PROPOSED RULEMAKING

[ 58 PA. CODE CH. 143 ]

Hunting and Furtaking Licenses

[37 Pa.B. 6750]
[Saturday, December 22, 2007]

   To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its October 2, 2007, meeting, proposed to amend § 143.52 (relating to procedure for unlimited antlerless licenses) to change the over-the-counter sales date from the third Monday in September to the second Monday in September to permit county treasurers to begin accepting and processing antlerless deer applications prior to the opening day of the new archery season in Wildlife Management Units (WMUs) 2B, 5C and 5D.

   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 October 2, 2007, meeting of the Commission. Comments can be sent to the Director, Information and Education, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, until January 25, 2008.

1.  Purpose and Authority

   Currently, § 143.52 permits county treasurers who issue antlerless deer licenses for WMUs 2B, 5C and 5D to begin accepting applications over-the-counter on the third Monday in September. This date fell on September 17, 2007, this year, which happened to be 2 days after the new opening date for archery deer season within those same WMUs. The relationship of these dates unintentionally precluded some hunters wishing to hunt antlerless deer in WMUs 2B, 5C and 5D from being able to purchase the necessary antlerless deer licenses over-the-counter at county treasurers' offices. In an effort to prevent this unintended result from occurring next year, the Commission is proposing to change the over-the-counter sales date from the third Monday in September to the second Monday in September to permit county treasurers to begin accepting and processing antlerless deer applications prior to the opening day of the new archery season in WMUs 2B, 5C and 5D.

   Section 2722(g) of the code 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 to § 143.52 was proposed under this authority.

2.  Regulatory Requirements

   The proposed rulemaking will amend § 143.52 to change the over-the-counter sales date from the third Monday in September to the second Monday in September to permit county treasurers to begin accepting and processing antlerless deer applications prior to the opening day of the new archery season in WMU's 2B, 5C and 5D.

3.  Persons Affected

   Certain county treasurers and persons wishing to hunt antlerless deer during the early days of the archery season in WMU's 2B, 5C and 5D may 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 Richard R. Palmer, Director, Bureau of Wildlife Protection, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717) 783-6526.

CARL G. ROE,   
Executive Director

   Fiscal Note:  48-261. No fiscal impact; (8) recommends adoption.

Annex A

TITLE 58. RECREATION

PART III. GAME COMMISSION

CHAPTER 143. HUNTING AND FURTAKER LICENSES

Subchapter C. ANTLERLESS DEER LICENSES

§ 143.52. Procedure for unlimited antlerless licenses.

*      *      *      *      *

   (c)  Beginning on the [third] second Monday in September, county treasurers within the designated wildlife management units shall accept antlerless applications over the counter from residents and nonresidents of this Commonwealth and may immediately issue licenses to applicants.

[Pa.B. Doc. No. 07-2352. Filed for public inspection December 21, 2007, 9:00 a.m.]

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