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PA Bulletin, Doc. No. 09-2178

RULES AND REGULATIONS

GAME COMMISSION

[ 58 PA. CODE CH. 143 ]

Hunting and Furtaker Licenses

[39 Pa.B. 6766]
[Saturday, November 28, 2009]

 To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) adopted the following rulemaking at its October 6, 2009, meeting:

 Add § 143.203a (relating to special elk conservation license auction) to Chapter 143 to establish the special elk conservation license auction and license issuance process.

 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. 5152 (August 29, 2009).

1. Purpose and Authority

 On October 9, 2008, House Bill 747 (Act 101 of 2008) was signed into law. This legislation effectively amended section 2706.2 of the code (relating to elk hunting licenses) to authorize the Commission to sell one elk license per year by auction sale through an eligible wildlife conservation organization. Due to the intermediary role the wildlife conservation organization serves in the sale of the license, the Commission determined that the implementation of the voucher procedures under section 2712 of the code (relating to vouchers for licenses and permits) will streamline and simplify the process of transferring the license to the winning bidder of the auction. Under this process, the wildlife conservation organization will issue the winning bidder of the auction a voucher which then may be redeemed from the Commission for the official elk license. To this end, the Commission added § 143.203a to establish the special elk conservation license auction and license issuance process.

 Section 2706.2 of the code provides that ''The commission shall promulgate regulations for the use of the license, remitting funds to the commission and conduct of the auction.'' Section 2712 of the code provides that ''The commission may promulgate regulations to implement this section.'' Section 2722(g) of the code directs the Commission to adopt regulations for the administration, control and performance of license issuing activities. The addition of § 143.203a was adopted under this authority.

2. Regulatory Requirements

 The final-form rulemaking added § 143.203a to establish the special elk conservation license auction and license issuance process.

3. Persons Affected

 Persons wishing to hunt elk within this Commonwealth may be affected by the final-form rulemaking.

4. Comment and Response Summary

 There were no official comments received regarding the final-form rulemaking.

5. Cost and Paperwork Requirements

 The final-form rulemaking may result in some additional cost and paperwork associated with the production and distribution of the special elk conservation license. However, the Commission determined any additional expense associated with this initiative, if it exists, will be nominal and will be absorbed by the current budget.

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.

Findings

 The Commission finds that:

 (1) Public notice of intention to adopt the administrative regulation 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 this regulation 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 adding § 143.203a to read as set forth at 39 Pa.B. 5152.

 (b) The Executive Director of the Commission shall certify this order and 39 Pa.B. 5152 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 Director

 Fiscal Note: Fiscal Note 48-291 remains valid for the final adoption of the subject regulation.

[Pa.B. Doc. No. 09-2178. Filed for public inspection November 25, 2009, 9:00 a.m.]


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