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PA Bulletin, Doc. No. 05-2082

RULES AND REGULATIONS

GAME COMMISSION

[58 PA. CODE CH. 143]

Hunting and Furtaker Licenses

[35 Pa.B. 6239]

   To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its October 4, 2005, meeting, adopted amendments to § 143.84 (relating to application) to replace the language establishing the deadline by which muzzleloader licenses must be purchased with language more consistent with the application process for other various licenses.

   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. 3550 (June 25, 2005).

1.  Purpose and Authority

   Formerly, § 143.84 required all muzzleloader license applications to be made by the second Saturday in November. The Commission has determined that this deadline is no longer necessary. Therefore, the Commission has amended § 143.84 by replacing the language establishing the application deadline with language more consistent with the application process for other various licenses. This amendment renders the subsequent language allowing collectors to purchase a flintlock (muzzleloader) license after the close of the special flintlock season to be unnecessary; therefore this language was also eliminated.

   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 . . . .'' The amendment to § 143.84 was adopted under this authority.

2.  Regulatory Requirements

   The final-form rulemaking amends § 143.84 by replacing the language establishing the deadline by which muzzleloader licenses must be purchased with language more consistent with the application process for other various licenses. The final-form rulemaking also removes language made unnecessary by the previously discussed change.

3.  Persons Affected

   Persons wishing to apply for and purchase muzzleloader licenses will 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 should not result in additional cost or paperwork.

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 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 143, are amended by amending § 143.84 to read as set forth at 35 Pa.B. 3550.

   (b)  The Executive Director of the Commission shall certify this order and 35 Pa.B. 3550 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 48-207 remains valid for the final adoption of the subject regulation.

[Pa.B. Doc. No. 05-2082. Filed for public inspection November 11, 2005, 9:00 a.m.]


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