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PA Bulletin, Doc. No. 05-1330

RULES AND REGULATIONS

GAME COMMISSION

[58 PA. CODE CH. 135]

Middlecreek and Pymatuning Waterfowl Management Areas; Youth Shooting Day

[35 Pa.B. 3926]

   To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its April 26, 2005, meeting, adopted an amendment to § 135.103 (relating to registration for controlled goose hunting areas) to allow the Director to designate 1 shooting day at the Middlecreek and Pymatuning Wildlife Management Areas as a youth-only day.

   The final-form rulemaking will have no adverse impact on the wildlife resources of this Commonwealth.

   The authority for the final rulemaking is 34 Pa.C.S. (relating to Game and Wildlife Code) (code).

   Notice of proposed rulemaking was published at 35 Pa.B. 2311 (April 16, 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 amended § 135.103 to allow the Director to designate a youth-only hunting day at the Middlecreek and Pymatuning Wildlife Management Areas. Specifically, the amended § 135.103 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 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 adopted under this authority.

2.  Regulatory Requirements

   The final-form rulemaking will amend § 135.103 to allow the Director to designate 1 shooting day at the Middlecreek and Pymatuning Wildlife Management Areas as a youth-only day.

3.  Persons Affected

   Persons wishing to hunt waterfowl at the Middlecreek and Pymatuning Wildlife Management Areas may be affected by the final-form rulemaking.

4.  Comment and Response Summary

   There were no official comments received regarding this final-form rulemaking.

5.  Cost and Paperwork Requirements

   The final-form rulemaking may result in minor additional cost or paperwork, or both, associated with the expanded drawing process.

7.  Effective Date

   The final-form rulemaking will be effective upon 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 the amendment 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 135, are amended by amending § 135.103 to read as set forth in Annex A.

   (b)  The Executive Director of the Commission shall certify this order 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 Director

   Fiscal Note: Fiscal Note 48-203 remains valid for the final adoption of the subject regulation.

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:

   (1)  Applications are available in, and shall be submitted from, the current edition of Digest of Pennsylvania Hunting and Trapping Regulations supplied with each hunting license.

   (2)  Reservation requests on official application forms shall be submitted by mail. An application shall contain requested information, including the applicant's current valid hunting license back tag number, including letter.

   (i)  Middle Creek Wildlife Management Area. Applications shall be received by the close of business on the second Tuesday in September. Applications received later than the close of business on the second Tuesday in September will be rejected.

   (ii)  Pymatuning Wildlife Management Area. Applications shall be received by the close of business on the second Saturday in September. Applications received later than the close of business on the second Saturday of September will be rejected.

   (3)  One official application per person to hunt on one controlled goose hunting area in this Commonwealth may be submitted. Anyone submitting more than one application for a reservation will have all applications rejected.

   (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.

   (i)  Middle Creek Wildlife Management Area. The drawing will be held on the second Wednesday in September and shall be open to the public.

   (ii)  Pymatuning Wildlife Management Area. The drawing will be held on the third Saturday in September and shall be open to the public.

   (iii)  Disabled access blinds.

   (A)  A separate drawing shall also be held for the disabled access blinds for persons in possession of a disabled person permit issued under section 2923(a) of the act (relating to disabled person permits). A copy of the current disabled person permit shall accompany the application.

   (B)  Other provisions of this section apply to disabled access blinds.

   (iv)  The Director may designate 1 shooting day at the Middle Creek and Pymatuning Wildlife 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.

   (5)  A reservation is not transferable. The person whose name appears on the reservation shall present the reservation in person at the wildlife management area registration center designated. A reservation shall entitle the applicant to bring not more than three guests with him. Guests shall be present and register.

   (6)  An individual may hunt 1 day per season on one controlled goose hunting area as a reservation holder, a guest of a reservation holder or by applying for unclaimed reservations. An individual filing more than one application or hunting more than one time per season on a controlled goose hunting area in this Commonwealth shall be denied the privilege of hunting on these areas for 3 years.

   (7)  A reservation for 1 day is valid only up to 1/2 hour before the daily shooting time.

   (8)  Blinds will be assigned, by drawing, to reservation holders on the morning of the designated shooting day. A blind which is unclaimed will be assigned by drawing to persons present and applying for the unclaimed blinds on the morning of each shooting day, 1/2 hour prior to shooting time.

[Pa.B. Doc. No. 05-1330. Filed for public inspection July 15, 2005, 9:00 a.m.]


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