PROPOSED RULEMAKING
GAME COMMISSION
[58 PA. CODE CHS. 135, 141 AND 143]
Lands and Buildings; Hunting and Trapping; and Hunting and Furtaker Licenses
[26 Pa.B. 3645] To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its June 25, 1996, meeting, proposed the following amendments:
Amend § 135.48 (relative to State Game Lands) to provide for additional time to use certain roads on designated State Game Lands by individuals issued a Disabled Persons Permit under section 2923(a) of the code (relating to disabled person permits) and to give those permittees the privilege of having their children accompany them, provided the children are in possession of a valid junior hunting or furtakers license.
Amend § 141.25 (relating to early and late goose hunting seasons) by removing the language concerning the required permit since it will no longer be necessary due to the new Migratory Game Bird License.
Amend Chapter 143 by adding Subchapter J (relating to migratory game bird license). This new subchapter will provide for the implementation of this new license authorized by the act.
These amendments will have no adverse impact on the wildlife resources of this Commonwealth.
The authority for the proposal is 34 Pa.C.S. (relating to the Game and Wildlife Code) (code).
These proposals were made public at the June 25, 1996, meeting of the Commission and comments on these proposals can be sent to the Executive Director of the Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797 until August 30, 1996.
Proposed Amendment to § 135.48
1. Introduction
During meetings held between representatives of the Commission and representatives of organizations of sportsmen with disabilities (Sportsmen), Sportsmen requested changes to the Commission's regulations relating to access to State game lands by individuals with a disability. After careful staff consideration of these requests, the Commission, at its June 25, 1996, meeting, proposed changing § 135.48 to permit wider access for sportsmen holding disabled permits. These changes are adopted under section 721(a) of the code (relating to control of property) and are consistent with the spirit of Title II of the Federal Americans with Disabilities Act.
2. Purpose and Authority
As was indicated in the Introduction, representatives of the Commission have met with representatives of groups of sportsmen with disabilities to discuss matters of mutual concern. During one meeting, a request was made to open the designated roads on game lands prior to the hunting season to allow individuals holding disabled permits to scout for deer. At another meeting a request was made to allow children, who cannot legally hunt alone, to accompany a disabled permit holder in addition to the one person currently authorized. After careful consideration, it was decided that both of these requests could be granted in the form of the proposed changes.
Section 721(a) of the code authorizes the Commission to promulgate regulations necessary to properly manage lands under its control. Section 2923 of the code provides for disabled person permits and allows individuals holding these permits to hunt from a vehicle.
3. Regulatory Requirements
Both of the proposed changes relax current restrictions. Children accompanying a disabled permit holder would be required to hold a valid junior hunting or furtakers license.
4. Persons Affected
Individuals holding disabled person permits and their families will be affected by the amendments.
5. Cost and Paperwork Requirements
The proposed amendments would not involve additional cost or paperwork.
Proposed Amendment to § 141.25
1. Introduction
Under Act No. 1996-19 (Act 19), adopted on April 4, 1996, the General Assembly adopted changes to sections 102, 2705 and 2709 of the code (relating to definitions; classes of licenses; and license costs and fees) to provide for migratory game bird licenses. With the passage of Act 19, there is no longer a need for the special permit created for the early and late Canada goose seasons. As a result, at its meeting held on June 25, 1996, the Commission proposed eliminating § 141.25(d), relating to permit required. This action is being proposed under section 2901(b) of the code (relating to regulations).
2. Purpose and Authority
The early and late Canada goose permit was created originally to obtain information with regard to goose harvests in the seasons involved. This information will now be obtained through return of survey cards completed as part of the migratory game bird license issuing process. The permit is therefore unnecessary and the Commission is proposing changes to the regulations to eliminate it. The permit was created under section 2901(b) of the code and is being eliminated under that same authority.
3. Regulatory Requirements
The proposed amendment eliminates a requirement.
4. Persons Affected
Individuals hunting Canada geese in the early or late seasons would be affected.
5. Cost and Paperwork Requirements
Current cost and paperwork requirements would be eliminated as a result of the proposed amendment.
Proposed amendment to Chapter 143
1. Introduction
Under Act 19, adopted on April 4, 1996, the General Assembly adopted changes to sections 102, 2705 and 2709 to provide for migratory game bird licenses. Section 2705(14) of the code specifically provides for these licenses to be ''... subject to the regulations, requirements and conditions which the Commission shall establish.'' At its meeting held on June 25, 1996, the Commission proposed adding Subchapter J, relating to hunting and furtaker licenses, to provide for the implementing regulations.
2. Purpose and Authority
By final rule adopted by the United States Fish and Wildlife Service published in the Federal Register on August 18, 1995 (Vol. 60, No. 160), 50 CFR Part 20 was amended to provide for a Migratory Bird Harvest Information Program (Program). That regulation contemplated that the Commonwealth would start participating in the Program in 1996.
In order to implement the Commonwealth participation in the Program, the General Assembly enacted Act 19, which changed sections 102, 2705 and 2709 of the code to provide for a migratory game bird license. Those revisions specifically contemplated the adoption by the Commission of implementing regulations. In addition, section 2721 of the code (relating to license issuance supervision) requires that license issuance be in accordance with regulations of the Commission. The proposed amendments fulfill these purposes. In addition to providing procedures for the issuance of migratory game bird licenses, the proposed amendments provide for submission of the survey cards required by the Federal Program.
3. Regulatory Requirements
Act 19 requires the purchasing of a migratory game bird license in order to hunt migratory game birds. The proposed amendments would provide detailed procedures and require return of the survey card under the Federal Program.
4. Persons Affected
Individuals wishing to hunt migratory game birds in this Commonwealth and authorized hunting license issuing agents would be affected by the proposed amendments.
5. Cost and Paperwork Requirements
The only cost for the migratory game bird license is 75¢ which is the hunting license issuing agent's fee. A simple application for the license and survey card would need to be completed prior to issuance. Hunting license issuing agents will be required to return completed survey cards directly to the United States Fish and Wildlife Service once per month.
Effective Dates
The proposed amendments would be effective on final adoption and publication in the Pennsylvania Bulletin and would remain in effect until changed by the Commission.
Contact Person
For further information on the proposed amendments, contact James R. Fagan, Director, Bureau of Law Enforcement, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717) 783-6526.
DONALD C. MADL,
Executive DirectorFiscal Note: 48-94. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 58. RECREATION
PART III. GAME COMMISSION
CHAPTER 135. LANDS AND BUILDINGS
Subchapter C. STATE GAME LANDS § 135.48. State game lands roads open to vehicular traffic for disabled persons.
(a) Vehicular traffic permitted. Vehicular traffic will be permitted on designated roads on State game lands for persons issued a Disabled Persons Permit under section 2923(a) of the act (relating to disabled person permits).
(1) Roads will be open for one-way travel, weather permitting, from 14 days prior to the opening day of archery season to the closing day of the muzzleloader/archery season.
(2) A permittee may be accompanied by only one person, and that person shall be in possession of a valid Pennsylvania hunting or furtakers license. The permittee may also be accompanied by one or more of the permittee's children who hold a valid junior hunting or furtakers license.
* * * * *
CHAPTER 141. HUNTING AND TRAPPING
Subchapter B. SMALL GAME § 141.25. Early and late goose hunting seasons.
* * * * * [(d) Permit required.
(1) Licensed hunters wishing to hunt Canada geese during the early or late season shall obtain a permit and goose harvest report card for the respective season in one of the following ways:
(i) By sending their name, address and telephone number together with a self-addressed stamped envelope to the Harrisburg Office of the Commission.
(ii) By submitting their name, address and telephone number at the sales counter of the Commission's Harrisburg Office or one of its regional offices.
(2) Early and late goose hunting permits will be issued free-of-charge.
(3) Individuals hunting geese during the early or late goose season shall have in their possession a valid Pennsylvania hunting license, the appropriate early or late goose hunting permit and a Migratory Bird Hunting and Conservation (Duck) Stamp, if they are 16 years of age or older.
(4) Recipients of early and late goose hunting permits shall return a properly completed goose harvest report card to the Harrisburg Office of the Commission within 10 days following the close of the respective early and late seasons. Failure to return a properly completed goose harvest report card could result in the loss of eligibility to receive future early or late goose season permits.
(e)] (d) Unlawful acts. It is unlawful to[: (1) Hunt] hunt Canada geese during the early or late goose hunting seasons inside the boundaries of the closed areas.
[(2) Hunt Canada geese during the early or late goose hunting seasons without the required permit for the respective season.
(3) Fail to return the goose harvest report card within the allotted time, even if no harvest occurred.
(4) Provide false information on the goose harvest report card.]
CHAPTER 143. HUNTING AND FURTAKER LICENSES (Editor's Note: The following subchapter is proposed to be added and is being printed in regular typeface to enhance readability.)
Subchapter J. MIGRATORY GAME BIRD LICENSE Sec.
143.181. Purpose and scope. 143.182. Definitions. 143.183. Application. 143.184. Issuance of license. 143.185. The license. 143.186. Processing survey cards. 143.187. Unlawful acts. 143.188. Penalties. § 143.181. Purpose and scope.
This subchapter establishes rules for application and issuance of Migratory Game Bird Licenses and survey cards.
§ 143.182. Definitions.
The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise:
Migratory Game Bird License--The numbered, wallet-size card authorizing the holder thereof to hunt for migratory game birds. The license is not valid unless used in conjunction with a regular resident or nonresident hunting license.
Survey card--The matching, numbered Migratory Game Bird Harvest Information Program card that is attached to the Migratory Game Bird License. The survey card will be completed at the time the license is issued.
§ 143.183. Application.
Application may be made when purchasing a hunting license, or at any time thereafter. In addition to filling out the application for a hunting license, the applicant shall complete the matching numbered Migratory Game Bird Harvest Information Program survey card.
§ 143.184. Issuance of license.
After confirming that the survey card has been completed in its entirety, the issuing agent shall enter the date of issuance in ink on the license and the matching numbered survey card in the spaces provided and issue the license.
§ 143.185. The license.
The Migratory Game Bird License shall be signed by the holder in the space provided and shall be carried at all times while hunting for migratory game birds. The holder shall produce the license upon demand of an officer authorized to enforce the act and this title.
§ 143.186. Processing survey cards.
Issuing agents shall forward survey cards completed each month directly to the United States Fish and Wildlife Service, Office of Migratory Bird Management, no later than the 5th day of the following month. Issuing agents shall forward the survey cards in the postage-paid envelopes provided by the Commission, as per the in-structions set forth in the current issuing agents instruction manual.
§ 143.187. Unlawful acts.
It is unlawful to:
(1) Issue a Migratory Game Bird License contrary to this subchapter.
(2) Process survey cards contrary to § 143.186 (relating to processing survey cards).
(3) Apply for or receive a Migratory Game Bird License contrary to the act or this subchapter.
(4) Violate other provisions of this subchapter.
§ 143.188. Penalties.
A person violating this subchapter shall, upon conviction, be sentenced to pay the penalties prescribed in the act.
[Pa.B. Doc. No. 96-1254. Filed for public inspection August 2, 1996, 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.
