PROPOSED RULEMAKING
[58 PA. CODE CHS. 141 AND 143]
Hunting and Trapping and Hunting and Furtaker Licenses
[38 Pa.B. 1482]
[Saturday, March 29, 2008]To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its January 29, 2008, meeting, proposed to amend §§ 141.48, 143.203 and 143.206 (relating to elk hunt zones; drawing; and validity of license) to redesignate ''elk management areas/units'' as ''elk hunt zones.''
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 January 29, 2008, meeting of the Commission. Comments can be sent until April 18, 2008, to the Director, Information and Education, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797.
1. Purpose and Authority
The Commission recently redesignated all the ''elk management areas/units'' found within this Commonwealth's North central region as ''elk hunt zones.'' This redesignation is reflected in the Commission's elk management plan as well as the Hunting & Trapping Digest, however, this change is not properly reflected in current regulations. Therefore, in an effort to correct this lack of consistency, the Commission is proposing to amend §§ 141.48, 143.206 and 143.207 by redesignating ''elk management areas/units'' as ''elk hunt zones.''
Section 322(c)(4) of the code (relating to powers and duties of the commission) authorizes the Commission to ''define geographic limitations or restrictions.'' 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 amendments to §§ 141.48, 143.206 and 143.207 were proposed under this authority.
2. Regulatory Requirements
The proposed rulemaking will amend §§ 141.48, 143.206 and 143.207 to redesignate ''elk management areas/units'' as ''elk hunt zones.''
3. Persons Affected
Persons wishing to hunt elk within this Commonwealth will 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 A. Palmer, Director, Bureau of Wildlife Protection, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717) 783-6526.
CARL G. ROE,
Executive DirectorFiscal Note: 48-264. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 58. RECREATION
PART III. GAME COMMISSION
CHAPTER 141. HUNTING AND TRAPPING
Subchapter C. BIG GAME § 141.48. Elk [management units] hunt zones.
(a) The divisional line between two or more elk [management units] hunt zones shall be the center of the highway, natural water course [or], other natural boundary or marked boundary.
(b) The elk [management units shall] hunt zones will be established by the Director prior to the opening of elk season.
CHAPTER 143. HUNTING AND FURTAKER LICENSES
Subchapter K. ELK LICENSES § 143.203. Drawing.
* * * * * (d) Qualified applicants and alternates drawn for an elk license shall be required to obtain a regular hunting license and complete an orientation program as prescribed by the Director. [Persons who are eligible for license and fee exemptions and meet the requirements in section 2706 of the act (relating to resident license and fee exemptions) are not required to purchase a regular hunting license.]
* * * * * § 143.206. Validity of license.
An elk license is valid for taking elk only in the elk [management area] hunt zones designated on the elk license and is valid for an antlerless [or], antlered or either sex elk as designated on the elk license.
§ 143.207. Unlawful acts.
It is unlawful for a person to:
* * * * * (3) Hunt for elk in an elk [management area] hunt zone other than the elk [management area] hunt zone designated on the elk license.
* * * * *
[Pa.B. Doc. No. 08-575. Filed for public inspection March 28, 2008, 9:00 a.m.]
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