RULES AND REGULATIONS
GAME COMMISSION
[ 58 PA. CODE CHS. 141 AND 147 ]
Hunting and Trapping and Special Permits
[39 Pa.B. 5122]
[Saturday, August 29, 2009]To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) adopted the following rulemaking at its July 9, 2009, meeting:
Amend §§ 141.47 and 147.701 (relating to elk; and general), rescind § 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 final-form rulemaking will have no adverse impact on the wildlife resources of this Commonwealth.
The authority for the final-form rulemaking is 34 Pa.C.S. (relating to Game and Wildlife Code) (code).
Notice of proposed rulemaking was published at 39 Pa.B. 2809 (June 6, 2009).
1. Purpose and Authority
Formerly, §§ 141.47, 141.49 and 147.701 separately provided for the permitting of persons guiding other hunters or trappers in their pursuit of elk and bobcats. The Commission amended §§ 141.47 and 147.701, rescinded § 141.49, and added Subchapter Y, §§ 147.901--147.905 to relocate, consolidate and more clearly define the permitting process for persons interested in guiding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 associated 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 addition of Chapter 147, Subchapter Y were adopted under this authority.
2. Regulatory Requirements
The final-form rulemaking amended §§ 141.47 and 147.701, rescinded § 141.49, and added Subchapter Y, §§ 147.901--147.905 to Chapter 147 to relocate, consolidate and more clearly define the permitting process for persons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 interested in guiding other hunters or trappers for certain designated species 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 any additional cost or paperwork.
6. Effective Date
The final-form rulemaking will be effective upon final 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 R. Palmer, Director, Bureau of Wildlife Protection, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717) 783-6526.
8. Findings
The Commission finds that:
(1) Public notice of intention to adopt the administrative amentments 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 (relating to notice of proposed rulemaking required; and adoption of regulations).
(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.
9. Order
The Commission, acting under authorizing statute, orders that:
(a) The regulations of the Commission, 58 Pa. Code Chapters 141 and 147, are amended by amending §§ 141.47 and 147.701 and deleting § 141.49 to read as set forth at 39 Pa.B. 2809; and by adding §§ 147.901--147.905 to read as set forth in Annex A.
(b) The Executive Director of the Commission shall certify this order, 39 Pa.B. 2809 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 48-288 remains valid for the final adoption of the subject regulations.
Annex A
TITLE 58. RECREATION
PART III. GAME COMMISSION
CHAPTER 147. SPECIAL PERMITS
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 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 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 wildlife by locating, calling or directing another person to the quarry.
(ii) The term is not intended to include or authorize the assistance taking the form of any overt act directly connected with harvesting wildlife by discharging a firearm, bow or crossbow or setting or resetting a trap or cable restraints.
§ 147.903. Application.
(a) Applications for guiding permits issued under this subchapter shall be made through the applicants' local district wildlife conservation officers 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 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 a guiding permit will be $25 for residents and $50 for nonresidents for each respective eligible species of 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 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 pursuant to this subchapter shall authorize its holder to engage in commercial guiding activities on State game lands for an eligible species of wildlife.
(d) Orientation. In any year the Commission establishes an orientation program for an eligible species of 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 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. 09-1606. Filed for public inspection August 28, 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.
