RULES AND REGULATIONS
Title 58—RECREATION
GAME COMMISSION
[58 PA. CODE CH. 147]
Special Permits; Mentored Hunting Program Permit; Safety
[54 Pa.B. 5615]
[Saturday, September 7, 2024]To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) at its July 12, 2024, meeting amended § 147.805 (relating to safety) to allow a mentor to accompany up to three of any combination of mentored youth and mentored adults at a time.
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 54 Pa.B. 3035 (June 1, 2024).
1. Purpose and Authority
Since the mentored hunting program's initial inception in 2006, the program has gradually grown and expanded to include additional species of game and wildlife and age groups eligible to participate in the program. With each progressive expansion, the mentored hunting program has come into closer alignment to the Commission's traditional hunting license structures. In its latest development, the Commission amends § 147.805 to allow a mentor to accompany up to three of any combination of mentored youth and mentored adults at a time. This maximum limit of three also includes any junior hunter present and otherwise requiring accompaniment by the mentor as required under section 2711(a)(8) of the code (relating to unlawful acts concerning licenses) when the person is also serving as a mentor. This change will not expand the one lawful hunting device limit for mentored youth, but it will allow mentored adults and junior hunters to possess their own hunting implement while accompanied by a common mentor. The Commission has evaluated the relevant safety data and determined that the amendments will not create an unreasonable safety risk to the persons participating in the hunt or other persons in the vicinity of the hunt.
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 § 147.805 are adopted under this authority.
2. Regulatory Requirements
This final-form rulemaking amends § 147.805 to allow a mentor to accompany up to three of any combination of mentored youth and mentored adults at a time.
3. Persons Affected
Persons participating in the mentored hunting program within this Commonwealth may be affected by this final-form rulemaking.
4. Comment and Response Summary
The Commission received one official comment in support of 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 about 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), referred to as the Commonwealth Documents Law, and the regulations thereunder, 1 Pa. Code §§ 7.1 and 7.2 (relating to notice of proposed rulemaking required; 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 authorizing statute, orders that:
(a) The regulations of the Commission, 58 Pa. Code Chapter 147, are amended by amending § 147.805 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 publication in the Pennsylvania Bulletin.
STEPHEN SMITH,
Executive DirectorFiscal Note: Fiscal Note 48-508 remains valid for the final adoption of the subject regulation.
Annex A
TITLE 58. RECREATION
PART III. GAME COMMISSION
CHAPTER 147. SPECIAL PERMITS
Subchapter X. MENTORED HUNTING PROGRAM PERMIT § 147.805. Safety.
While engaged in mentored hunting activities:
(1) A mentored youth shall be stationary, within arm's reach and subject to the immediate control of the mentor at all times while in possession of any lawful hunting device. This limitation may not be construed to apply to mentored adults. Mentored adults shall be accompanied by the mentor within eyesight and in close proximity so that verbal instruction and guidance can easily be understood without the aid of electronic communication devices or sound amplification devices.
(2) A mentor may not accompany more than three mentored youth or mentored adults at any given time. A mentor may accompany a junior hunter in addition to accompanying a mentored youth or mentored adult within the same maximum total of three. The authorizations of this paragraph are not intended to expand the lawful hunting device limitation set forth in paragraph (3).
(3) A mentor and mentored youth may not collectively possess more than one lawful hunting device at any given time. This limitation may not be construed to apply to mentors and mentored adults participating in the mentored adult hunting program or junior hunters joining a mentored youth hunt.
(4) A mentor and mentored youth or mentored adult shall each comply with section 2524 of the act (relating to protective material required) and with any regulations promulgated by the Commission relating to protective material.
[Pa.B. Doc. No. 24-1247. Filed for public inspection September 6, 2024, 9:00 a.m.]
No part of the information on this site may be reproduced for profit or sold for profit.This material has been drawn directly from the official Pennsylvania Bulletin full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.
