PROPOSED RULEMAKING
GAME COMMISSION
[58 PA. CODE CHS. 131 AND 135]
Field Acknowledgment of Guilt; Controlled Goose Hunting
[29 Pa.B. 2578] To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) at its April 9, 1999, meeting proposed the following amendments:
Add § 131.7 (relating use of the field acknowledgment of guilt in Philadelphia County) to allow district wildlife conservation officers to accept penalties for guilty pleas with the field acknowledgment of guilt, therefore assuring that the penalties will be deposited in the Game Fund.
Amend Chapter 135, Subchapter F (relating to special wildlife management areas) to allow the administration of special wildlife management areas at Middle Creek and Pymatuning to more efficiently manage these areas as well as provide more opportunities to hunters and trappers.
These proposed amendments will have no adverse impact on the wildlife resources of this Commonwealth.
The authority for this proposed rulemaking is 34 Pa. Code (relating to Game and Wildlife Code) (code).
These proposals were made public at the April 9, 1999, 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 May 31, 1999.
Proposed Addition of § 131.7
1. Introduction
To more effectively administer the code, the Commission at its April 9, 1999, proposed adding § 131.7. This addition was necessitated by and proposed as a result of changes to section 926 of the code (relating to acknowledgment of guilt and receipt for payment) made by the act of December 21, 1998 (P. L. 1274, No. 166) (Act 166).
2. Purpose and Authority
Act 166 added a subsection (d) to section 926 of the code which reads as follows:
(d) Limitations of acknowledgments of guilt. On and after June 30, 1999, acknowledgments of guilt pursuant to this section shall be used only in such counties as the commission may designate by regulation for such use. The commission shall only designate such counties for continued use of field acknowledgment as it finds to have summary offense procedures that differ from Statewide summary offense procedures.The Commission has determined that there is only one county that currently fits that description--Philadelphia County. As a result, the Commission has proposed to designate Philadelphia County for continued use of field acknowledgments of guilt on and after June 30, 1999.
3. Regulatory Requirements
The proposed designation does not change anything from what currently exists in Philadelphia County.
4. Persons Affected
Individuals violating the code in Philadelphia County could be affected by the proposed designation.
5. Cost and Paperwork Requirements
None, over what currently exists.
6. Effective Date
This proposed change would be effective June 30, 1999, and would remain in effect until changed by the Commission.
Proposed Amendment of Chapter 135, Subchapter F
1. Introduction
To better administer the special wildlife management areas at Middle Creek and Pymatuning, the Commission at its April 9, 1999, proposed making several changes to Subchapter F. The changes include a provision for the issuance of trapping permits by drawing in addition to the current first-come issuance; provisions changing the application deadlines and drawing dates for controlled goose hunting area blinds, a reduction in the goose limit in the controlled goose hunting areas at the Middle Creek Wildlife Management Area (MCWMA); a reduction in the number of controlled duck hunting area blinds at Pymatuning Wildlife Management Area (PWMA); and a provision for a designee to set dates for drawings of permits for special rabbit and squirrel hunts. This proposal is made under the authority contained in section 721(a) of the code (relating to control of property).
2. Purpose and Authority
The administration of the special wildlife management areas at MCWMA and PWMA is a dynamic process which sometimes requires adjustments to procedures. The providing of an option for the random drawing of names of applicants for trapping permits and adjustment of timing of the random drawing of applications for goose blinds should make the processes more efficient and fairer. It has also been decided that the bag limit in the controlled goose hunting areas at MCWMA should be reduced from two to one and that the number of permits to hunt in the controlled duck hunting areas PWMA should be reduced from 185.
Finally, the Commission is proposing that the Executive Director be authorized to delegate the setting of the dates for drawing of applications for permits to participate in special rabbit and squirrel hunts in controlled hunting areas of MCWMA. These changes are being proposed under authority contained in section 721(a) of the code which requires the Commission to promulgate regulations necessary to properly manage State game lands.
3. Regulatory Requirements
For the most part, the proposals involve changes to procedures with no additional requirements. The bag limit in the controlled goose hunting areas at the MCWMA and the number of permits to hunt ducks in the controlled duck hunting area of the PWMA will be reduced.
4. Persons Affected
Persons wishing to engage in the specified activities at the PWMA and MCWMA may be affected by the proposed changes.
5. Cost and Paperwork Requirements
The proposed changes would not result in any additional cost or paperwork.
6. Effective Date
These proposed changes would be effective on final publication in the Pennsylvania Bulletin and would remain in effect until changed by the Commission.
Contact Person
For further information on the proposed changes, 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: 48-110. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 55. RECREATION
PART III. GAME COMMISSION
CHAPTER 131. PRELIMINARY PROVISIONS § 131.7. Use of the field acknowledgment of guilt in Philadelphia County.
The field acknowledgment of guilt may be used by district wildlife conservation officers to accept penalties on guilty pleas for summary violations of the act and its attendant regulations in Philadelphia County for both resident and nonresident offenders.
CHAPTER 135. LANDS AND BUILDINGS
Subchapter F. SPECIAL WILDLIFE MANAGEMENT AREAS § 135.102. Controlled goose and controlled duck hunting areas.
The registration for controlled goose hunting areas:
* * * * * (b) Trapping.
(1) General. Trapping permits will be issued on a first-come, first-served basis or by drawing until the quota, established by the Director or a designee, has been filled.
* * * * * § 135.103. Registration for controlled goose hunting areas.
The registration for controlled goose hunting areas:
* * * * * (2) Reservation requests on official application forms shall be submitted by mail. [An application received later than September 10 will be rejected.] An application shall contain requested information, including the applicant's current valid hunting license back tag number, including letter.
(i) Middle Creek Wildlife Management Area. Applications shall be received by the close of business on the second Tuesday in August. Applications received later than the close of business on the second Tuesday in August will be rejected.
(ii) Pymatuning Wildlife Management Area. Applications shall be received by the close of business on the second Saturday in September. Applications received later than the close of business on the second Saturday in September will be rejected.
* * * * * (4) Selections of mailed application forms will be made by random drawing from all eligible applications submitted. [The drawing will be held on the first Saturday following September 10 at the registration center and shall be open to the public.] The Director will establish, no later than 20 days prior to the drawing, the number of applications to be drawn.
(i) Middle Creek Wildlife Management Area. The drawing will be held on the second Wednesday in August and shall be open to the public.
(ii) Pymatuning Wildlife Management Area. The drawing will be held on the third Saturday in September and shall be open to the public.
(iii) * * *
[(ii)] (iv) * * *
* * * * * § 135.104. Restrictions on controlled goose hunting areas.
It is unlawful to:
* * * * * (9) Take more than one goose per person [except at the Middle Creek Wildlife Management Area where the limit will be two as provided in § 141.26 (relating to early Canada goose hunting season on Middle Creek Wildlife Management Area)]. Duck limits shall conform with Chapter 139 (relating to seasons and bag limits) and 50 CFR Part 20 (relating to migratory bird hunting).
§ 135.106. Pymatuning Wildlife Management Area.
* * * * * (b) The following apply to reservations for the controlled duck hunting area:
(1) Reservations will be made on each designated shooting day at the registration center. Hunting is limited to [100] 85 hunters at one time on the two areas combined. Reservations will be issued on a first-come, first served basis if there are [100] 85 hunters or less [making application] applying at the registration center and 1 1/2 hours prior to the opening hunting hour. If there are more than [100] 85 applicants present, a drawing shall be held to determine to whom the [100] 85 permits are issued.
* * * * * § 135.107. Middle Creek Wildlife Management Area.
* * * * * (c) The following apply to special rabbit and squirrel hunts on the controlled hunting areas:
* * * * * (2) A drawing will be conducted at the visitor center to determine successful applicants on dates designated by the Director or a designee.
* * * * *
[Pa.B. Doc. No. 99-784. Filed for public inspection May 14, 1999, 9:00 a.m.]
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