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PA Bulletin, Doc. No. 16-905

RULES AND REGULATIONS

GAME COMMISSION

[ 58 PA. CODE CH. 143 ]

Hunting and Trapping; Antlerless Deer Licenses

[46 Pa.B. 2676]
[Saturday, May 28, 2016]

 To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its April 5, 2016, meeting, amended § 143.50 (relating to procedure for nonresidents of this Commonwealth) to allow nonresidents to submit applications for antlerless deer licenses on the third Monday in July, 1 week after resident applicants.

 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 46 Pa.B. 1423 (March 19, 2016).

1. Purpose and Authority

 The Commission has been asked to review the preference given to resident license holders in the timing that antlerless deer applications can be submitted to county treasurers. Formerly, resident license holders could apply 2 weeks sooner than nonresident license holders. While this timing did not affect the availability of antlerless deer licenses for nonresident license holders in most wildlife management units (WMU), it often eliminated the availability of antlerless deer licenses in a number of low quota, highly preferred WMUs. Therefore, in an effort to narrow the gap, the Commission amends § 143.50 to allow nonresidents to submit applications for antlerless deer licenses on the third Monday in July, 1 week after resident applicants.

 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. The amendments to § 143.50 are adopted under this authority.

2. Regulatory Requirements

 The final-form rulemaking amends § 143.50 to allow nonresidents to submit applications for antlerless deer licenses on the third Monday in July, 1 week after resident applicants.

3. Persons Affected

 Persons wishing to hunt antlerless deer within this Commonwealth will 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 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 Chapter 143, are amended by amending § 143.50 to read as set forth at 46 Pa.B. 1423.

 (b) The Executive Director of the Commission shall certify this order and 46 Pa.B. 1423 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 48-394 remains valid for the final adoption of the subject regulation.

[Pa.B. Doc. No. 16-905. Filed for public inspection May 27, 2016, 9:00 a.m.]



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