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PA Bulletin, Doc. No. 11-880

RULES AND REGULATIONS

GAME COMMISSION

[ 58 PA. CODE CH. 143 ]

Hunting and Furtaker Licenses; Bear Licenses

[41 Pa.B. 2700]
[Saturday, May 28, 2011]

 To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) at its April 12, 2011, meeting, amended § 143.67 (relating to application) to grant the Director the authority to establish the application deadlines for bear licenses at periods as the Director determines.

 The final-form rulemaking will not have an 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 41 Pa.B. 1625 (March 26, 2011).

1. Purpose and Authority

 Prior to 2005, a hunter could purchase a bear license at the time he purchased a license or at any time up to the close of the established bear seasons. Certain individuals took advantage of this expansive purchasing period by harvesting bears during the concurrent regular firearms bear and deer seasons without the required bear license. It was only after these individuals successfully harvested a bear that they would then purchase a bear license to generate the appearance that they had lawfully harvested the bear. On April 26, 2005, the Commission amended § 143.67 to establish an earlier deadline for purchasing bear licenses, specifically prior to the opening of regular firearms deer season. See 35 Pa.B 3934 (July 16, 2005). While this earlier deadline proved to remedy a portion of the problem, the Commission has since observed evidence that this same unscrupulous practice is being utilized by hunters to abuse the bear license requirement during the regular firearms bear season. The Commission amends § 143.67 to grant the Director the authority to establish the application deadlines for bear licenses at earlier periods as the Director determines in a further effort to curb these fraudulent license purchases.

 Section 2722(g) of the code (relating to authorized license-issuing agents) directs the Commission to adopt regulations for the administration, control and performance of license issuing activities. The amendments to § 143.67 are adopted under this authority.

2. Regulatory Requirements

 The final-form rulemaking amends § 143.67 to grant the Director the authority to establish the application deadlines for bear licenses at periods as the Director determines.

3. Persons Affected

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

4. Comment and Response Summary

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

5. Cost and Paperwork Requirements

 The final-form rulemaking should not result in additional cost or paperwork.

6. Effective Date

 The final-form rulemaking will be effective upon 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 amendment 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 the amendment 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 § 143.67 to read as set forth at 41 Pa.B. 1625.

 (b) The Executive Director of the Commission shall certify this order and 41 Pa.B. 1625 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 48-328 remains valid for the final adoption of the subject regulation.

[Pa.B. Doc. No. 11-880. Filed for public inspection May 27, 2011, 9:00 a.m.]


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