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PA Bulletin, Doc. No. 05-1335

RULES AND REGULATIONS

GAME COMMISSION

[58 PA. CODE CH. 143]

Hunting and Furtaker Licenses

[35 Pa.B. 3935]

   To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its April 26, 2005, meeting, adopted Chapter 143, Subchapter L (relating to special wild turkey licenses) to provide regulations establishing the opportunity for hunters to purchase a special wild turkey license to take a second bird during the spring gobbler season if the Commission sets a two bird bag limit for the spring gobbler season.

   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. 1765 (March 19, 2005).

1.  Purpose and Authority

   The General Assembly recently amended section 2705 of the code (relating to classes of licenses) to permit the creation of a ''special wild turkey license'' to be used in conjunction with an adult or junior resident license, adult or junior nonresident license, senior resident lifetime license, senior lifetime combination hunting and furtaking license or junior resident and nonresident combination hunting and furtaking license. However, before the Commission could make this special license available, it had to generate the regulatory framework to implement its creation and use. The Commission added Subchapter L accomplish this task.

   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 322(c)(3) of the code (relating to powers and duties of commission) specifically empowers the Commission to ''Increase or reduce bag limits or possession limits.'' Section 2102(b)(1) of the code (relating to regulations) authorizes the commission to ''promulgate regulations relating to seasons and bag limits for hunting or furtaking, the possession of certain species or parts thereof, the number and types of devices and equipment allowed, the identification of devices and the use and possession of devices.'' Section 2102(a) of the code 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 addition of Chapter 143, Subchapter L was adopted under this authority.

2.  Regulatory Requirements

   The final-form rulemaking will establish the regulatory framework for the creation and use of the special wild turkey license by licensed hunters.

3.  Persons Affected

   Persons wishing to apply for a special wild turkey license to hunt for and take an additional turkey during the spring gobbler season will be affected by the final-form rulemaking.

4.  Comment and Response Summary

   The Commission received a total of 11 official comments regarding this final-form rulemaking. Of this total, five comments were in support and six comments were in opposition to the special wild turkey license.

5.  Cost and Paperwork Requirements

   The final-form rulemaking will result in minor additional cost to the Commission in the form of printing and issuing the proposed special wild turkey licenses.

6.  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.

7.  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 amendments 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 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 adding §§ 143.221--147.225 to read as set forth at 35 Pa.B. 1765.

   (b)  The Executive Director of the Commission shall certify this order and 35 Pa.B. 1765 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 48-201 remains valid for the final adoption of the subject regulations.

[Pa.B. Doc. No. 05-1335. Filed for public inspection July 15, 2005, 9:00 a.m.]


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