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PA Bulletin, Doc. No. 15-1969

RULES AND REGULATIONS

GAME COMMISSION

[ 58 PA. CODE CHS. 143 AND 147 ]

Hunting and Furtaker Licenses; Special Permits

[45 Pa.B. 6503]
[Saturday, November 7, 2015]

 To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its September 29, 2015, meeting, amended §§ 143.182, 143.185 and 147.804 (relating to definitions; the license; and general) to add cottontail rabbit and mourning dove to the list of species that mentored youth are eligible to hunt and also require that mentored youth obtain a Migratory Game Bird License prior to hunting mourning dove.

 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 45 Pa.B. 4919 (August 22, 2015).

1. Purpose and Authority

 Since the successful implementation of the Mentored Youth Hunting Program in fall 2006, the Commission has been striving to improve upon the successes of this mentor-based program. Sporting organizations and other interested groups have continued to encourage the Commission to expand mentored youth hunting opportunities in this Commonwealth to additional species, including the cottontail rabbit and mourning dove. Importantly, the mourning dove is defined as a migratory bird species and requires the acquisition of a Migratory Game Bird License to facilitate the Harvest Information Program (HIP). HIP is a cooperative state and Federal program designed to improve the information collected regarding the harvest of migratory game birds. The Commission amends §§ 143.182, 143.185 and 147.804 to add cottontail rabbit and mourning dove to the list of species that mentored youth are eligible to hunt and also require that mentored youth obtain a Migratory Game Bird License prior to hunting mourning dove.

 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 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 §§ 143.182, 143.185 and 147.804 are adopted under this authority.

2. Regulatory Requirements

 The final-form rulemaking amends §§ 143.182, 143.185 and 147.804 to add cottontail rabbit and mourning dove to the list of species that mentored youth are eligible to hunt and also require that mentored youth obtain a Migratory Game Bird License prior to hunting mourning dove.

3. Persons Affected

 Persons wishing to hunt cottontail rabbit and mourning dove under the Mentored Youth Hunting Program will be affected by the final-form rulemaking.

4. Comment and Response Summary

 The Commission received one official comments in general opposition to the final-form rulemaking.

5. Cost and Paperwork Requirements

 The final-form rulemaking should not result in additional cost or paperwork.

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 Thomas P. Grohol, 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 the authorizing statute, orders that:

 (a) The regulations of the Commission, 58 Pa. Code Chapters 143 and 147, are amended by amending §§ 143.182, 143.185 and 147.804 to read as set forth at 45 Pa.B. 4919.

 (b) The Executive Director of the Commission shall certify this order and 45 Pa.B. 4919 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 Director

 Fiscal Note: Fiscal Note 48-387 remains valid for the final adoption of the subject regulations.

[Pa.B. Doc. No. 15-1969. Filed for public inspection November 6, 2015, 9:00 a.m.]


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