PROPOSED RULEMAKING
GAME COMMISSION
[ 58 PA. CODE CHS. 139 AND 143 ]
Seasons and Bag Limits; Elk Management Area and Hunt Zones; Hunting and Furtaker Licenses; Elk Licenses
[51 Pa.B. 1336]
[Saturday, March 13, 2021]To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) proposed at its January 23, 2021, meeting to amend §§ 143.203, 143.203a and 143.206 (relating to random drawing elk licenses; special elk conservation license auction; and validity of elk licenses) and add §§ 139.18 and 143.203b (relating to elk management area and hunt zones; and special-license fundraiser elk license) to define the elk management area and elk hunt zones, better delineate and describe the three available elk licenses and close all elk hunting in any elk hunt zone that does not receive an allocation for a given hunting license year.
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 23, 2021, meeting of the Commission. Comments can be sent until April 7, 2021, to the Director, Information and Education, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797.
1. Purpose and Authority
The Commission has identified that current regulations concerning elk licenses do not adequately describe the three available elk licenses and their authorized uses. Furthermore, current regulations do not even define the extent and location of the elk management area or elk hunt zones. The Commission is proposing to amend §§ 143.203, 143.203a and 143.206 and add §§ 139.18 and 143.203b to define the elk management area and elk hunt zones, better delineate and describe the three available elk licenses and close all elk hunting in any elk hunt zone that does not receive an allocation for a given hunting license year.
Section 2722(g) of the code (relating to authorized licensed-issuing agents) directs the Commission to adopt regulations for the administration, control and performance of license issuing activities. Section 2102(a) of the code (relating to regulations) provides that ''The commission shall promulgate such regulations as it deems necessary and appropriate concerning game or wildlife and hunting or furtaking in this Commonwealth, including regulations relating to the protection, preservation and management of game or wildlife and game or wildlife habitat, permitting or prohibiting hunting or furtaking, the ways, manner, methods and means of hunting or furtaking, and the health and safety of persons who hunt or take wildlife or may be in the vicinity of persons who hunt or take game or wildlife in this Commonwealth.'' The amendments to §§ 143.203, 143.203a and 143.206 and addition of §§ 139.18 and 143.203b are proposed under this authority.
2. Regulatory Requirements
This proposed rulemaking will amend §§ 143.203, 143.203a and 143.206 and add §§ 139.18 and 143.203b to define the elk management area and elk hunt zones, better delineate and describe the three available elk licenses and close all elk hunting in any elk hunt zone that does not receive an allocation for a given hunting license year.
3. Persons Affected
Persons wishing to hunt elk within the Commonwealth will be affected by this proposed rulemaking.
4. Cost and Paperwork Requirements
This proposed rulemaking should not result in any additional cost or paperwork.
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 Jason L. DeCoskey, Director, Bureau of Wildlife Protection, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717) 783-6526.
BRYAN J. BURHANS,
Executive DirectorFiscal Note: 48-469. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 58. RECREATION
PART III. GAME COMMISSION
CHAPTER 139. SEASONS AND BAG LIMITS
APPENDIX C (Editor's Note: The following text is proposed to be added and printed in regular type to enhance readability.)
§ 139.18. Elk management area and hunt zones.
(a) The elk management area is broad geographical range used for management of the Commonwealth's elk population.
(b) Elk hunt zones are those individual and distinct areas within the elk management area in which elk may be hunted according to annual elk allocations.
(c) The division line between two or more hunt zones shall be the center of the highway, road, natural water course or other natural boundary.
(d) The outline map of the elk management area sets forth the elk hunt zones.
CHAPTER 143. HUNTING AND
FURTAKER LICENSES
Subchapter K. ELK LICENSES § 143.203. [Drawing] Random drawing elk licenses.
(a) The Executive Director will set the date [and location] for the random drawing of applications for the issuance of random drawing elk licenses. [Incomplete, illegible or duplicate applications will not be included in the drawing.]
(b) Applications from current applicants who have applied in the 2003-2004 license year and subsequent years will be included in the random drawing until the applicant is successfully drawn and issued a license.
(c) Applicants issued a random drawing elk license entitling them to take an antlered elk are not permitted to apply for [an] a random drawing elk license for 5 license years.
(d) Qualified applicants and alternates drawn for [an] a random drawing elk license shall be required to obtain a regular hunting license and complete an orientation program as prescribed by the Director.
(e) Qualified applicants drawn for [an] a random drawing elk license whose military obligation prevents them from hunting the current elk season shall be eligible to hunt in the next available elk season.
(f) The number of available random drawing elk licenses each year shall be limited to [a number] the allocations set by the Commission for each Elk Hunt Zone. Any Elk Hunt Zone that does not receive an allocation for a given hunting license year is closed to all elk hunting, unless the zone is designated as open to all elk license holders by the Commission.
§ 143.203a. Special elk conservation license auction.
(a) Each year the Commission may contract with an eligible wildlife conservation organization to conduct an auction sale of one special elk conservation license in accordance with [the mandates under section 2706.2] section 2706.2(b) of the act (relating to elk hunting licenses).
(b) Upon conclusion of the auction, the wildlife conservation organization shall issue the winning bidder a license voucher which may be redeemed for a special elk conservation license under section 2712 of the act (relating to vouchers for licenses and permits).
(c) Except as authorized by § 143.206(c) (relating to validity of elk licenses), special conservation license auction elk licenses are limited to use within the Elk Hunt Zones receiving allocations for a given hunting license year under section § 143.203(f) (relating to random drawing elk licenses). Any Elk Hunt Zone that does not receive an allocation for a given hunting license year under section § 143.203(f) is closed to all elk hunting, unless the zone is designated as open to all elk license holders by the Commission.
(Editor's Note: The following text is proposed to be added and printed in regular type to enhance readability.)
§ 143.203b. Special-license fundraiser elk license.
(a) Each year the Commission may contract with an eligible Pennsylvania-based nonprofit organization to conduct an auction or raffle sale of one special-license fundraiser elk license in accordance with section 2706.2(c) of the act (relating to elk hunting licenses).
(b) Upon conclusion of the auction or raffle, the Pennsylvania-based nonprofit organization shall issue the winning bidder a license voucher which may be redeemed for a special-license fundraiser elk license under section 2712 of the act (relating to vouchers for licenses and permits).
(c) Except as authorized by § 143.206(c) (relating to validity of elk licenses), special-license fundraiser elk license auction licenses are limited to use within the Elk Hunt Zones receiving allocations for a given hunting license year under section § 143.203(f) (relating to random drawing elk licenses). Any elk hunt zone that does not receive an allocation for a given hunting license year under section § 143.203(f) is closed to all elk hunting, unless the zone is designated as open to all elk license holders by the Commission.
§ 143.206. Validity of [license] elk licenses.
(a) Elk hunt zones. Except as provided in subsection (c), an elk license is valid for taking elk only in the elk hunt zones designated on the elk license, unless the zone is designated as open to all elk license holders by the Commission.
(b) Elk gender. Except as provided in subsection (c), an elk license is valid for taking only an antlerless, antlered or either sex elk as designated on the elk license.
(c) Exception. Any unfilled antlered or antlerless elk license for any designated elk hunt [zones is] zones are additionally valid for taking either an antlered or antlerless elk anywhere within this Commonwealth outside of the elk management area during any [designated] extended elk season [following] established in § 139.4 (relating to seasons and bag limits for the license year) that follows the regular elk season.
[Pa.B. Doc. No. 21-370. Filed for public inspection March 12, 2021, 9:00 a.m.]
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