PROPOSED RULEMAKING

GAME COMMISSION

[ 58 PA. CODE CH. 147 ]

Special Permits; Mentored Youth Hunting Program Permit

[42 Pa.B. 6760]
[Saturday, October 27, 2012]

 To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) proposed at its September 25, 2012, meeting to amend § 147.804 (relating to general) to allow a mentor to transfer a valid Deer Management Assistance Program (DMAP) permit issued to him to an eligible mentored youth upon the harvest of an antlerless deer.

 The proposed rulemaking will not have an 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 September 25, 2012, meeting of the Commission. Comments can be sent, until January 22, 2013, to the Director, Information and Education, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797.

1. Purpose and Authority

 Sporting organizations and other interested groups have continued to express an interest in having the Commission expand mentored youth hunting opportunities within this Commonwealth. These groups are currently supporting an amendment to § 147.804 to permit the transfer of no more than one DMAP permit to a mentored youth hunter per license year. This will not significantly increase antlerless deer harvest and is consistent with the goal of providing additional mentored youth hunting opportunity.

 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 amendment to § 147.804 is proposed under this authority.

2. Regulatory Requirements

 The proposed rulemaking will amend § 147.804 to allow a mentor to transfer a valid DMAP permit issued to him to an eligible mentored youth upon the harvest of an antlerless deer.

3. Persons Affected

 Persons wishing to hunt antlerless deer within this Commonwealth under the Mentored Youth Hunting Program will be affected by the proposed rulemaking.

4. Cost and Paperwork Requirements

 The proposed rulemaking may result in some additional cost and paperwork associated with the effects 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.

5. Effective Date

 The proposed rulemaking will be effective upon final-form 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 R. Palmer, Director, Bureau of Wildlife Protection, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717) 783-6526.

CARL G. ROE, 
Executive Director

 Fiscal Note: 48-349. No fiscal impact; (8) recommends adoption.

Annex A

TITLE 58. RECREATION

PART III. GAME COMMISSION

CHAPTER 147. SPECIAL PERMITS

Subchapter X. MENTORED YOUTH HUNTING PROGRAM PERMIT

§ 147.804. General.

*  *  *  *  *

 (h) Notwithstanding the prohibitions in section 2711(a)(3) and (5) of the act, mentors are authorized to transfer fall turkey tags issued to them to eligible mentored youth. The fall turkey tag shall be valid and in the possession of the mentor at all times while hunting fall turkey. The transfer of the fall turkey tag may not occur until after the mentored youth has harvested the fall turkey, but before tagging the carcass. A mentored youth may not receive by transfer more than one fall turkey tag each license year.

 (i) Notwithstanding the prohibitions in § 147.676(2) and (3) (relating to unlawful acts), mentors are authorized to transfer Deer Management Assistance Program (DMAP) harvest permits issued to them to eligible mentored youth. The DMAP harvest permit must be valid and in the possession of the mentor at all times while hunting antlerless deer. The transfer of the DMAP harvest permit may not occur until after the mentored youth has harvested the antlerless deer, but before tagging the carcass. A mentored youth may not receive by transfer more than one DMAP harvest permit each license year. A mentored youth is ineligible to make direct application for a DMAP harvest permit.

[Pa.B. Doc. No. 12-2099. Filed for public inspection October 26, 2012, 9:00 a.m.]

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