RULES AND REGULATIONS
Title 58—RECREATION
GAME COMMISSION
[ 58 PA. CODE CH. 135 ]
Lands and Buildings; Goose Hunting Areas
[49 Pa.B. 1363]
[Saturday, March 23, 2019]To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) at its January 29, 2019, meeting, amended § 135.103 (relating to registration for controlled goose hunting areas) to authorize persons who possess a senior lifetime resident hunting license or senior lifetime resident combination hunting license and who can provide documentation evidencing their eligibility for the resident disabled veteran license or a reduced fee resident disabled veteran license to apply to participate in the Veterans with disabilities only day.
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 48 Pa.B. 7216 (November 17, 2018).
1. Purpose and Authority
Current regulations authorize the Commission to hold special disabled veteran goose hunts at both the Pymatuning and Middle Creek Wildlife Management Areas. Section 135.103 formerly identified those eligible to participate in these special hunts as only persons holding a resident disabled veterans license. However, the Commission identified that § 135.103 unintentionally restricted an otherwise qualifying disabled veteran from applying to participate in the controlled goose hunt if he or she purchases a senior lifetime license of either the regular or combination class. The Commission determined that this could easily be corrected through a minor regulatory change. The Commission amended § 135.103 to authorize persons who possess a senior lifetime resident hunting license or senior lifetime resident combination hunting license and who can provide documentation evidencing their eligibility for the resident disabled veteran license or a reduced fee resident disabled veteran license to apply to participate in the Veterans with disabilities only day.
Section 721(a) of the code (relating to control of property) provides ''The administration of all lands and 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.'' The amendments to § 135.103 are adopted under this authority.
2. Regulatory Requirements
This final-form rulemaking amends § 135.103 to authorize persons who possess a senior lifetime resident hunting license or senior lifetime resident combination hunting license and who can provide documentation evidencing their eligibility for the resident disabled veteran license or a reduced fee resident disabled veteran license as eligible to apply to participate in the Veterans with disabilities only day.
3. Persons Affected
Persons wishing to hunt waterfowl at the Middle Creek and Pymatuning Wildlife Management Areas may 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 any additional cost or paperwork.
6. Effective Date
This final-form rulemaking will be effective upon final-form 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 Randy L. Shoup, Director, Bureau of Wildlife Protection, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717) 783-6526.
BRYAN J. BURHANS,
Executive DirectorFiscal Note: Fiscal Note 48-437 remains valid for the final adoption of the subject regulation.
Annex A
TITLE 58. RECREATION
PART III. GAME COMMISSION
CHAPTER 135. LANDS AND BUILDINGS
Subchapter F. SPECIAL WILDLIFE MANAGEMENT AREAS § 135.103. Registration for controlled goose hunting areas.
The following apply to reservations for controlled goose hunting areas:
* * * * * (4) The Director will establish the number of applications to be drawn no later than 20 days prior to the respective drawing of reservations for the Middle Creek and Pymatuning Wildlife Management Areas. Reservations will be awarded by the Commission to individuals selected during random public drawings from all eligible applications submitted for each management area. The drawings for each management area will occur on the date, time and at the location set by the Director or a designee. The Commission will hold separate drawings for the disabled access blinds for persons in possession of a disabled person permit issued under section 2923(a) of the act (relating to disabled person permits).
(i) Youth only day. The Director may designate 1 shooting day at the Middle Creek and Pymatuning Wildlife Management Areas as a youth-only day. Adults who accompany a junior hunter on this day may participate in the hunt by calling only. Applications received from junior hunters will be separated and drawn prior to the other applications on the established drawing date for the management area. Unsuccessful applicants for the youth shooting day will then be placed with all other applications and the drawing will proceed until all shooting days are filled.
(ii) Veterans with disabilities only day. The Director may designate 1 shooting day at the Middle Creek and Pymatuning Wildlife Management Areas as a veterans with disabilities only day. Only persons who possess a resident disabled veteran license, a reduced fee resident disabled veteran license or persons who possess a senior lifetime resident license or senior lifetime resident combination hunting license who can provide documentation evidencing their eligibility for the resident disabled veteran license or a reduced fee resident disabled veteran license are eligible to apply. Successful applicants may be accompanied by up to three properly licensed guests of any general or base hunting license classification. Applications received from veterans with disabilities will be separated and drawn prior to all other applications on the established drawing date for each wildlife management area.
* * * * *
[Pa.B. Doc. No. 19-422. Filed for public inspection March 22, 2019, 9:00 a.m.]
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