RULES AND REGULATIONS
GAME COMMISSION
[ 58 PA. CODE CH. 147 ]
Special Permits; Mentored Youth Hunting Program Permit
[42 Pa.B. 3594]
[Saturday, June 23, 2012]To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) at its April 24, 2012, meeting amended § 147.804 (relating to general) to allow a mentor to transfer a valid fall turkey license issued to him to an eligible mentored youth upon the harvest of a fall turkey.
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 42 Pa.B. 1244 (March 10, 2012).
1. Purpose and Authority
The National Wild Turkey Federation and others have continued to express an interest in having the Commission expand mentored youth turkey hunting opportunities to include fall turkeys. Commission staff has expressed conditional support as long as fall turkey harvest would not increase. With the advent of mentored youth license exemption language in the code, the Board has the ability to amend its regulations to allow for the transfer of a mentor fall turkey tag by amending § 147.804(c) and adding § 147.804(h). This action will not significantly increase the fall harvest or negatively impact the ongoing fall hen harvest rate and survival study and is consistent with the goal of providing additional mentored youth hunting opportunity as identified in the Wild Turkey Management Plan for this Commonwealth. The Commission amended § 147.804 to allow a mentor to transfer a valid fall turkey license issued to him to an eligible mentored youth upon the harvest of a fall turkey.
Section 2711(a.1) of the code (relating to unlawful acts concerning licenses) states that ''For the sole purpose of implementing and enhancing a mentored youth hunting program within this Commonwealth, the commission may establish regulations exempting certain limited youth hunting activities from the prohibitions specified in subsection (a)(1), (3), (5) and (8).'' 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 § 147.804 are adopted under this authority.
2. Regulatory Requirements
The final-form rulemaking amends § 147.804 by allowing a mentor to transfer a valid fall turkey license issued to him to an eligible mentored youth upon the harvest of a fall turkey.
3. Persons Affected
Persons wishing to hunt wild turkey within this Commonwealth under the Mentored Youth Hunting Program will be affected by the final-form rulemaking.
4. Comment and Response Summary
The Commission received a total of two official comments regarding the final-form rulemaking. One comment supported the final-form rulemaking while the other opposed it.
5. Cost and Paperwork Requirements
The final-form rulemaking may result in some additional cost and paperwork associated with the affects transferring tags will have on the Pennsylvania Automated License System. However, the Commission has determined that if there is additional expense associated with this effort, it will not be substantial and would be absorbed by the current budget.
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 147, are amended by amending § 147.804 to read as set forth at 42 Pa.B. 1244.
(b) The Executive Director of the Commission shall certify this order and 42 Pa.B. 1244 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 48-366 remains valid for the final adoption of the subject regulation.
[Pa.B. Doc. No. 12-1160. Filed for public inspection June 22, 2012, 9:00 a.m.]
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