PROPOSED RULEMAKING
GAME COMMISSION
[ 58 PA. CODE CH. 141 ]
Hunting and Trapping; Big Game
[46 Pa.B. 1552]
[Saturday, March 26, 2016]To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) proposed at its February 2, 2016, meeting to amend § 141.41 (relating to general) to prohibit the possession of an expired, revoked, suspended or invalid hunting license or big game harvest tag while engaged in hunting or trapping activities, or while in the fields or forests, or on the waters or highways within or bordering 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 February 2, 2016, meeting of the Commission. Comments can be sent until April 1, 2016, to the Director, Information and Education, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797.
1. Purpose and Authority
Each year the Commission investigates numerous big game violations involving improperly marked animals. A concerning portion of these violations involve a hunter's placement of a prior year's expired harvest tag on the big game animal rather than the current year's harvest tag. The Commission has determined that some of these violations are purposeful and intended to give the hunter the appearance of eligibility to harvest an additional animal with their unused current tag. However, the Commission also recognizes that other hunters merely engage in the bad habit of carrying prior years' licenses and harvest tags and are mistaking the similarly colored harvest tags for the current year's harvest tags during the stress induced by a successful harvest. Therefore, in an effort to reduce the number of either purposeful or mistaken improperly marked big game violations from ever occurring, the Commission is proposing to amend § 141.41 to prohibit the possession of an expired, revoked, suspended or invalid hunting license or big game harvest tag while engaged in hunting or trapping activities, or while in the fields or forests, or on the waters or highways within or bordering this Commonwealth.
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 § 141.41 are proposed under this authority.
2. Regulatory Requirements
The proposed rulemaking will amend § 141.41 to prohibit the possession of an expired, revoked, suspended or invalid hunting license or big game harvest tag while engaged in hunting or trapping activities, or while in the fields or forests, or on the waters or highways within or bordering this Commonwealth.
3. Persons Affected
Persons wishing to hunt or trap game or wildlife within this Commonwealth may be affected by the proposed rulemaking.
4. Cost and Paperwork Requirements
The proposed rulemaking should 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: 48-393. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 58. RECREATION
PART III. GAME COMMISSION
CHAPTER 141. HUNTING AND TRAPPING
Subchapter C. BIG GAME § 141.41. General.
It is unlawful to:
(1) Fail, within 10 days of the kill, to complete the report card supplied with the hunting license for reporting big game killed and mail the report card to the Commission in Harrisburg or by any other method designated by the Director.
(2) Receive a DMAP permit without reporting in the manner prescribed on the permit.
(3) Harvest more than one deer at a time before lawfully tagging a deer previously harvested when multiple harvests of deer per day are authorized, except as otherwise provided in § 141.1 (relating to special regulations areas).
(4) Possess an expired, fulfilled, revoked, suspended or invalid big game harvest tag or hunting license while engaged in hunting or trapping activities, or while in the fields or forests, or on the waters or highways within or bordering this Commonwealth.
[Pa.B. Doc. No. 16-514. Filed for public inspection March 25, 2016, 9:00 a.m.]
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