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PA Bulletin, Doc. No. 17-1408

RULES AND REGULATIONS

Title 58—RECREATION

GAME COMMISSION

[ 58 PA. CODE CHS. 135 AND 143 ]

Lands and Buildings—Special Wildlife Management Areas; Hunting and Furtaker Licenses—Antlerless Deer Licenses

[47 Pa.B. 4982]
[Saturday, August 26, 2017]

 To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its June 26, 2017, meeting, amended §§ 135.103 and 143.42 (relating to registration for controlled goose hunting areas; and definitions) to require that registrations for controlled goose hunting areas and antlerless licenses be submitted on a form and in the manner designated by the Commission. These amendments will allow the Commission and public greater access to electronic sources and methods of application. The Commission also amended § 135.103 and § 135.104 (relating to restrictions on controlled goose hunting areas) to update the parameters for establishing and managing the controlled hunts at the Middle Creek and Pymatuning Wildlife Management Areas.

 This final-form rulemaking will not have an adverse impact on the wildlife resources of this Commonwealth.

 The authority for this final-form rulemaking is 34 Pa.C.S. (relating to Game and Wildlife Code) (code).

 Notice of proposed rulemaking was published at 47 Pa.B. 2774 (May 13, 2017).

1. Purpose and Authority

 To efficiently use the Commonwealth's resources, beginning in 2017, the Commission will no longer provide hard copies of the entire Hunting & Trapping Digest (Digest) to license buyers free of charge. Rather, the Commission will be providing an abbreviated version of the seasons and bag limits, and directing license buyers to the web site and smartphone application for the entire version of the Digest. This cost saving measure is made necessary by the fact that the Commission has not had a license increase since 1999. As a consequence of the move away from the paper Digest, the Commission has identified regulations that need to be updated to provide for alternative registration and license application processes. To this end, the Commission amends §§ 135.103 and 143.42 to require that registrations for controlled goose hunting areas and antlerless licenses be submitted on a form and in the manner designated by the Commission. These amendments will allow the Commission and public greater access to electronic sources and methods of application. The Commission also amends §§ 135.103 and 135.104 to update the parameters for establishing and managing the controlled hunts at the Middle Creek and Pymatuning Wildlife Management Areas. These amendments allow for greater flexibility, consistency and clarity in the regulations.

 Section 721(a) of the code (relating to control of property) provides that ''[t]he administration of all lands or waters owned, leased or otherwise controlled by the commission shall be under the sole control of the director, and the commission shall promulgate regulations. . .for its use and protection as necessary to properly manage these lands or waters.'' 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 §§ 135.103, 135.104 and 143.42 are adopted under this authority.

2. Regulatory Requirements

 This final-form rulemaking amends §§ 135.103 and 143.42 to require that registrations for controlled goose hunting areas and antlerless licenses be submitted on a form and in the manner designated by the Commission. The final-form rulemaking also amends §§ 135.103 and 135.104 to update the parameters for establishing and managing the controlled hunts at the Middle Creek and Pymatuning Wildlife Management Areas.

3. Persons Affected

 Persons wishing to hunt or take geese at the controlled goose hunting areas within the Middle Creek and Pymatuning Wildlife Management Areas will be affected by this final-form rulemaking. Persons wishing to hunt or take antlerless deer in this Commonwealth may also be affected by this final-form rulemaking.

4. Comment and Response Summary

 There were no official comments received regarding this final-form rulemaking.

5. Cost and Paperwork Requirements

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

6. Effective Date

 This 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 this 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 135 and 143, are amended by amending §§ 135.103, 135.104 and 143.42 to read as set forth at 47 Pa.B. 2774.

 (b) The Executive Director of the Commission shall certify this order and 47 Pa.B. 2774 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.

BRYAN J. BURHANS, 
Executive Director

 Fiscal Note:  Fiscal Note 48-416 remains valid for the final adoption of the subject regulations.

[Pa.B. Doc. No. 17-1408. Filed for public inspection August 25, 2017, 9:00 a.m.]


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