PROPOSED RULEMAKING
[ 58 PA. CODE CH. 147 ]
Special Permits; Mentored Hunting Program Permit To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) proposed at its January 28, 2014, meeting to amend Chapter 147, Subchapter X (relating to Mentored Hunting Program Permit) to create and implement a Mentored Adult Hunting Program in this Commonwealth.
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 January 28, 2014, meeting of the Commission. Comments can be sent until April 4, 2014, to the Director, Information and Education, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797.
1. Purpose and Authority
Since the successful implementation of the Mentored Youth Hunting Program in fall 2006, the Commission has been striving to find a way to apply the successes of this mentor-based program to nonhunting adults in this Commonwealth. The Commission determined that a program could entice increased adult participation in this Commonwealth's great hunting heritage by streamlining their introduction to the sport of hunting. The act of May 15, 2013 (P. L. 26, No. 7) authorizes the Commission to implement a Mentored Hunting Program in this Commonwealth. The Commission is proposing to amend Chapter 147, Subchapter X to create and implement a Mentored Adult Hunting Program. The Mentored Adult Hunting Program will maintain the mentor-based structure of the Mentored Youth Hunting Program, but will have different species allowances, costs and safety features. Adult participants will now be able to apply for and receive a Mentored Adult Hunting Permit through the Pennsylvania Automated License System at any of the Commission's issuing agent locations across this Commonwealth prior to participating in the Mentored Adult Hunting Program. Permit application will require participants to supply the required identification information and pay a fee of $19 for residents and $100 for nonresidents, plus any applicable transactional and issuing agent fees.
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 Chapter 147, Subchapter X are proposed under this authority.
2. Regulatory Requirements
The proposed rulemaking will amend Chapter 147, Subchapter X to create and implement a deer attractant permit to create and implement a Mentored Adult Hunting Program.
3. Persons Affected
Persons of majority age wishing to hunt or take game or wildlife in this Commonwealth may 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 implementation of these changes in 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.
R. MATTHEW HOUGH,
Executive DirectorFiscal Note: 48-362. 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 § 147.801. Purpose and scope.
(a) The purpose of this subchapter is to define and implement the Mentored [Youth] Hunting Program within this Commonwealth and provide for the issuance of hunting permits to eligible [youths] individuals.
(b) The Mentored [Youth] Hunting Program is intended to provide mentors who are dedicated to promoting and sharing this Commonwealth's hunting heritage with [interested youths] others, the opportunity to provide these [younger] unlicensed [youths] individuals with one-on-one, hands-on experience and in-field training on the mechanical, ethical, safety, responsibility and enjoyment aspects of the hunting experience.
§ 147.802. Definitions.
The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise:
* * * * * Mentor—A licensed person, 21 years of age or older who is serving as a guide to a mentored youth or mentored adult while engaged in hunting or related activities.
Mentored adult—An unlicensed person, 18 years of age or older, who is accompanied by a mentor while engaged in hunting or related activities.
Mentored youth—An unlicensed person, under 12 years of age who is accompanied by a mentor while engaged in hunting or related activities.
* * * * * § 147.803. Application.
(a) Form and content. Applications for mentored [youth] hunting permits issued under this subchapter shall be made through the Commission or any of its authorized license-issuing agents on the appropriate form designated by the Commission for this purpose. Each application must include the name, address, telephone number, date of birth [and], Social Security number of the applicant and any other information required by the Commission.
(b) Eligibility.
(1) Mentored youth hunting permits are available to youth applicants under 12 years of age. Mentored youth hunting permits are available to eligible youth applicants until they reach 12 years of age, after which a junior hunting license is required.
(2) Mentored adult hunting permits are available to adult applicants 18 years of age or older who have never held a prior hunting license within this Commonwealth or another state or nation. Mentored adult hunting permits are available to eligible adult applicants for a total of 3 consecutive, unbroken license years, after which an applicable adult hunting license is required.
[(b)] (c) Minors. Applications may be submitted on behalf of an eligible mentored youth upon presentation of a written request executed by a parent or legally constituted guardian.
[(c)] (d) Fee.
(1) The fee for a mentored youth hunting permit will be $1, plus any applicable transactional and issuing agent fees.
(2) The fee for a mentored adult hunting permit will be:
(i) For residents, $19, plus any applicable transactional and issuing agent fees.
(ii) For nonresidents, $100, plus any applicable transactional and issuing agent fees.
§ 147.804. General.
(a) License required. A mentor shall possess a valid Pennsylvania hunting license or qualify for license and fee exemptions under section 2706 of the act (relating to resident license and fee exemptions) prior to engaging in any mentored [youth] hunting activities.
(b) Permit required. A mentored youth or mentored adult shall possess a valid applicable mentored [youth] hunting permit prior to engaging in any mentored [youth] hunting activities.
(c) Species limitation.
(1) A mentored youth's hunting eligibility is restricted to the following species: squirrel, woodchuck, coyote, deer and wild turkey.
(2) A mentored adult's hunting eligibility is restricted to the following species: squirrel, ruffed grouse, rabbit, pheasant, bobwhite quail, hares, porcupine, woodchuck, crow, coyote, antlerless deer and wild turkey.
(d) Seasons and bag limits. A mentored youth's and mentored adult's hunting eligibility is further constrained by applicable hunting seasons, daily limits, field possession limits and season limits provided in § 139.4 (relating to seasons and bag limits for the license year).
(e) Applicability of junior seasons and antler restrictions. A mentored youth is eligible to hunt during any special youth hunting seasons that apply to any species specified in subsection (c) and are subject to the same antler restrictions that apply to junior license holders in § 131.2 (relating to definitions).
(f) [A mentored youth] Tagging requirements. Mentored youth and mentored adults shall tag and report all big game harvested in the manner provided in section 2323 of the act (relating to tagging and reporting big game kills).
(g) Transfer of an antlerless license. Notwithstanding the prohibitions in section 2711(3) and (5) of the act (relating to unlawful acts concerning licenses), mentors are authorized to transfer [an] antlerless licenses issued to them to an eligible mentored youth or mentored adult. The antlerless license shall be valid and in the possession of the mentor at all times while hunting antlerless deer. The transfer of the antlerless license may not occur until after the mentored youth or mentored adult has harvested the antlerless deer, but before tagging the carcass. A mentored youth or mentored adult may receive by transfer no more than one antlerless deer license each license year. [A mentored youth is] Mentored youth and mentored adults are ineligible to make direct application for an antlerless license.
(h) Transfer of a fall turkey tag. 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 an eligible mentored youth or mentored adult. 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 or mentored adult has harvested the fall turkey, but before tagging the carcass. A mentored youth or mentored adult may not receive by transfer more than one fall turkey tag each license year.
(i) Transfer of a Deer Management Assistance Program harvest permit. 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 an eligible mentored youth or mentored adult. The DMAP harvest permit must be valid and in the possession of the mentor at all times while hunting [anterless] antlerless deer. The transfer of the DMAP harvest permit may not occur until after the mentored youth or mentored adult has harvested the [anterless] antlerless deer, but before tagging the carcass. A mentored youth or mentored adult may not receive by transfer more than one DMAP harvest permit each license year. [A mentored youth is] Mentored youth and mentored adults are ineligible to make direct application for a DMAP harvest permit.
§ 147.805. Safety.
While engaged in mentored [youth] hunting activities:
(1) A mentored youth shall be stationary, within arms reach and subject to the immediate control of the mentor at all times while in possession of any lawful hunting device. This limitation may not be construed to apply to mentored adults. Mentored adults shall be accompanied by the mentor within eyesight and in close proximity so that verbal instruction and guidance can easily be understood without the aid of electronic communication devices or sound amplification devices.
(2) A mentor may not accompany more than one mentored youth[, including junior hunters,] or mentored adult at any given time. A mentor may not accompany a junior hunter in addition to accompanying a mentored youth or mentored adult.
(3) A mentor and mentored youth may not collectively possess more than one lawful hunting device at any given time. This limitation may not be construed to apply to mentors and mentored adults participating in the mentored adult hunting program.
(4) A mentor and mentored youth or mentored adult shall [both] each comply with section 2524 of the act (relating to protective material required) and with any regulations promulgated by the Commission relating to protective material.
§ 147.806. Liability.
A mentor is responsible and accountable for all actions of the mentored youth or mentored adult occurring while engaged in mentored [youth] hunting activities. A mentor who causes or allows a mentored youth or mentored adult to engage in an unlawful act shall be punishable as the principal offender as provided in section 924 of the act (relating to liability for actions of others).
§ 147.807. Violations.
It is unlawful for a mentor [or], mentored youth or mentored adult to fail to comply with any of the requirements, standards or limitations of this subchapter. A person violating this subchapter shall, upon conviction, be sentenced to pay the fine prescribed in the act. The Director may additionally deny, revoke or suspend any permit for any violation of this subchapter upon written notice to the permittee.
[Pa.B. Doc. No. 14-522. Filed for public inspection March 14, 2014, 9:00 a.m.]
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