PROPOSED RULEMAKING
[58 PA. CODE CH. 143]
Antlerless Deer Licenses
[32 Pa.B. 6370] To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its October 8, 2002, meeting proposed the following changes:
Amend Chapter 143, Subchapter C (relating to antlerless deer licenses) to provide for the processing and issuance of antlerless deer licenses in new, noncounty based deer management units.
This proposed rulemaking will have no adverse impact on the wildlife resources of this Commonwealth.
The authority for this proposed rulemaking is 34 Pa.C.S. (relating to Game and Wildlife Code) (code).
This proposed rulemaking was made public at the October 8, 2002, meeting of the Commission. Comments can be sent to the Director, Information and Education, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, until January 7, 2003.
1. Introduction
The Commission is proposing to amend Chapter 143, Subchapter C to provide for issuance of antlerless deer licenses on the basis of new deer management units.
2. Purpose and Authority
Antlerless deer licenses are currently issued on a county basis. This system does not take into account variations in topography, habitat and other factors affecting deer. To improve deer management, the Commission is proposing to issue antlerless deer licenses on the basis of improved management units.
Section 2722(g) of the code (relating to regulations) provides that: ''The Commission shall adopt regulations for: . . . (2) The administration, control and performance of activities conducted pursuant to the provisions of this chapter.'' The changes were proposed under this authority.
3. Regulatory Requirements
This proposed rulemaking will provide for the processing and issuance of antlerless deer licenses on a new, noncounty based deer management unit basis.
4. Persons Affected
Persons applying for antlerless deer licenses will be affected by this proposed rulemaking.
5. Cost and Paperwork Requirements
This proposed rulemaking will result in some additional cost to the Commission in the form of expenses to sort and forward antlerless deer license applications to county treasurers.
6. Effective Date
This proposed rulemaking will be effective on final-form publication in the Pennsylvania Bulletin and will remain in effect until changed by the Commission.
7. Contact Person
For further information regarding this proposed rulemaking, contact David E. Overcash, Director, Bureau of Law Enforcement, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717) 783-6526.
VERNON R. ROSS,
Executive DirectorFiscal Note: 48-150. (1) Game Fund; (2) Implementing Year 2003-04 is $30,000; (3) 1st Succeeding Year 2004-05 is $30,000; 2nd Succeeding Year 2005-06 is $30,000; 3rd Succeeding Year 2006-07 is $30,000; 4th Succeeding Year 2007-08 is $30,000; 5th Succeeding Year 2008-09 is $30,000; (4) 2002-03 Program--$N/A; 2001-02 Program--$N/A; 2000-01 Program--$N/A; (7) General Government Operations; (8) recommends adoption.
Annex A
TITLE 58. RECREATION
PART III. GAME COMMISSION
CHAPTER 143. HUNTING AND FURTAKER LICENSES
Subchapter C. ANTLERLESS DEER LICENSES § 143.41. Purpose and scope.
* * * * * (b) The Commission, after reviewing reproductive data, will establish the number of antlerless deer licenses allocated to each [county] deer management unit. Licenses will be distributed among county treasurers for issuance on the basis of percentage of land each county represents in the unit.
(c) An application shall be accepted without restriction or regard to the [Commonwealth] applicant's county of residence. The [county treasurer may choose one of the following methods of selecting] following procedure shall be adhered to when determining successful applicants for licenses:
(1) [Conduct an impartial, random public drawing.] Accept applications on a first-come-first-served basis.
(2) [Accept applications on a first-come-first-served basis.] The Commission in Harrisburg will serve as the central receiver for all mail-in applications in all deer management units.
(3) Envelopes received by first class mail delivered through and by the United States Postal Service will be examined as soon as practicable, unopened, to determine the number of applications received as well as to verify delivery to the intended deer management unit.
(4) This process of application distribution will continue until the available supply of licenses for that deer management unit is exhausted.
(d) The Commission may act in the capacity of [agent] a county treasurer for issuing antlerless licenses in a [county] deer management unit if authority to issue licenses has been removed from [the] any or all county [treasurer] treasurers in the deer management unit.
(e) Notwithstanding the provisions of this chapter limiting the number of licenses available, the Commission will [issue] authorize antlerless deer licenses to be issued regardless of an established quota to:
(1) A resident of this Commonwealth within 60 days of discharge from active duty under honorable conditions from the United States Armed Forces or United States Coast Guard. The issuing county treasurer will designate the license for a specific deer management unit by writing the unit's alphanumeric designation on the face of the license.
(2) A disabled veteran as defined in 34 Pa.C.S. § 2706 (b)(1) (relating to resident license and fee exemptions). The issuing county treasurer will designate the license for a specific deer management unit by writing the unit's alphanumeric designation on the face of the license.
(3) An applicant whom the Executive Director has determined to have been erroneously denied a license.
§ 143.42. Definitions.
The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise:
[County] Deer management unit allocation--The number of licenses allocated by the Commission to an individual [county] deer management unit.
* * * * * Date issued--The date placed on the license by a county treasurer or the Commission indicating when the license was mailed or given to the person named on the license.
Deer management unit--A Commission wildlife management unit or any other geographic area so designated by the Commission.
* * * * * Envelope--The official envelope issued with a regular hunting license which shall be used by the applicant to mail completed applications to the [county treasurer] Commission.
* * * * * License--The numbered back tag which is issued by the county treasurer or the Commission authorizing the holder thereof to hunt antlerless deer in a specific [county] deer management unit. [Each license has its own antlerless deer ear tag and antlerless deer harvest report card attached to be used only for tagging and reporting an antlerless deer harvested.]
[Public drawing--An impartial, random drawing, open to public view to select successful applicants for licenses.]
Unsold tag--An antlerless deer license permitting properly licensed persons to take an antlerless deer during any firearms antlerless deer season, archery or flintlock muzzleloader and muzzleloader deer seasons in the [county] deer management unit of issue.
* * * * * § 143.43. Preamble.
(a) An application shall be submitted to [a county treasurer] the Commission deer management unit address in Harrisburg and a license shall be issued [by him] only in accordance with the act and this subchapter.
* * * * * § 143.45. Completing and submitting applications.
(a) Except as otherwise provided in § 143.52 (relating to procedure for unlimited antlerless licenses) and for those applications submitted by qualified landowners, it is unlawful for a county treasurer to accept an application [in a manner other than by standard mail delivery through and by the United States Postal Service] other than from the Commission. County treasurers with unsold antlerless deer licenses shall accept applications over the counter and may immediately issue licenses beginning on the first Monday in November.
(b) [Except for qualified landowners, an application may not be accepted by a county treasurer prior to the start of the normal business day on the first Monday in August.] The Commission will not accept antlerless deer license applications other than by first class mail delivered through and by the United States Postal Service.
(c) [The application shall be legibly completed, in its entirety, in accordance with instructions on the application.] Applications may not be accepted by the Commission prior to the start of the normal business day on the first Monday in August.
(d) [The application shall be mailed only in the envelope provided.] The application shall be legibly completed, in its entirety, in accordance with instructions on the application.
(e) [Applications are limited to not more than three per envelope.] The application shall be mailed only in the envelope provided.
(f) [The appropriate preprinted number on the outside of the envelope shall be circled indicating the number of applications enclosed.] Applications are limited to not more than three per envelope.
(g) [The envelope shall contain return first class postage and be self-addressed. If requirements of this subsection are not met, applications shall be placed in a dead letter file and may be reclaimed by the applicant upon contacting the county treasurer. Postage, both forward and return, is the responsibility of the applicant.] The appropriate preprinted number on the outside of the envelope shall be circled indicating the number of applications enclosed.
(h) [Unless otherwise ordered by the Director, remittance shall be in the form of a negotiable check or money order payable to ''County Treasurer'' for applications enclosed, and in the total amount specified in the act for each license. Cash may be accepted by county treasurers for over the counter sales.] The envelope shall contain return first class postage and be self-addressed. If requirements of this subsection are not met, applications shall be placed in a dead letter file and may be reclaimed by the applicant upon contacting the Commission's Hunting License Division in Harrisburg. Postage, both forward and return, is the responsibility of the applicant.
(i) Unless otherwise ordered by the Director, remittance shall be in the form of a negotiable check or money order payable to ''County Treasurer'' for applications enclosed, and in the total amount specified in the act for each license. Cash may be accepted by county treasurers for over the counter sales.
§ 143.46. [Public drawing] (Reserved).
[(a) A county treasurer electing to conduct a public drawing shall do so on the first Wednesday after the first Monday in August. It is the responsibility of a county treasurer who elects to conduct a public drawing to contact the news media in the respective county and the Commission, no later than the second Friday in July, informing them of the time and place where the drawing will be held.
(b) An application received immediately preceding the drawing shall be included in the drawing.
(c) Envelopes containing applications shall be drawn and inspected, unopened, to determine if they comply with § 143.45 (relating to completing and submitting applications).
(d) If the conditions listed in § 143.45 are met, it constitutes initial acceptance, and the appropriate number of licenses shall be assigned. If these conditions are not met, the enclosed applications shall be rejected and returned to the sender as soon as possible, and no license will be assigned. The public drawing shall proceed in like manner until the county allocation is exhausted or applications are depleted.
(e) Applications received over and above the county allocation which are not drawn, shall be returned to the applicants in the appropriate envelope as soon as possible. The applications shall be mailed from the nearest United States Post Office no later than the close of the normal business day the first Wednesday following the drawing, and before issuance of a license.
(f) At the conclusion of the public drawing, the county treasurer shall, at his earliest convenience, open and inspect accepted applications. If an application in an accepted envelope fails to meet the applicable requirements in § 143.45, the applications in the envelope shall be rejected. The back tags initially assigned to that envelope shall be marked VOID across the face in ink. The rejected applications shall be returned by the county treasurer to the sender as soon as practicable, prior to issuance of a license.]
§ 143.47. [Procedure when public drawing does not exhaust county allocation of licenses] (Reserved).
[(a) Applications shall continue to be received by mail, and licenses shall be assigned to applicants meeting the requirements in § 143.45 (relating to completing and submitting applications) on a first-come-first-served basis until the county allocation is exhausted. An application which does not meet § 143.45 requirements will be returned to the sender as soon as practicable.
(b) A license shall be issued in accordance with § 143.49 (relating to issuing licenses).]
§ 143.48. First-come-first-served license issuance.
(a) [Except when conducting a public drawing as set forth in § 143.46 (relating to public drawing), a county treasurer shall accept envelopes] Envelopes containing applications will be accepted on a first-come-first-served basis. Envelopes shall be inspected by the Commission in Harrisburg, unopened, to determine if they comply with § 143.45 [(a),] (b), [(d)] (c), (e) and [(f)] (g) (relating to completing and submitting applications).
(b) If the conditions in § 143.45 [(a),] (b), [(d)], (c), (e) and [(f)] (g) are met, it constitutes initial acceptance, and the [appropriate number of licenses shall be assigned] applications will be forwarded to a county treasurer within the deer management unit for issuance of the appropriate number of licenses. If the conditions are not met, the enclosed applications shall be rejected and returned to the sender as soon as possible[, and no license will be assigned].
(c) The first-come-first-served procedure shall continue until the [county's] deer management unit's allocation is exhausted [or applications are depleted].
(d) Applications received over the [county] deer management unit's allocation shall be returned to the applicants as soon as [possible] practicable. [They shall be mailed from the nearest United States Post Office no later than the close of the normal business day on the first Friday following the first Monday in August, and before issuance of a license.]
(e) Envelopes containing applications initially accepted for the issuance of a license shall be opened and inspected by the county treasurer at his earliest convenience. If an application in an accepted envelope fails to comply with § 143.45 (relating to completing and submitting applications), applications enclosed in the accepted envelope shall be rejected and returned by the county treasurer to the sender as soon as practicable. The back tags initially assigned to the envelope shall be marked VOID across the face in ink. [Rejected applications shall be returned by the county treasurer to the sender as soon as practicable.]
§ 143.49. Issuing licenses.
(a) Licenses may [not] be issued by county treasurers [prior to the start of the normal business day on the first Thursday following the first Monday in August, or until excessive or rejected applications have been returned, whichever occurs first.] immediately following receipt of applications from the Commission.
(b) Licenses shall be validated by the addition of the county treasurer's or the Director'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. The county treasurer shall write in ink the assigned antlerless license number on the face of the check or money order.
(c) Except as otherwise provided in § 143.52 (relating to procedure for unlimited antlerless licenses) and for qualified landowners, licenses issued shall be delivered to successful applicants in the envelope by [standard] first class mail through and by the United States Postal Service. Licenses shall be placed with the United States Postal Service no later than the third Monday in September, except for licenses issued under § 143.51(f) (relating to application and issuance of unsold tags) which shall be placed with the United States Postal Service no later than [the fourth Monday in September] October 1. If more than one application is mailed to the county treasurer in the same envelope, the licenses shall be mailed to the person whose name appears on the return section of the envelope. The person receiving the additional licenses is responsible for delivering them to the appropriate people.
§ 143.50. Procedure for nonresidents of this Commonwealth.
[County treasurers] The Commission having unsold licenses on the third Monday in August and thereafter shall accept applications for those units in compliance with § 143.45 (relating to completing and submitting applications) from nonresidents of this Commonwealth.
§ 143.51. Application and issuance of unsold tags.
* * * * * (d) [Remittance] Unless otherwise ordered by the Director, 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.
(e) Unsold tags shall be validated by the addition of the county treasurer's or Director'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.
(f) Beginning on the second Monday in September, residents and nonresidents of this Commonwealth are eligible to apply for one additional unsold tag by [mail] mailing to the appropriate Commission deer management unit address in Harrisburg.
§ 143.52. Procedure for unlimited antlerless licenses.
(a) [Beginning on the fourth Monday in August, residents and nonresidents of this Commonwealth shall be eligible to apply to any county within the special regulations areas defined in § 141.1 (relating to special regulations areas) for an unlimited number of antlerless deer licenses by mail. Applicants shall be limited to submitting not more than three applications per official envelope.] The Executive Director must designate by April 30 of each year those deer management units where hunters will be allowed to apply for an unlimited number of antlerless deer licenses.
(b) [Beginning on the date specified in subsection (a), county treasurers within the special regulations areas defined in § 141.1 (relating to special regulations areas) shall accept antlerless applications over the counter from residents and nonresidents of this Commonwealth and may immediately issue licenses to applicants.] Beginning on the fourth Monday in August, residents and nonresidents of this Commonwealth shall be eligible to apply to designated deer management units for an unlimited number of antlerless deer licenses by mailing the application to the appropriate Commission deer management unit address in Harrisburg.
(c) Beginning on the date specified in subsection (b), county treasurers within the designated deer management units shall accept antlerless applications over the counter from residents and nonresidents of this Commonwealth and may immediately issue licenses to applicants.
§ 143.53. Reapplication.
(a) A person whose application has been rejected and returned may secure a new official envelope from a hunting license issuing [agency] agent and reapply for a license by:
(1) If applicable, correcting the errors which caused the original application to be rejected and [forwarding] returning it to the [county treasurer] Commission deer management unit address in Harrisburg.
(2) Changing on the application the designated [county] deer management unit in which the applicant desires to hunt and forwarding it to [the county treasurer] another Commission deer management unit address in Harrisburg.
(b) A person who was issued a license [which] that was subsequently lost in the United States mail and never received by the licensee may, upon submitting an affidavit stating this fact, receive a replacement license from [the originating] a county treasurer [at no additional cost] within the deer management unit for which the license was intended. There will be no additional cost for this license Prior to issuing a replacement license, county treasurers shall first verify through their records or through communication with another county treasurer that the applicant was issued the original license.
§ 143.54. Validity of license.
An antlerless deer license is valid for taking antlerless deer only in the [county] deer management unit designated on the antlerless deer license.
[Pa.B. Doc. No. 02-2314. Filed for public inspection December 27, 2002, 9:00 a.m.]
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