PROPOSED RULEMAKING
GAME COMMISSION
[58 PA. CODE CH. 143]
Hunting and Furtaker Licenses; Antlerless Deer Licenses
[53 Pa.B. 1940]
[Saturday, April 8, 2023]To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) proposed at its January 28, 2023, meeting to amend §§ 143.41—143.45 and delete §§ 143.48—143.56 to eliminate the mail-in antlerless deer license application process and replace it with an online and over-the-counter process.
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 28, 2023, meeting of the Commission. Comments can be sent until April 12, 2023, to the Director, Information and Education, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797.
1. Purpose and Authority
Historically, county treasurers have been the only class of issuing agents that were authorized to issue antlerless deer licenses. This limited authority structure necessitated the use of an inflexible and outdated mail-in antlerless license application process that generated inconsistent distribution results from year to year and from county to county. The act of November 3, 2022 (P.L. 2133, No. 148) (Act 148) expanded the Commission's authority to designate additional classes of issuing agents to issue antlerless deer licenses. This legislation became effective January 2, 2023.
Under this new legislation, the Commission is now able to designate any or all issuing agent classes as authorized to issue antlerless licenses. With these expanded issuing agent opportunities, the Commission is now able to implement full use of all of the PALS license sales system services for antlerless licenses that have been available for other license types for many years, including online and over-the-counter sales. The Commission does not anticipate that this modernized sales process will result in a significantly different license purchasing experience for most antlerless deer license applicants as it expects that many of these purchases will be combined with other license product purchases a la carte at the beginning of the license year.
The Commission is proposing to amend §§ 143.41—143.45 and delete §§ 143.48—143.56 to eliminate the mail-in antlerless deer license application process and replace it with an online and over-the-counter process. These amendments will make two notable changes to the antlerless deer license regulations. First, the eligibility criteria for the issuance of antlerless deer licenses outside of the allocations established to wildlife management units have been slightly expanded to include additional eligibility for disabled veteran and landowner licenses. Second, the antlerless deer license consecutive sales rounds timeline has been advanced a few weeks as a result of the elimination of the slower mail-in procedures. The remaining amendments to the regulatory text reorganize and reconstitute existing procedures and requirements for the distribution of antlerless deer licenses. The Commission will continue to accept applications for antlerless deer licenses allocated to each wildlife management unit on a first-come, first-served basis through one or more sales rounds that will remain open until the supply of licenses is exhausted for each respective unit. This process will also maintain the familiar three-round application process that limits the distribution of one antlerless deer license per round followed by a fourth round of continuous over-the-counter sales for those wildlife management units with remaining allocations.
Section 2722(g)(2) of the code (relating to authorized license-issuing agents) provides that the Commission shall adopt regulations for ''The administration, control and performance of activities conducted pursuant to the provisions of this chapter.'' The amendments to §§ 143.41—143.45 and deletion of §§ 143.48—143.56 are proposed under this authority.
2. Regulatory Requirements
This proposed rulemaking will amend §§ 143.41—143.45 and delete §§ 143.48—143.56 to eliminate the mail-in antlerless deer license application process and replace it with an online and over-the-counter process.
3. Persons Affected
Persons wishing to make application for an antlerless deer license within this 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: 48-491. No fiscal impact; recommends adoption.
Annex A
TITLE 58. RECREATION
PART III. GAME COMMISSION
CHAPTER 143. HUNTING AND FURTAKER LICENSES
Subchapter C. ANTLERLESS DEER LICENSES § 143.41. [Purpose and scope] General.
(a) [The intent of this section is to ensure a fair and equitable distribution of licenses] The purpose of this subchapter is to implement a structure and process that provides for the fair and equitable distribution of the antlerless deer licenses allocated by the Commission to each wildlife management unit annually.
(b) [The Commission, after reviewing available management data, will establish the number of antlerless deer licenses allocated to each wildlife management unit] The Commission will establish the annual allocation of antlerless deer licenses for each wildlife management unit after its review of available management data.
(c) [An application shall be accepted without restriction or regard to the applicant's county of residence. The following procedure shall be adhered to when determining successful applicants for licenses:
(1) Accept applications on a first-come-first-served basis.
(2) Envelopes received by first class mail delivered through and by the United States Postal Service will be processed and licenses issued as soon as practicable.
(3) This process of license issuance will continue until the available supply of licenses for that wildlife management unit is exhausted] The Commission will accept applications for antlerless deer licenses allocated to each wildlife management unit on a first-come, first-served basis through one or more sales rounds that will continue until the supply of licenses is exhausted for each wildlife management unit.
(d) [The Commission may act in the capacity of a county treasurer for issuing antlerless licenses if authority to issue licenses has been removed from any or all county treasurers] [Reserved].
(e) [Notwithstanding the provisions of this chapter limiting the number of licenses available, the Commission will authorize antlerless deer licenses to be issued regardless of an established quota to] Except as provided in subsection (f), notwithstanding the provisions of this subchapter limiting the total number of antlerless deer licenses allocated to each wildlife management unit, the Commission will establish a review process to authorize the issuance of licenses outside of the allocations established in each wildlife management unit to:
(1) A resident of this Commonwealth serving on active duty in the armed forces of the United States or in the United States Coast Guard or within 60 days of discharge from active duty under honorable conditions from the United States Armed Forces or United States Coast Guard.
(2) A disabled veteran as defined in section 2706(b)(1) and (1.1) of the act (relating to resident license and fee exemptions).
(3) An applicant who is eligible for a landowner antlerless deer license as authorized under section 2706(c) of the act.
(4) An applicant whom the [Executive Director] Commission has determined to have been erroneously denied [a license] an antlerless deer license.
(f) Except for antlerless licenses issued under subsection (e)(4), an eligible applicant may receive no more than one antlerless license each license year under any outside-of-allocation exception set forth in subsection (e). Should an applicant be eligible for two or more conditions, only one exception may be exercised each license year.
§ 143.42. [Definitions] Antlerless deer license required.
[The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise:
Application—The original PALS form issued with a regular hunting license or the original or reasonable facsimile of the universal form provided by the Commission that is used in applying for an antlerless license or an unsold tag.
County treasurer—A county treasurer in this Commonwealth or a person carrying out the duties and responsibilities of a county treasurer in counties functioning under a home rule charter.
Date issued—The date printed on the license at the time of issuance indicating when the license was mailed or given to the person named on the license.
Envelope—The official envelope issued with a regular hunting license which shall be used by the applicant to mail completed applications to a county treasurer.
Home address—The location where a person is legally domiciled; a true, fixed and permanent home and principal residence; and the place to which, whenever the applicant is temporarily absent, he intends to return.
License—The numbered license which is issued by the county treasurer or the Commission authorizing the holder thereof to hunt antlerless deer in a specific wildlife management unit.
Management unit allocation—The number of licenses allocated by the Commission to an individual wildlife management unit.
Unsold tag—An antlerless deer license permitting properly licensed persons to take an antlerless deer during any firearms antlerless deer season, archery or flintlock muzzleloader and muzzleloader deer seasons in the wildlife management unit of issue.
Void—A voided license which remains nonissuable.]
(a) General rule. Except as provided in subsection (b), a person must acquire and possess a valid antlerless deer license for an applicable wildlife management unit to lawfully hunt and take each antlerless deer within that wildlife management unit during any open antlerless deer season established in § 139.4 (relating to seasons and bag limits for the license year). Each antlerless deer license is valid for taking only one antlerless deer only in the wildlife management unit designated on the license.
(b) Exceptions. The licensure requirements of subsection (a) do not apply to persons lawfully hunting antlerless deer in accordance with allowances and requirements of:
(1) The agricultural lands license exemption as set forth in section 2706(a) of the act (relating to resident license and fee exemptions).
(2) An applicable antlerless deer special permit issued by the Commission.
(3) The lawful cooperation and assistance authorizations or exceptions set forth in sections 2301(b) and 2325 of the act (relating to prima facie evidence of hunting; and cooperation after lawfully killing big game) and also § 141.43(e) (relating to deer seasons).
§ 143.43. [Preamble] Antlerless deer license eligibility and application.
(a) [An application shall be submitted to a county treasurer and a license shall be issued only in accordance with the act and this subchapter] The Commission will make antlerless deer licenses available to eligible applicants for purchase through PALS online and at each of its current issuing agent locations across this Commonwealth.
(b) [A nonresident of this Commonwealth may only apply under § 143.50 (relating to procedure for nonresidents of this Commonwealth).] The Commission will only accept an application for an antlerless deer license from a person who meets all of the following criteria:
(1) The person either currently possesses a valid base hunting license or is making a contemporaneous purchase of a valid base hunting license with the application for an antlerless deer license.
(2) At the time of application, the person has not exceeded application limits for antlerless deer licenses as set forth in § 143.45 (relating to antlerless deer license application limits).
(3) The person has paid the applicable cost of the antlerless deer license, plus any applicable transactional and issuing agent fees established in section 2709 of the act (relating to license cost and fees).
(4) At the time of application, the person is not subject to any active hunting or furtaking license suspension or revocation.
§ 143.44. [Application] Antlerless deer license application schedule.
[It is unlawful to apply for more than one license before the unsold tag and unlimited anterless license application periods as set forth in this chapter.]
(a) Application schedule. The Commission will make antlerless deer licenses available for application through PALS online and at each of its current issuing agent locations across this Commonwealth according to the following distribution schedule:
(1) Round 1.
(i) Beginning the fourth Monday in June for all resident applicants.
(ii) Beginning the second Monday in July for all nonresident applicants.
(2) Round 2. Beginning the fourth Monday in July for all resident and nonresident applicants.
(3) Round 3. Beginning the second Monday in August for all resident and nonresident applicants.
(4) Round 4. Beginning the fourth Monday in August for all resident and nonresident applicants.
(b) Application time. The Commission will open sales on the date for each respective round of antlerless deer license sales beginning at 8 a.m. Eastern Daylight Time and sales will remain open thereafter for that respective round until allocations for each applicable wildlife management unit are exhausted.
§ 143.45. [Completing and submitting applications] Antlerless deer license application limits.
[(a) Except as otherwise provided in § 143.52 (relating to procedure for unlimited antlerless licenses) and for those applications submitted by qualified landowners, it is unlawful for a county treasurer to accept an application other than by regular first class mail delivered through and by the United States Postal Service. Applications for unsold antlerless deer licenses shall be accepted by county treasurers over the counter and may immediately be processed if any licenses remain available in any wildlife management unit beginning on the second Monday in September.
(b) Applications will not be accepted by county treasurers prior to the start of the normal business day on the second Monday in July.
(c) The application shall be legibly completed, in its entirety, in accordance with instructions on the application. An applicant may enter up to three units, in order of preference, on the application.
(d) The application shall be mailed only in the envelope provided.
(e) Applications are limited to not more than three per envelope.
(f) The envelope must contain return first class postage and a return address. If requirements of this subsection are not met, applications will be placed in a dead letter file and may be reclaimed by the applicant upon contacting the county treasurer's office. Postage, both forward and return, is the responsibility of the applicant.
(g) Unless otherwise ordered by the Director, remittance shall be in the form of a negotiable check or money order payable to ''County Treasurer'' for applications enclosed, and in the total amount specified in the act for each license. Cash may be accepted by county treasurers for over the counter sales.]
(a) Application limit. Except as otherwise provided in subsections (b) and (c), an eligible applicant may submit only one antlerless deer license application for each open antlerless deer license sales round listed in § 143.44 (relating to antlerless deer license application schedule). The Commission will reject all applications in excess of these limits.
(b) Catch-up allowance. An eligible applicant may submit multiple antlerless deer license applications in a single transaction if the applicant has not previously applied for an antlerless deer license during one or more previous open rounds, and only then equal to the number of rounds currently open on the date of application.
(c) Round 4 continuous sales.
(1) Subject to the procedures and limitations of paragraph (2), an eligible applicant may submit multiple and continuous applications for antlerless deer licenses for each wildlife management unit whose antlerless deer license allocation remains unexhausted upon the opening of Round 4 of antlerless deer license sales on the date set forth in § 143.44. The authorizations of this subsection will terminate automatically for each wildlife management unit once its antlerless deer license allocation is exhausted.
(2) An eligible applicant may make one or more applications for antlerless deer licenses under this subsection only when the Commission's PALS licensing system shows five or less active and unfulfilled antlerless deer licenses on the applicant's license profile. Once an applicant has been issued a sixth cumulative active and unfulfilled antlerless deer license, the applicant will not be eligible to make reapplication for additional antlerless licenses until one or more previously issued antlerless licenses have been exhausted by harvest and the harvest or harvests have resulted in a verified completed harvest report in PALS. At no time is an applicant authorized to exceed six cumulative active and unfulfilled antlerless licenses in their PALS license profile.
(d) Resident agricultural lands exception. A person exercising the privileges of the license exemption provided under section 2706(a) of the act (relating to resident license and fee exemptions) on eligible lands is not entitled or required to obtain antlerless deer license(s) under this subchapter, but is subject to the same antlerless deer season limits that would otherwise apply to a licensed person hunting the wildlife management units covering the eligible lands as follows:
(1) Rounds 1, 2 and 3. An eligible person is authorized to harvest one deer for every antlerless deer license sales round, up to round 3, that is opened for the applicable wildlife management unit as set forth in § 143.44. Authorization to harvest an antlerless deer may not be acquired for a round subsequent to round 1, 2 or 3 if the allocation for the applicable wildlife management unit is exhausted before the subsequent round opens.
(2) Round 4. An eligible person is authorized to harvest multiple and continuous antlerless deer up to the limits and subject to the reporting requirements and closure dates of subsection (c). The authorizations of this paragraph will terminate automatically for an eligible person hunting within an applicable wildlife management unit once the wildlife management unit's antlerless license allocation is exhausted.
§ 143.48. [First-come-first-served license issuance] [Reserved].
[(a) Envelopes containing applications will be accepted on a first-come-first-served basis.
(b) If there are more than three applications in one envelope, the enclosed applications will be rejected and returned to the sender as soon as practicable.
(c) The first-come-first-served procedure will continue until the management unit's allocation is exhausted.
(d) Applications received over the management unit's allocation will be returned to the applicants as soon as practicable.
(e) If an application fails to be in compliance with § 143.45 (relating to completing and submitting applications), applications enclosed in the envelope shall be rejected and returned by the county treasurer to the sender as soon as practicable.]
§ 143.49. [Issuing licenses] [Reserved].
[(a) Licenses may be issued by county treasurers immediately following receipt of applications.
(b) Licenses will be issued through the Commission's PALS. The county treasurer shall write in ink the applicants' customer ID numbers on the face of the check or money order. If there are no licenses available in the applicant's first unit of preference, the county treasurer shall issue a license for the applicant's next unit of preference in the order given. If all three units have no licenses available, the county treasurer shall return the application to the applicant indicating that the selected units were sold out.
(c) Except as otherwise provided in § 143.52 (relating to procedure for unlimited antlerless licenses) and for qualified landowners, licenses issued shall be delivered to successful applicants in the envelope by first class mail through and by the United States Postal Service. Licenses shall be placed with the United States Postal Service no later than the second Monday in September, except for licenses issued under § 143.51(f) (relating to application and issuance of unsold tags) which shall be placed with the United States Postal Service no later than the fourth Monday in September. If more than one application is mailed to the county treasurer in the same envelope, the licenses shall be mailed to the person whose name appears on the return section of the envelope. The person receiving the additional licenses is responsible for delivering them to the appropriate people.]
§ 143.50. [Procedure for nonresidents of this Commonwealth] [Reserved].
[Nonresidents may apply for unsold licenses on the third Monday in July and thereafter in compliance with § 143.45 (relating to completing and submitting applications).]
§ 143.51. [Application and issuance of unsold tags] [Reserved].
[(a) Except as provided in § 143.52 (relating to procedures for unlimited antlerless licenses), beginning on the first Monday in August, residents and nonresidents of this Commonwealth are eligible to receive an unsold tag.
(b) The original PALS form issued with a regular hunting license or the original or reasonable facsimile of the universal form contained in the ''Hunting and Trapping Digest'' that is used in applying for an antlerless license or an unsold tag.
(c) The applicant shall use the official antlerless deer license application envelope.
(d) Unless otherwise ordered by the Director, remittance in the form of a negotiable check or money order for the total amount due as specified in the act, payable to ''County Treasurer,'' shall accompany the application.
(e) Unsold tags shall be issued through the Commission's PALS. The county treasurer shall write in ink the applicants customer ID numbers on the face of the check or money order. If there are no licenses available in the applicant's first unit of preference, the county treasurer shall issue a license for the applicant's next unit of preference in the order given. If all three units have no licenses available, the county treasurer shall return the application to the applicant indicating that the selected units were sold out.
(f) Beginning on the third Monday in August, residents and nonresidents of this Commonwealth are eligible to apply for one additional unsold tag by mailing to a county treasurer.]
§ 143.52. [Procedure for unlimited antlerless licenses] [Reserved].
[(a) Subject to the procedures and limitations of this section, applicants are eligible to make application to receive an unlimited number of antlerless licenses within each wildlife management unit that remains unexhausted beginning on the second Monday in September.
(b) Unexhausted antlerless licenses allocated to a wildlife management unit shall be made available to eligible applicants over the counter starting the second Monday in September, subject to the following limitations:
(1) An applicant is eligible to make application for an antlerless license under this section only when the Commission's PALS licensing system shows five or less active and unfulfilled antlerless licenses on their license profile.
(2) Once an applicant has been issued a sixth cumulative antlerless license, the applicant will not be eligible to make reapplication for additional antlerless licenses until one or more previously issued antlerless licenses have been exhausted by harvest and the harvest or harvests have resulted in a verified completed harvest report in PALS.
(3) At no time is an applicant authorized to exceed six cumulative active and unfulfilled antlerless licenses in their PALS license profile.
(c) The authorizations of this section will terminate automatically for each wildlife management unit once its antlerless license allocation quota is exhausted.]
§ 143.53. [Reapplication] [Reserved].
[(a) A person whose application has been rejected and returned may secure a new official envelope from a hunting license issuing agent and reapply for a license by:
(1) If applicable, correcting the errors which caused the original application to be rejected and returning it to a county treasurer.
(2) Changing on the application the designated wildlife management units in which the applicant desires to hunt and forwarding it to a county treasurer.
(b) A person who was issued a license that was subsequently lost in the United States mail and never received by the licensee may, upon submitting an affidavit stating this fact, receive a replacement license from any county treasurer. There will be no additional cost for this license. Prior to issuing a replacement license, county treasurers shall first verify through the Commission's PALS that the applicant was issued the original license.]
§ 143.54. [Validity of license] [Reserved].
[An antlerless deer license is valid for taking antlerless deer only in the wildlife management unit designated on the antlerless deer license.]
§ 143.55. [Unlawful acts] [Reserved].
[It is unlawful:
(1) For a county treasurer to accept an application or to issue a license contrary to the act or this part.
(2) For a person to apply for or to receive a license contrary to the act or this part.
(3) For a person to aid another person in applying for or receiving a license contrary to this subchapter.
(4) For a person to transfer or reissue a license or back tag, or to issue a void.
(5) For a person to apply for or receive more than one antlerless license or more than one unsold tag, except as specified in §§ 143.51(f), 143.52 and 143.53 (relating to application and issuance of unsold tags; procedure for unlimited antlerless licenses; and reapplication).]
§ 143.56. [Penalties] [Reserved].
[(a) A person violating this chapter shall, upon conviction, be sentenced to pay the fine prescribed in the act.
(b) Hunting antlerless deer or killing an antlerless deer with an invalid license constitutes hunting or killing deer without a license.]
[Pa.B. Doc. No. 23-458. Filed for public inspection April 7, 2023, 9:00 a.m.]
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