RULES AND REGULATIONS
GAME COMMISSION
[58 PA. CODE CH. 143]
Hunting and Furtaker Licenses
[35 Pa.B. 354] To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its June 29, 2004, meeting, adopted § 143.12 (relating to fee for replacement hunter education training certificate).
This final-form rulemaking will have no adverse impact on the wildlife resources of this Commonwealth.
The authority for this final-form rulemaking is 34 Pa.C.S. (relating to Game and Wildlife Code) (code).
Notice of proposed rulemaking was published at 34 Pa.B. 5165 (September 18, 2004).
1. Introduction
The Commission added § 143.12 to permit the Commission to implement a fee for the replacement of hunter education training certificates to offset administrative costs.
2. Purpose and Authority
Each year the Commission receives over 2,000 requests from individuals needing replacement certificates to verify that they have completed hunter education training. Most of the requests come from individuals desiring to hunt in another state where proof of having completed hunter education training is required to purchase a hunting license in that state. Filling these requests formerly resulted in substantial administrative costs. To offset a portion of these costs, the Commission added § 143.12 to permit the Commission to implement a fee for the replacement of hunter education training certificates.
Section 2722(g)(2) of the code (relating to authorized license-issuing agents) directs the Commission to adopt regulations for the administration, control and performance of activities related to license issuing. 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 to § 143.12 was adopted under this authority.
3. Regulatory Requirements
This final-form rulemaking adds § 143.12 to permit the Commission to implement a fee for the replacement of hunter education training certificates.
4. Persons Affected
Persons requesting replacement hunter education training certificates from the Commission will be affected by this final-form rulemaking.
5. Comment and Response Summary
There were no official comments received regarding this final-form rulemaking.
6. Cost and Paperwork Requirements
This final-form rulemaking will result in a fee of $10 to persons requesting replacement hunter education training certificates from the Commission.
7. Effective Date
This rulemaking will be effective upon final-form publication in the Pennsylvania Bulletin and will remain in effect until changed by the Commission.
8. Contact Person
For further information regarding this 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 regulation 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 § 143.12 to read as set forth at 34 Pa.B. 5165.
(b) The Executive Director of the Commission shall certify this order and 34 Pa.B. 5165 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 DirectorFiscal Note: Fiscal Note 48-193 remains valid for the final adoption of the subject regulation.
[Pa.B. Doc. No. 05-88. Filed for public inspection January 14, 2005, 9:00 a.m.]
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