methods of hunting or taking furbearers in these areas.'' Section 721(a) of the code (relating to control of property) provides ''The administration of all lands and waters owned, leased or otherwise controlled by the commission shall be under the sole control of the Director, and the commission shall promulgate regulations . . . for its use and protection as necessary to properly manage these lands or waters.'' 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 amendment to § 135.103 was proposed under this authority.

2.  Regulatory Requirements

   The proposed rulemaking will amend § 135.103 to allow the Commission to designate 1 shooting day at the Middlecreek and Pymatuning Waterfowl Management Areas as a youth-only day.

3.  Persons Affected

   Persons who whish to hunt waterfowl at the Middlecreek and Pymatuning Waterfowl Management Areas may be affected by the proposed rulemaking.

4.  Cost and Paperwork Requirements

   The proposed rulemaking should not result in additional cost or paperwork.

5.  Effective Date

   The proposed rulemaking will be effective upon final-form publication in the Pennsylvania Bulletin and will remain in effect until changed by the Commission.

6.  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 Director

   Fiscal Note: 48-203. No fiscal impact; (8) recommends adoption.

Annex A

TITLE 58. RECREATION

PART III. GAME COMMISSION

CHAPTER 135. LANDS AND BUILDINGS

Subchapter F. SPECIAL WILDLIFE MANAGEMENT AREAS

§ 135.103. Registration for controlled goose hunting areas.

   The following apply to reservations for controlled goose hunting areas:

*      *      *      *      *

   (4)  Selections of mailed application forms will be made by random drawing from all eligible applications submitted. The Director will establish, no later than 20 days prior to the drawing, the number of applications to be drawn.

*      *      *      *      *

   (v)  The Director may designate 1 shooting day at the Middle Creek and Pymatuning Waterfowl Management Areas as a youth-only day. Adults who accompany a junior hunter on this day may participate in the hunt by calling only. Applications received from junior hunters will be separated and drawn prior to the other applications on the established drawing date for the management area. Unsuccessful applicants for the youth shooting day will then be placed with all other applications and the drawing will proceed until all shooting days are filled.

*      *      *      *      *

[Pa.B. Doc. No. 05-711. Filed for public inspection April 15, 2005, 9:00 a.m.]


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