PROPOSED RULEMAKING
[58 PA. CODE CH. 143]
Hunting and Furtaker Licenses
[34 Pa.B. 1782] To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its January 27, 2004, meeting, proposed the following rulemaking:
Amend § 143.48 (relating to first-come-first-served license issuance) to remove the reference to § 143.45(g) (relating to completing and submitting applications), which will be eliminated; amend § 143.53 (relating to reapplication) to permit an applicant to receive a replacement license from any county treasurer; and amend §§ 143.55 and 143.56 (relating to unlawful acts; and penalties) to permit the revalidation of a license by submission of the required payment and fees despite prior submission of a nonnegotiable check.
The proposed rulemaking will have no adverse impact on the wildlife resources of this Commonwealth.
The authority for the proposed rulemaking is 34 Pa.C.S. (relating to Game and Wildlife Code) (code).
This proposed rulemaking was made public at the January 27, 2004, meeting of the Commission. Comments can be sent until April 16, 2004, to the Director, Information and Education, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797.
1. Introduction
The Commission is proposing to amend § 143.48 to remove the reference to § 143.45(g), which will be eliminated, § 143.53 to permit an applicant to receive a replacement license from any county treasurer and §§ 143.55 and 143.56 to permit the revalidation of a license by submission of the required payment and fees despite prior submission of a nonnegotiable check.
2. Purpose and Authority
Currently, § 143.48(b) makes reference to § 143.45(g). Section 143.45(g) provides the requirement that an applicant for an antlerless deer license or licenses identify the number of applications enclosed in the application envelope by circling the appropriate preprinted number on the outside of the envelope. This requirement will be eliminated, therefore the Commission is proposing to delete the reference to § 143.45(g) in § 143.48(b) to maintain clarity and eliminate ''dead-end references'' in the regulations.
Current regulations require that replacement license applicants apply to a county treasurer within the wildlife management unit where the original license was issued. The Commission is proposing to amend § 143.53 to allow applicants to apply to any current treasurer for a replacement license. This amendment is intended to make the reapplication process more convenient for hunters and allow county treasurers to provide better service for their constituents.
Current regulations stipulate that a nonnegotiable check that is submitted as payment for a license automatically voids the license and subjects it to confiscation by an officer of the Commission. The Commission is proposing to amend §§ 143.55 and 143.56 to the extent that a license will not be automatically and permanently voided when it is paid for with a nonnegotiable check. Rather, the Commission will permit a license holder to revalidate the license by submitting the required payment and fees charged for processing the nonnegotiable check to the county treasurer.
Section 2722(g)(2) of the code (relating to authorized license-issuing agents) directs the Commission to adopt regulations for the administration, control and performance of activities related to license issuing. Section 2102(a) of the code (relating to regulations) provides that ''the Commission shall promulgate such regulations as it deems necessary and appropriate concerning game or wildlife and hunting or furtaking in this Commonwealth, including regulations relating to the protection, preservation and management of game or wildlife and game or wildlife habitat, permitting or prohibiting hunting or furtaking, the ways, manner, methods and means of hunting or furtaking, and the health and safety of persons who hunt or take wildlife or may be in the vicinity of persons who hunt or take game or wildlife in this Commonwealth.'' The amendments to §§ 143.48, 143.53, 143.55 and 143.56 are proposed under this authority.
3. Regulatory Requirements
The proposed rulemaking will remove reference to § 143.45(g) in § 143.48. The amendments to § 143.53 will permit applicants to receive a replacement license from any county treasurer rather than just the original license issuing county treasurer. The amendments to §§ 143.55 and 143.56 will also permit the revalidation of a license by submission of the required payment and fees despite prior submission of a nonnegotiable check.
4. Persons Affected
Persons applying for antlerless deer licenses or replacement licenses and persons wishing to revalidate a license voided by the submission of a nonnegotiable check will be affected by the proposed rulemaking.
5. Cost and Paperwork Requirements
The proposed rulemaking should not result in additional cost or paperwork.
6. Effective Date
The 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 the proposed rulemaking, contact Michael A. Dubaich, Director, Bureau of Law Enforcement, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717) 783-6526.
VERNON R. ROSS,
Executive DirectorFiscal Note: 48-180. 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 § 143.48. First-come-first-served license issuance.
* * * * * (b) If the conditions in § 143.45(b), (c)[,] and (e) [and (g)] are met, it constitutes initial acceptance, and the applications will be forwarded to a county treasurer within the wildlife management unit for issuance of the appropriate number of licenses. If the conditions are not met, the enclosed applications will be rejected and returned to the sender as soon as possible.
* * * * * § 143.53. Reapplication.
* * * * * (b) A person who was issued a license 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 [a county treasurer within the wildlife management unit for which the license was intended] any county treasurer. 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.
§ 143.55. Unlawful acts.
It is unlawful:
* * * * * [(6) For a person to submit a nonnegotiable check or sight draft as payment for a license issued under this chapter.]
§ 143.56. Penalties.
* * * * * [(b) Submitting a nonnegotiable check as payment for a license is a violation of this chapter and section 502 of the act (relating to collection fee for uncollectible checks) and renders the license issued under this chapter invalid and subject to confiscation by an officer of the Commission. A county treasurer may be reimbursed for fees charged for processing the nonnegotiable check. The fees shall be paid from the $25 collected under section 502 of the act.
(c)] Hunting antlerless deer or killing an antlerless deer with an invalid license constitutes hunting or killing deer without a license.
[Pa.B. Doc. No. 04-557. Filed for public inspection April 2, 2004, 9:00 a.m.]
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