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PA Bulletin, Doc. No. 98-1791

RULES AND REGULATIONS

[58 PA. CODE CH. 143]

Hunting and Furtaker Licenses; Antlerless Deer Licenses

[28 Pa.B. 5487]

   To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its October 6, 1998 meeting, adopted the following changes:

   Amend §§ 143.42 and 143.51 (relating to definitions; and application and issuance of surplus tags) to provide for the issuance of unsold antlerless deer licenses by amending these sections to reflect the Commission's changes in this process. These amendments will provide for the issuance of surplus tags in the counties of Armstrong, Beaver, Cambria, Fayette, Greene, Indiana, Somerset, Washington and Westmoreland.

   These amendments are adopted under the authority of 34 Pa.C.S. (relating to the Game and Wildlife Code) (code).

Amendment to Chapter 143

1.  Introduction

   To more effectively manage the wildlife resources of this Commonwealth, the Commission at its meeting held on April 21, 1998, proposed changes to Chapter 143 to modify provisions and procedures for issuing surplus antlerless deer licenses. At its July 14, 1998, meeting, the Commission finally adopted only a change to § 143.45 (relating to completing and submitting applications) to allow over the counter issuance of unsold antlerless deer licenses starting on the first Monday in November. At its October 6, 1998, meeting, the Commission finally adopted changes to allow for the issuance of surplus antlerless licenses above those issued to muzzleloaders and in special regulation areas only in counties included in the Commission's Southwest Region. These changes were adopted under authority contained in section 2722(g) of the code, relating to regulations.

2.  Purpose and Authority

   As a result of the elimination of bonus antlerless deer licenses and their replacement by surplus licenses, which involved issuance only by mail, many of the allocated antlerless deer licenses were not sold in 1997. This fact could severely impact the Commission's ability to manage deer populations in this Commonwealth. After much deliberation, the Commission, at its October 6, 1998, meeting decided to expand the issuance of surplus antlerless licenses only in those counties included in the Commission's Southwest Region which includes Armstrong, Beaver, Cambria, Fayette, Greene, Indiana, Somerset, Washington and Westmoreland Counties. Allegheny County, as a county in a special regulation area, is already authorized to issue surplus licenses. It is in these counties that deer population control is most needed.

   Section 2722(g) of the code directs the Commission to adopt regulations for the administration, control and performance of license issuance. The change is made under this authority.

3.  Regulatory Requirements

   The change will relax current regulatory requirements.

4.  Persons Affected

   County treasurers in the Southwest Region and their employes and persons wishing to hunt antlerless deer in counties in the Southwest Region will be affected by the changes.

5.  Comment and Response Summary

   No official comments were received with regard to the proposed changes but the Commission has continued to receive expressions of concern about deer populations in parts of this Commonwealth.

6.  Cost and Paperwork Requirements

   The changes will not result in any additional cost or paperwork except to the extent of increasing sales of already allocated licenses.

7.  Effective Date

   The change will be effective on filing by the Legislative Reference Bureau.

8.  Contact Person

   For further information on the change, contact James R. Fagan, Director, Bureau of Law Enforcement, (717) 783-6526, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797.

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) and the regulations thereunder, 1 Pa. Code §§ 7.1 and 7.2.

   (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 143, are amended by amending § 143.42 to read as set forth at 28 Pa.B. 2814 (June 20, 1998), and by amending § 143.51 to read as set forth in Annex A.

   (b)  The Executive Director of the Commission shall submit this order, 28 Pa.B. 2814 and Annex A and deposit them with the Legislative Reference Bureau as required by law.

   (c)  This order amending §§ 143.42 and 143.51, shall become effective upon final publication in the Pennsylvania Bulletin.

DONALD C. MADL,   
Executive Director

   (Editor's Note:  Amendments to §§ 141.6, 141.62, 141.63, 143.45, included in the proposal at 28 Pa.B. 2814 were adopted at 28 Pa.B. 3801 (August 8, 1998). The proposal to amend §§ 143.52 and 143.55, included in the proposal at 28 Pa.B. 2814, has been withdrawn.)

   Fiscal Note: 48-103A. No fiscal impact; (8) recommends adoption.

Annex A

TITLE 58.  RECREATION

PART III.  GAME COMMISSION

CHAPTER 143.  HUNTING AND FURTAKER LICENSES

Subchapter C.  ANTLERLESS DEER LICENSES

§ 143.51.  Application and issuance of surplus tags.

   (a)  County treasurers shall accept and process surplus applications from applicants in possession of a current flintlock muzzleloader license stamp beginning the third Monday in August. Surplus applications accepted by county treasurers on the third Monday in August shall have the applicant's flintlock muzzleloader license number written in the upper corners of the surplus application. The applicant shall write or indicate ''Flintlock/Muzzleloader'' in the lower left corner of the official envelope.

   (b)  Except as provided in subsection (a) and § 143.52 (relating to procedures for unlimited antlerless licenses), beginning on the fourth Monday in August, residents and nonresidents of this Commonwealth shall be eligible to receive a surplus tag in one of the following counties: Armstrong, Beaver, Cambria, Fayette, Greene, Indiana, Somerset, Washington and Westmoreland.

   (c)  An applicant for this tag may not use the regular antlerless deer license application. An applicant shall only use the surplus application contained in the ''Hunting and Trapping Digest'' or a reasonable facsimile thereof.

   (d)  The applicant shall use the official antlerless deer license application envelope.

   (e)  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.

   (f)  Surplus tags shall be validated by the addition of the county treasurer's signature or signature stamp, date of issue and the applicant's regular hunting license back tag number. The county treasurer shall write in ink the applicant's regular hunting license back tag number on the antlerless deer ear tag.

[Pa.B. Doc. No. 98-1791. Filed for public inspection October 30, 1998, 9:00 a.m.]


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