PROPOSED RULEMAKING
GAME COMMISSION
[ 58 PA. CODE CH. 143 ]
Hunting and Furtaker Licenses; Hunter Education Training
[44 Pa.B. 7071]
[Saturday, November 8, 2014]To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its September 23, 2014, meeting proposed to amend § 143.12 (relating to hunter education training) to authorize the Commission to develop and implement an online hunter-trapper education course of study and assess vendor fees that may be incurred through the course of instruction and certification.
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 23, 2014, meeting of the Commission. Comments can be sent, until January 23, 2015, to the Director, Bureau of Information and Education, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797.
1. Purpose and Authority
Hunter education delivery methods continue to evolve across the United States. The use of independent study is one delivery method which has been in use for nearly a decade in this Commonwealth. A student studies the majority of the course on his own then attends an abbreviated 2-hour class to meet the local Wildlife Conservation Officer, who leads a lesson on hunting laws and regulations. At the conclusion of this lesson, the student completes the certification exam and receives a training certificate.
Recently, online training programs have been developed to not only provide the training component, but also enable online testing and certification of students as well. Upon successful completion of the course of study, a student can print a certificate of training and purchase a hunting license. This capability continues to improve customer service and convenience. Additionally, it removes potential barriers for students who are unable to attend a traditional, instructor-led class or one of the Commission's independent study classes. It provides another tool for the Commission to reach a large audience of people interested in learning to hunt or trap.
Vendors who develop and manage online hunter education training and certification courses typically charge a user fee to recover the ongoing development and maintenance costs of the program. The proposed amendment to § 143.12 enables the Commission to offer a completely online hunter-trapper education training and certification course while providing for a convenience fee to be paid by those students who choose this option. The Commission will continue to offer nearly 1,000 instructor-led hunter-trapper education classes each year. These classes will continue to meet the legislative mandate for hunter-trapper education instruction to be free of charge.
Section 2102(a) of the code (relating to regulations) provides that ''[t]he 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 § 143.12 are proposed under this authority.
2. Regulatory Requirements
The proposed rulemaking will amend § 143.12 to authorize the Commission to develop and implement an online hunter-trapper education course of study and assess vendor fees that may be incurred through the course of instruction and certification.
3. Persons Affected
Persons seeking hunter-trapper education within this Commonwealth may be affected by the proposed rulemaking.
4. Cost and Paperwork Requirements
The proposed rulemaking will not result in additional cost or paperwork.
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 Thomas P. Grohol, Director, Bureau of Wildlife Protection, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717) 783-6526.
R. MATTHEW HOUGH,
Executive DirectorFiscal Note: 48-369. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 58. RECREATION
PART III. GAME COMMISSION
CHAPTER 143. HUNTING AND FURTAKER LICENSES
Subchapter A. GENERAL § 143.12. Hunter education training.
(a) Course registration fees. Upon application for enrollment in each fee-based hunter education course, a student shall remit the associated, nonrefundable course registration fee in the form of cash, credit card, check or money order. Checks or money orders must be made payable to the ''Pennsylvania Game Commission.''
(b) Online hunter-trapper education independent study. The Commission may develop and implement an online hunter-trapper education course of study as a convenience to license buyers seeking first-time or supplemental training and certification. The Director will establish the course of instruction and assess vendor fees that may be incurred through this course of instruction and certification.
[(b)] (c) Training certificate. The Commission will issue an appropriate certificate of training to each student who successfully completes an approved hunter education course. The Commission will issue a replacement hunter education training certificate to a person who provides sufficient affirmation or evidence of successful completion of that course of instruction. A certificate replacement fee shall be remitted by any person requesting a replacement hunter education training certificate.
[(c)] (d) Waiver. The Director may waive any course registration fee required by this section when the waiver is determined to be consistent with the Commission's hunter education training program or the intent of the act.
[(d)] (e) Establishment of fees. The Director will establish the value of a course registration fee or certificate replacement fee required under this section.
[Pa.B. Doc. No. 14-2312. Filed for public inspection November 7, 2014, 9:00 a.m.]
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