RULES AND REGULATIONS
Title 58--RECREATION
GAME COMMISSION
[ 58 PA. CODE CH. 143 ]
Hunting and Furtaker Licenses
[38 Pa.B. 6927]
[Saturday, December 20, 2008]To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its October 24, 2008, meeting, adopted the following rulemaking:
Amend § 143.243 (relating to general) to expand the list of species that mentored youth are eligible to pursue to include coyotes.
The final-form regulation will have no adverse impact on the wildlife resources of this Commonwealth.
The authority for the final-form regulation is 34 Pa.C.S. (relating to Game and Wildlife Code) (code).
Notice of proposed rulemaking was published at 38 Pa.B. 4520 (August 16, 2008).
1. Purpose and Authority
Since the successful implementation of the Mentored Youth Hunting Program in the fall of 2006, the Commission has been seeking input from sportsmen and sporting organizations on ways to improve this innovative new program. Towards this end, two organizations, the Governor's Youth Council for Hunting, Fishing and Conservation and the PA Fox and Coyote Hunters Association, have organized to recommend that the program could be improved with the addition of coyotes to the list of species that may be lawfully pursued by mentored youth. In its continuing interest to find new opportunities to expose youth to this State's wildlife resources and enduring hunting heritage, the Commission amended § 143.243 by expanding the list of species that mentored youth are eligible to pursue to include coyotes. On October 24, 2008, the Commission made a floor amendment to its June 24, 2008 proposal to strike its proposed replacement of the word ''eligibility'' with the word ''ability,'' thus maintaining the original language.
Section 2722(g)(2) of the code (relating to authorized license-issuing agents) provides that the Commission shall adopt regulations for ''The administration, control and performance of activities conducted pursuant to the provisions of this chapter.'' 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 § 143.243 were adopted under this authority.
2. Regulatory Requirements
The final-form regulation will amend § 143.243 to expand the list of species that mentored youth are eligible to pursue to include coyotes.
3. Persons Affected
Mentored Youth wishing to hunt or trap within this Commonwealth may be affected by the final-form regulation.
4. Comment and Response Summary
There were no official written comments received regarding this final-form regulation.
5. Cost and Paperwork Requirements
The final-form regulation should not result in any additional cost or paperwork.
6. Effective Date
The final-form regulation will be effective upon final-form 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 Richard A. Palmer, Director, Bureau of Wildlife Protection, 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 these 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 amending § 143.243 to read as set forth in Annex A.
(b) The Executive Director of the Commission shall certify this order, and Annex A 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.
CARL G. ROE,
Executive DirectorFiscal Note: Fiscal Note 48-273 remains valid to the final adoption of the subject regulation.
Annex A
TITLE 58. RECREATION
PART III. GAME COMMISSION
CHAPTER 143. HUNTING AND FURTAKER LICENSES
Subchapter M. MENTORED YOUTH HUNTING PROGRAM LICENSE EXEMPTION § 143.243. General.
(a) A mentor shall possess a valid Pennsylvania hunting license or qualify for license and fee exemptions under section 2706 of the act (relating to resident license and fee exemptions) prior to engaging in any mentored youth hunting activities.
(b) A mentored youth's hunting eligibility is restricted to the following species: squirrel, woodchuck, coyote, deer and wild turkey. A mentored youth's hunting eligibility is further limited to:
(1) Spring gobbler season only for turkey.
(2) Antlered deer only during any applicable deer seasons. However, mentored youth hunters shall be eligible for the same antler restrictions that apply to junior license holders as provided in § 131.2 (relating to definitions).
(c) A mentored youth's hunting eligibility is further constrained by all applicable hunting seasons, daily limits, field possession limits and season limits provided in § 139.4 (relating to seasons and bag limits for the license year).
(d) A mentored youth is eligible to hunt during any special youth hunting seasons that apply to any species specified in subsection (b).
(e) A mentored youth shall tag and report all big game harvested in the manner provided for in section 2323(b) of the act (relating to killings by persons without license).
[Pa.B. Doc. No. 08-2288. Filed for public inspection December 19, 2008, 9:00 a.m.]
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