RULES AND REGULATIONS
GAME COMMISSION
[58 PA. CODE CH. 143]
Hunting and Furtaker Licenses; Agents
[44 Pa.B. 1430]
[Saturday, March 15, 2014]To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its January 28, 2014, meeting amended Chapter 143, Subchapter B (relating to appointment of agents) to eliminate the late fees for late agent applications and also to make housekeeping amendments to related text.
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 43 Pa.B. 4741 (August 17, 2013).
1. Purpose and Authority
Section 143.29 formerly required applicants who submitted their agent applications from April 1 through October 31 to pay a $100 late fee. In the past, timely agent applications were needed to create agent accounts and expedite shipment of pre-printed paper license materials before the start of the new licensing year. Since the implementation of the automated license system, the time constraints that previously necessitated timely applications no longer apply. The Commission has determined that the late fee is no longer necessary. The Commission amends Chapter 143, Subchapter B to eliminate the late fees for late agent applications and also to make housekeeping amendments to related text.
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. 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 Chapter 143, Subchapter B are adopted under this authority.
2. Regulatory Requirements
The final-form rulemaking amends Chapter 143, Subchapter B to eliminate the late fees for late agent applications and also to make housekeeping amendments to related text.
3. Persons Affected
Persons wishing to make application to become a hunting/furtaking license issuing agent 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 the appearance of a nominal increase in additional cost and paperwork due to the loss of the late application fees. However, the loss of the late application fees has previously been offset by programmatic savings achieved by the efficiencies of the Commission's automated licensing system. To the extent there was any increase in cost in paperwork, an increase would be nominal and would be absorbed by the Commission's current budget or staffing, or both.
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 amendments 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 amendments 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 deleting § 143.29 and amending §§ 143.22—143.25 and 148.28 to read as set forth in Annex A.
(Editor's Note: Amendments to § 143.27 included in the proposed rulemaking have been withdrawn by the Commission.)
(b) The Executive Director of the Commission shall certify this order and Annex A 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.
R. MATTHEW HOUGH,
Executive DirectorFiscal Note: Fiscal Note 48-355 remains valid for the final adoption of the subject regulations.
Annex A
TITLE 58. RECREATION
PART III. GAME COMMISSION
CHAPTER 143. HUNTING AND FURTAKER LICENSES
Subchapter B. APPOINTMENT OF AGENTS § 143.22. Rebate for first year agents.
(a) An agent shall be entitled to a rebate based upon his first license year only sales as follows:
(1) Rebate $100 if 250 licenses are sold.
(2) Rebate $200 if 500 licenses are sold.
(3) Rebate $300 if 750 licenses are sold.
(4) Rebate $400 if 1,000 licenses are sold.
(b) A rebate will not be given after the first license year of sales.
§ 143.23. Minimum sales requirement.
To continue as an agent, a minimum of 50 hunting licenses shall be sold each license year. Qualifying licenses, for the purpose of calculating 50 hunting licenses, will be the regular resident, nonresident hunting and furtakers licenses. Archery, muzzleloader, bear, special wild turkey, migratory game bird and replacement licenses are not included as qualifying licenses. In addition, an agent shall continue to meet the requirements in § 143.27 (relating to conditions for appointment).
§ 143.24. Fee for reapplication.
If an agent sells less than the required 50 qualifying licenses in a given license year, and is removed by the Commission, or if an agent voluntarily withdraws, a subsequent reapplication requires payment of the application fee.
§ 143.25. Rebate restrictions.
A rebate will not be granted if the agent is delinquent in remitting moneys as required.
§ 143.28. Application period.
(a) A person requesting appointment as an agent shall submit the appropriate completed application form to the Commission in Harrisburg during the period November 1 through March 31 of the following year to be eligible for appointment as an issuing agent for the license year beginning the following July 1.
(b) An application received outside of the application period is not guaranteed to be processed by the Commission before the start of the license year beginning July 1.
§ 143.29. (Reserved).
[Pa.B. Doc. No. 14-513. Filed for public inspection March 14, 2014, 9:00 a.m.]
No part of the information on this site may be reproduced for profit or sold for profit.This material has been drawn directly from the official Pennsylvania Bulletin full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.
