PROPOSED RULEMAKING
GAME COMMISSION
[ 58 PA. CODE CHS. 141 AND 147 ]
Hunting and Trapping and Special Permits
[39 Pa.B. 2809]
[Saturday, June 6, 2009]To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) proposed the following rulemaking at its April 21, 2009, meeting:
Amend §§ 141.47 and 147.701 (relating to elk; and general), remove § 141.49 (relating to elk guide permits) and add Chapter 147, Subchapter Y (relating to guiding permit) to relocate, consolidate and more clearly define the permitting process for persons interested in guiding other hunters or trappers for certain designated species.
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 April 21, 2009, meeting of the Commission. Comments can be sent to the Director, Information and Education, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, until July 3, 2009.
1. Purpose and Authority
Currently, §§ 141.47, 141.49 and 147.701 separately provide for the permitting of persons guiding other hunters or trappers in their pursuit of elk and bobcats. The Commission is proposing to amend §§ 141.47 and 147.701, remove § 141.49, and add Subchapter Y, §§ 147.901--147.905, to Chapter 147 to relocate, consolidate and more clearly define the permitting process for persons interested in guiding other hunters or trappers for certain designated species. Some notable changes will be increases in the permit fees as well as more stringent eligibility standards.
Section 2901(b) of the code (relating to authority to issue permits) provides ''the commission may, as deemed necessary to properly manage the game or wildlife resources, promulgate regulations for the issuance of any permit and promulgate regulations to control the activities which may be performed under authority of any permit issued.'' The amendments to §§ 141.47, 141.49, 147.701 and Chapter 147, Subchapter Y were proposed under this authority.
2. Regulatory Requirements
The proposed rulemaking will amend §§ 141.47 and 147.701, remove § 141.49, and add Subchapter Y, §§ 147.901--147.905, to Chapter 147 to relocate, consolidate and more clearly define the permitting process for persons interested in guiding other hunters or trappers for certain designated species.
3. Persons Affected
Persons unlawfully interested in guiding other hunters or trappers for certain designated species will be affected by the proposed rulemaking.
4. Cost and Paperwork Requirements
The proposed rulemaking should not result in any additional cost or paperwork.
5. Effective Date
The proposed rulemaking will be effective upon final 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: 48-288. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 58. RECREATION
PART III. GAME COMMISSION
CHAPTER 141. HUNTING AND TRAPPING
Subchapter C. BIG GAME § 141.47. Elk.
* * * * * (b) Prohibitions. While hunting elk during the elk season, it is unlawful to:
* * * * * (4) [Act or conspire to act as a guide for any person without first securing a permit from the Commission and attending an orientation program sponsored by the Commission.
(5) Act or conspire to act as a client for any guide who has not secured a permit from the Commission and attended an orientation program sponsored by the Commission.
(6)] Drive or herd elk.
[(7)] (5) * * *
[(8)] (6) * * *
§ 141.49. [Elk guide permits] (Reserved).
[The fee for elk guide permits shall be:
(1) Resident--$10.
(2) Nonresident--$25.]
CHAPTER 147. SPECIAL PERMITS
Subchapter S. BOBCAT HUNTING-TRAPPING PERMIT § 147.701. General.
This section provides for permits to be issued for the hunting and trapping of bobcat during the season established and in areas designated under § 139.4 (relating to seasons and bag limits for the license year).
* * * * * [(9) A bobcat guide permit will be issued as follows:
(i) A person who assists another person to hunt or take bobcats in any manner shall first secure a bobcat guide permit from the Commission.
(ii) The fee for a bobcat guide permit is $10 for residents and $25 for nonresidents.]
(Editor's Note: The following text is new and has been printed in regular print to enhance readability.)
Subchapter Y. GUIDING PERMIT Sec.
147.901. Purpose and scope. 147.902. Definitions. 147.903. Application. 147.904. Permit. 147.905. Violations. § 147.901. Purpose and scope.
The purpose of this subchapter is to provide for the issuance of guiding permits to authorize eligible applicants to serve as guides for persons hunting, trapping or otherwise taking certain designated species of game or wildlife.
§ 147.902. Definitions.
The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise:
Guide--A person who assists another person in any manner to hunt, trap or otherwise take certain designated species of game or wildlife.
Guiding--
(i) The act of assisting or conspiring to assist another person in any manner to hunt, trap or otherwise take certain designated species of game or wildlife by locating, calling or directing another person to the quarry.
(ii) The term is not intended to include or authorize assistance taking the form of any overt act directly connected with harvesting game or wildlife by discharging a firearm, bow or crossbow or setting or resetting a trap or snare.
§ 147.903. Application.
(a) Applications for guiding permits issued under this subchapter shall be made through the applicant's local district wildlife conservation officer on the appropriate form provided by the Commission.
(b) Each application must include the name, address, telephone number and date of birth of the applicant, as well as the specific eligible species of game or wildlife sought to be covered by the permit.
(c) Applications for guiding permits will only be accepted from persons who possess a valid hunting license or qualify for license and fee exemptions under section 2706 of the act (relating to license and fee exemptions) and have no prior record of violations of the act or this title or related license revocations within the previous 10 years.
(d) The fee for guiding permits will be $25 for residents and $50 for nonresidents for each respective eligible species of game or wildlife to be covered by the permit.
§ 147.904. Permit.
(a) General rule. A guiding permit issued under this subchapter is required for any person to engage in any guiding activities for the following designated species of game or wildlife: elk and bobcat.
(b) Additional permits. Possession of a guiding permit issued under this subchapter does not diminish an individual's obligation to obtain any other applicable Federal, State or local permits concerning the guiding activities.
(c) Guiding on State game lands. Notwithstanding the general prohibitions of § 135.41 (relating to state game lands), a guiding permit issued under this subchapter will authorize its holder to engage in commercial guiding activities on State game lands for an eligible species of game or wildlife.
(d) Orientation. In any year the Commission establishes an orientation program for an eligible species of game or wildlife, the continuing validity of any guiding permit issued under this subchapter covering the eligible species is premised upon the permit holder's completion of the orientation program prior to engaging in any guiding activities for the eligible species of game or wildlife.
§ 147.905. Violations.
The Director may deny, revoke or suspend any permit for any violation of this subchapter upon written notice to the permittee.
[Pa.B. Doc. No. 09-1024. Filed for public inspection June 5, 2009, 9:00 a.m.]
No part of the information on this site may be reproduced for profit or sold for profit.This material has been drawn directly from the official Pennsylvania Bulletin full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.
