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PA Bulletin, Doc. No. 05-714

PROPOSED RULEMAKING

[58 PA. CODE CH. 143]

Deadline for Purchasing a Bear License

[35 Pa.B. 2313]

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

   Amend § 143.67 (relating to application) to establish a deadline for purchasing a bear license prior to the opening of regular firearms deer season.

   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

   Currently, a hunter can purchase a bear license at the time the hunter purchases a license or at any time up to the close of established bear seasons. This expanded purchasing period, however, has provided certain individuals with the opportunity to abuse the bear license requirement. Specifically, the Commission is aware of certain individuals (without bear licenses) unlawfully shooting bears during the concurrent bear/deer season only to thereafter purchase a bear license to lawfully possess and retain the bear carcass. To prevent this type of abuse in the future, the Commission is proposing to amend § 143.67 to establish a deadline for purchasing bear licenses to a date prior to the opening of regular firearms deer season.

   Section 2722(g) of the code (relating to authorized license-issuing agents) directs the Commission to adopt regulations for the administration, control and performance of license issuing activities. 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 amendment of § 143.67 was proposed under this authority.

2.  Regulatory Requirements

   The proposed rulemaking will establish a deadline in § 143.67 for purchasing bear licenses to a date prior to the opening of regular firearms deer season.

3.  Persons Affected

   Persons who wish to purchase a bear license in this Commonwealth will 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: 48-206. No fiscal impact; (8) recommends adoption.

Annex A

TITLE 58. RECREATION

PART III. GAME COMMISSION

CHAPTER 143. HUNTING AND FURTAKER LICENSES

Subchapter D. BEAR LICENSES

§ 143.67. Application.

*      *      *      *      *

   (b)  Applications for bear licenses may be made [when purchasing a regular hunting license, or any time thereafter, upon presentation of the regular hunting license] prior to the opening of the regular firearms deer season by persons who hold a valid regular hunting license.

[Pa.B. Doc. No. 05-714. Filed for public inspection April 15, 2005, 9:00 a.m.]


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