RULES AND REGULATIONS
Title 58--RECREATION
GAME COMMISSION
[58 PA. CODE CHS. 141 AND 143]
Hunting Hours; Conditions for Appointment
[30 Pa.B. 765] To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its October 5, 1999, meeting, adopted the following changes:
Amend § 141.4 (relating to hunting hours) by making an editorial change to paragraph (2). The proposed change is required as a result of the deletion of a paragraph and resulting renumbering of the paragraphs.
Amend § 143.27 (relating to conditions for appointment) by raising the minimum security required for license issuing agents.
These amendments are adopted under the authority of 34 Pa.C.S. (relating to Game and Wildlife Code) (code).
Amendment to § 141.4
1. Introduction
To more effectively manage the wildlife resources of this Commonwealth, the Commission at its meeting held on October 5, 1999, proposed, and at its January 11, 2000, meeting finally adopted, an editorial change to § 141.4. The change is required as a result of the deletion of a subparagraph and resulting renumbering of the subsections by a regulation finally adopted at the Commission's June 8, 1999, meeting. This change was adopted under sections 322(c)(1) and 2102(a) of the code (relating to powers and duties of commission; and regulations).
2. Purpose and Authority
At its June 8, 1999, meeting, the Commission expanded hunting hours for hunting mourning doves by deleting paragraph (1) of § 141.4. In doing so, the Commission failed to change a reference in then paragraph (3) to paragraph (2), which became paragraph (1). The adopted change will remedy this situation.
Section 322(c)(1) of the code empowers the Commission to fix daily shooting or taking hours. Section 2102(a) of the code authorizes the Commission to promulgate regulations relating to the hunting of game or wildlife in this Commonwealth. The change was adopted under this authority.
3. Regulatory Requirements
The amendments do not result in additional regulatory requirements but rather only clarify the existing regulation.
4. Persons Affected
The amendment is editorial in nature and will not impact anyone.
5. Comment Response Summary
No official comments were received with regard to the adopted change.
6. Cost and Paperwork Requirements
The amendments should not result in any additional cost or paperwork.
Amendment to § 143.27
1. Introduction
To more effectively manage the wildlife resources of this Commonwealth and administer its license issuing system, the Commission at its meeting held on October 5, 1999, proposed, and at its January 11, 2000, meeting finally adopted, changing § 143.27 to raise the minimum security required for license issuing agents from $10,000 to $18,000. This change was adopted under section 2722(g) of the code (relating to authorized license-issuing agents).
2. Purpose and Authority
With the July 1, 1999, effective date of amendments to the code providing for license fee increases, many hunting license issuing agents discovered that they did not have sufficient security to allow them to obtain adequate supplies of licenses for issuance. In addition to reducing the availability of licenses, this resulted in greater workload for the agents and the Commission by reason of the need to order licenses more frequently. As a result, the Commission has decided to amend § 143.27 to raise the minimum security to be posted by agents from $10,000 to $18,000.
Section 2722(g) of the code directs the Commission to adopt regulations for the administration, control and performance of license issuance. The amendment is made under that authority.
3. Regulatory Requirements
The amendment increases the amount of security which must be posted by most hunting license issuing agents but should reduce the amount of time and effort required to order licenses.
4. Persons Affected
Hunting license issuing agents who must post bonds will be affected by the change.
5. Comment and Response Summary
No official comments were received with regard to the amendment.
6. Cost and Paperwork Requirements
The amendment will result in additional cost to agents for security. At the same time, it should decrease the amount of paperwork and ordering costs. Also, agents did receive a fee increase when the license fees were increased.
Effective Date
The amendment is effective on final publication in the Pennsylvania Bulletin and will remain in effect until changed by the Commission.
Contact Person
For further information on the amendment, contact William L. Hutson, 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 Chapters 141 and 143, are amended by amending § 141.4 to read as set forth at 29 Pa.B. 6118 and by amending § 143.27 to read as set forth in Annex A.
(b) The Executive Director of the Commission shall submit this order, 29 Pa.B. 6118 and Annex A, and deposit them with the Legislative Reference Bureau as required by law.
(c) This order is effective upon final publication in the Pennsylvania Bulletin.
VERNON R. ROSS,
Executive DirectorFiscal Note: Fiscal Note 48-114 remains valid for the final adoption of the subject regulations.
Annex A
TITLE 58. RECREATION
PART III. GAME COMMISSION
CHAPTER 143. HUNTING AND FURTAKER LICENSES
Subchapter B. APPOINTMENT OF AGENTS § 143.27. Conditions for appointment.
A person desiring consideration for appointment as an agent shall meet the following conditions:
(1) Be a resident of this Commonwealth or an entity registered to do business in this Commonwealth.
(2) Operate a bona fide sporting goods sales outlet where the public expects to find this service.
(3) Be open to the public during reasonable daylight and evening hours.
(4) Not operate on a seasonal or part-time basis.
(5) Agree to and demonstrate ability to provide full license service and cooperation to the public throughout the entire license sales period, and keep records required by the Commission and by statute.
(6) Provide security to the Commission in an amount of at least $18,000.
[Pa.B. Doc. No. 00-238. Filed for public inspection February 11, 2000, 9:00 a.m.]
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