RULES AND REGULATIONS
Title 58—RECREATION
GAME COMMISSION
[ 58 PA. CODE CH. 147 ]
Special Permits; Mentored Hunting Program Permit
[49 Pa.B. 1364]
[Saturday, March 23, 2019]To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) at its January 29, 2019, meeting, amended §§ 147.802—147.804 (relating to definitions; application; and general) to: 1) expand the mentored youth program to include youth up to 16 years of age; 2) expand the mentored adult program to include persons 17 years of age or older; 3) limit participation in the mentored junior and mentored adult program to 3 years total; and 4) set mentored junior permit fees at $5 for resident applicants and $40 for nonresident applicants, plus any applicable transactional and issuing agent fees.
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. 7217 (November 17, 2018).
1. Purpose and Authority
The mentored youth program has been a very successful mechanism for introducing potential hunters to the sport. A recent survey showed that individuals who participate in the mentored youth program were more likely to purchase hunting licenses in the future, compared to individuals who had not participated in the program. Expanding upon the program to allow individuals 12 years of age or older, but under 17 years of age to participate, would allow the agency to recruit nontraditional potential hunters, who did not have access to someone who could take them hunting on a consistent basis, or shepherd them through hunter-trapper education, but yet have developed an interest in hunting and would like to participate before making the commitments necessary to become a license buyer.
Formerly, the regulations provided for a mentor program for only youth, defined as an individual under the age of 12, and adults, defined as an individual over the age of 18. There was no provision in the regulations for mentoring individuals 12 years of age or older, but under 17 years of age. This amendment expands the mentored youth program to allow individuals 12 years of age or older, but under 17 years of age to be eligible, thereby allowing them to participate in hunting without taking hunter-trapper education or purchasing a hunting license.
The Commission amended §§ 147.802—147.804 to: 1) expand the mentored youth program to include youth up to 16 years of age; 2) expand the mentored adult program to include persons 17 years of age or older; 3) limit participation in the mentored junior and mentored adult program to 3 years total; and 4) set mentored junior permit fees at $5 for resident applicants and $40 for nonresident applicants, plus any applicable transactional and issuing agent fees.
Section 2701(a) of the code (relating to license requirements) states that ''Except in defense of person or property or pursuant to exemptions authorized by the commission for implementing a mentored youth hunting program, every person, prior to engaging in any of the privileges granted by this title, shall first obtain the applicable license subject to any conditions or other requirements imposed by this title.'' 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 §§ 147.802—147.804 are adopted under this authority.
2. Regulatory Requirements
This final-form rulemaking amends §§ 147.802—147.804 to: 1) expand the mentored youth program to include youth up to 16 years of age; 2) expand the mentored adult program to include persons 17 years of age or older; 3) limit participation in the mentored junior and mentored adult program to 3 years total; and 4) set mentored junior permit fees at $5 for resident applicants and $40 for nonresident applicants, plus any applicable transactional and issuing agent fees.
3. Persons Affected
Persons over the age of 12 and under 18 years of age who wish to participate in the mentored hunting program 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 48-438 remains valid for the final adoption of the subject regulations.
Annex A
TITLE 58. RECREATION
PART III. GAME COMMISSION
CHAPTER 147. SPECIAL PERMITS
Subchapter X. MENTORED HUNTING PROGRAM PERMIT § 147.802. Definitions.
The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise:
Lawful hunting device—Any firearm or implement that is lawful to be possessed during the current season and used to harvest the particular species hunted.
Mentor—A licensed person, 21 years of age or older who is serving as a guide to a mentored youth or mentored adult while engaged in hunting or related activities.
Mentored adult—An unlicensed person, 17 years of age or older, who is accompanied by a mentor while engaged in hunting or related activities.
Mentored youth—An unlicensed person, under 17 years of age who is accompanied by a mentor while engaged in hunting or related activities.
Stationary—The state or condition where a person is still, fixed in place or static, indicated by a cessation of all forward, backward or lateral movement, whether in the standing, kneeling, sitting or prone position.
§ 147.803. Application.
(a) Form and content. Applications for mentored 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 name, address, telephone number, date of birth, Social Security number of the applicant and any other information required by the Commission.
(b) Eligibility.
(1) Mentored youth hunting permits are available to youth applicants under 12 years of age or 12 years of age or older, but under 17 years of age, who have never held a prior hunting license within this Commonwealth or another state or nation. Mentored youth hunting permits are available to eligible youth applicants under 12 years of age for an unrestricted number of license years. Mentored youth hunting permits are available to eligible junior applicants 12 years of age or older, but under 17 years of age, except when the applicant has previously held a mentored youth permit for a total of 3 license years, including years when under 12 years of age. In these circumstances, an applicable junior hunting license is required.
(2) Mentored adult hunting permits are available to adult applicants 17 years of age or older who have never held a prior hunting license within this Commonwealth or another state or nation. Mentored adult hunting permits are available to eligible adult applicants for a total of 3 license years, including years when under 17 years of age. In these circumstances, an applicable adult hunting license is required.
(c) Minors. Applications may be submitted on behalf of an eligible mentored youth upon presentation of a written request executed by a parent or legally constituted guardian.
(d) Fee.
(1) The fee for a mentored youth hunting permit will be:
(i) $1, plus any applicable transactional and issuing agent fees, for resident and nonresident applicants under 12 years of age.
(ii) $5, plus any applicable transactional and issuing agent fees, for resident applicants 12 years of age or older, but under 17 years of age.
(iii) $40, plus any applicable transactional and issuing agent fees, for nonresident applicants 12 years of age or older, but under 17 years of age.
(2) The fee for a mentored adult hunting permit will be:
(i) For residents, $19, plus any applicable transactional and issuing agent fees.
(ii) For nonresidents, $100, plus any applicable transactional and issuing agent fees.
§ 147.804. General.
(a) License required. A mentor shall possess a valid Pennsylvania hunting license or qualify for license and fee exemptions under section 2706 of the act (relating to resident license and fee exemptions) prior to engaging in any mentored hunting activities.
(b) Permit required. A mentored youth or mentored adult shall possess a valid applicable mentored hunting permit prior to engaging in any mentored hunting activities. Purchase of a hunting license by an eligible mentored youth or mentored adult shall automatically invalidate any mentored permit and associated harvest tags held by same.
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[Pa.B. Doc. No. 19-423. Filed for public inspection March 22, 2019, 9:00 a.m.]
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