RULES AND REGULATIONS
Title 58—RECREATION
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. 2937]
[Saturday, May 22, 2021]To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) at its April 10, 2021, meeting amended §§ 143.203, 143.203a and 143.206 (relating to random drawing elk licenses; special elk conservation license auction; and validity of elk licenses) and added §§ 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, unless the zone is designated by the Commission as open to all elk license holders.
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 51 Pa.B. 1336 (March 13, 2021).
1. Purpose and Authority
The Commission observed that former regulations concerning elk licenses do not adequately describe the three available elk licenses and their authorized uses. Furthermore, the regulations did not define the extent and location of the elk management area or elk hunt zones. The Commission amends §§ 143.203, 143.203a and 143.206 and adds §§ 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 lastly close all elk hunting in any elk hunt zone that does not receive an allocation for a given hunting license year, unless the zone is designated by the Commission as open to all elk license holders.
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. 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 adopted under this authority.
2. Regulatory Requirements
This final-form rulemaking amends §§ 143.203, 143.203a and 143.206 and adds §§ 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, unless the zone is designated by the Commission as open to all elk license holders.
3. Persons Affected
Persons wishing to hunt elk within the Commonwealth will 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 Jason L. DeCoskey, 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), known as the Commonwealth Documents Law, and the regulations thereunder, 1 Pa. Code §§ 7.1 and 7.2 (relating to notice of proposed rulemaking; and adoption of regulations).
(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 139 and 143, are amended by amending §§ 143.203, 143.203a and 143.206 and adding §§ 139.18 and 143.203b to read as set forth in Annex A.
(b) The Executive Director of the Commission shall certify this order and Annex A 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 DirectorFiscal Note: Fiscal Note 48-69 remains valid for the final adoption of the subject regulation.
Annex A
TITLE 58. RECREATION
PART III. GAME COMMISSION
CHAPTER 139. SEASONS AND BAG LIMITS § 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. Random drawing elk licenses.
(a) The Executive Director will set the date for the random drawing of applications for the issuance of random drawing elk licenses.
(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 a random drawing elk license for 5 license years.
(d) Qualified applicants and alternates drawn for 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 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 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 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 allocation(s) 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.
§ 143.203b. 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 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 are additionally valid for taking either an antlered or antlerless elk anywhere within this Commonwealth outside of the elk management area during any extended elk season established in § 139.4 (relating to seasons and bag limits for the license year) that follows the regular elk season.
[Pa.B. Doc. No. 21-840. Filed for public inspection May 21, 2021, 9:00 a.m.]
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