PROPOSED RULEMAKING
GAME COMMISSION
[ 58 PA. CODE CH. 147 ]
Special Permits; Pheasant Permit
[48 Pa.B. 1695]
[Saturday, March 24, 2018]To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) proposed at its January 30, 2018, meeting to amend §§ 147.316 and 147.317 (relating to application; and permit) to require junior hunters to obtain a free pheasant permit to hunt pheasants in this Commonwealth. The Commission is also proposing to amend § 147.317 to exempt additional individuals from the pheasant permit requirement, including individuals currently exempted from licensure by statute and also individuals hunting and taking privately acquired propagated pheasants on private lands.
This proposed rulemaking will not have an adverse impact on the wildlife resources of this Commonwealth.
The authority for this proposed rulemaking is 34 Pa.C.S. (relating to Game and Wildlife Code) (code).
This proposed rulemaking was made public at the January 30, 2018, meeting of the Commission. Comments can be sent until April 20, 2018, to the Director, Information and Education, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797.
1. Purpose and Authority
The Commission is proposing to amend §§ 147.316 and 147.317 to require junior hunters to obtain a free pheasant permit to hunt pheasants in this Commonwealth. The Commission is also proposing to amend § 147.317 to exempt additional individuals from the pheasant permit requirement, including individuals currently exempted from licensure by statute and also individuals hunting and taking privately acquired propagated pheasants on private lands. This latter change will allow privately acquired pheasants to be hunted and killed on private property without requirement of a pheasant permit or its associated fee. This exemption will not apply to private lands designated by agreement as cooperative access lands. This exemption will also require that any pheasants hunted, taken or possessed under this paragraph shall be banded, tagged, marked or receipted in accordance with section 2930 of the act (relating to propagating permits).
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 §§ 147.316 and 147.317 are proposed under this authority.
2. Regulatory Requirements
This proposed rulemaking will amend §§ 147.316 and 147.317 to require junior hunters to obtain a free pheasant permit to hunt pheasants in this Commonwealth. The Commission is also proposing to amend § 147.317 to exempt additional individuals from the pheasant permit requirement, including individuals currently exempted from licensure by statute and also individuals hunting and taking privately acquired propagated pheasants on private lands.
3. Persons Affected
Persons wishing to hunt or take pheasants in this Commonwealth may be affected by this proposed rulemaking.
4. Cost and Paperwork Requirements
This proposed rulemaking will result in the creation of a new class of permit that will be required for junior hunters. The Commission anticipates that this free permit will be made available through the Pennsylvania Automated License System, therefore paperwork requirements to the general public will be nominal. The Commission determined that there will be limited personnel and administrative costs associated with the implementation of this new permit class. However, the Commission anticipates that these costs will be accommodated through existing staffing and existing budgets.
5. Effective Date
This 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 this proposed rulemaking, contact Randy S. Shoup, Director, Bureau of Wildlife Protection, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717) 783-6526.
BRYAN J. BURHANS,
Executive DirectorFiscal Note: 48-430. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 58. RECREATION
PART III. GAME COMMISSION
CHAPTER 147. SPECIAL PERMITS
Subchapter Q. PHEASANT PERMIT § 147.316. Application.
(a) Form and content. Applications for pheasant hunting permits issued under this subchapter shall be made through the Commission or any of its authorized license-issuing agents on the appropriate form designated by the Commission for this purpose. Each application must include the applicant's name, address, date of birth and Commission-issued Customer Identification Number, and any other information required by the Commission.
(b) Eligibility.
(1) Adult pheasant hunting permit applications are available for submission by applicants in possession of a valid resident or nonresident adult or senior hunting license, or a valid mentored adult hunting permit. The fee for [a] an adult pheasant hunting permit is $25, plus any applicable transactional and issuing agent fees.
(2) Junior pheasant hunting permit applications are available for submission by applicants in possession of a valid resident or nonresident junior hunting license. There is not a fee for a junior pheasant hunting permit.
§ 147.317. Permit.
(a) A pheasant hunting permit is required for [an adult] any person to hunt or take pheasants by any means or manner or device, including the use of dogs, in this Commonwealth.
(b) A pheasant hunting permit shall be signed and carried on person when hunting or taking pheasants in this Commonwealth.
(c) This section and subchapter may not be construed to require a permit [for individuals engaged in lawful pheasant hunting activities under a valid commercial or noncommercial regulated hunting grounds issued under section 2928 of the act (relating to regulated hunting grounds permits).] for individuals engaged in:
(1) Lawful pheasant hunting activities under a valid commercial or noncommercial regulated hunting grounds or special retriever training area permit issued under sections 2928 and 2942 of the act (relating to regulated hunting grounds permits; and special retriever training areas).
(2) Lawful dog training activities under a valid dog training area, special retriever area, field dog trial or field dog trial for retrievers permit issued under sections 2941—2944 of the act.
(3) Lawful hunting of pheasants they have acquired and released on private lands not otherwise designated as cooperative access lands under sections 709 and 729 of the act (relating to cooperative agreements relating to land; and public access projects). Any pheasants hunted, taken or possessed under this paragraph shall be banded, tagged, marked or receipted in accordance with section 2930 of the act (relating to propagating permits).
[Pa.B. Doc. No. 18-449. Filed for public inspection March 23, 2018, 9:00 a.m.]
No part of the information on this site may be reproduced for profit or sold for profit.This material has been drawn directly from the official Pennsylvania Bulletin full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.
