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PA Bulletin, Doc. No. 05-1334

RULES AND REGULATIONS

GAME COMMISSION

[58 PA. CODE CH. 143]

Deadline for Purchasing a Bear License

[35 Pa.B. 3934]

   To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its April 26, 2005, meeting, adopted an amendment to § 143.67 (relating to application) to establish a deadline for purchasing a bear license prior to the opening of regular firearms deer season.

   The final-form rulemaking will have no adverse impact on the wildlife resources of this Commonwealth.

   The authority for the final rulemaking is 34 Pa.C.S. (relating to Game and Wildlife Code) (code).

   Notice of proposed rulemaking was published at 35 Pa.B. 2313 (April 16, 2005).

1.  Purpose and Authority

   Formerly, a hunter could purchase a bear license at the time he purchased his license or at any time up to the close of established bear seasons. This expansive purchasing period had provided certain individuals with the opportunity to abuse the bear license requirement. Specifically, the Commission is aware of certain instances where individuals (without bear licenses) unlawfully harvested bears during the concurrent bear/deer season only to thereafter purchase a bear license to generate the false proof that they had lawfully harvested the bear. To prevent this type of abuse in the future, the Commission amended § 143.67 to establish a deadline for purchasing bear licenses prior to the opening of regular firearms deer season.

   Section 2722(g) of the code (relating to authorized license-issuing agents) directs the Commission to adopt regulations for the administration, control and performance of license issuing activities. 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 amendment to § 143.67 was adopted under this authority.

2.  Regulatory Requirements

   The final-form rulemaking amends § 143.67 to establish a deadline for purchasing bear licenses prior to the opening of regular firearms deer season.

3.  Persons Affected

   Persons wishing to purchase a bear license to hunt bear in this Commonwealth will be affected by the final-form rulemaking.

4.  Comment and Response Summary

   There were no official comments received regarding this final-form rulemaking.

5.  Cost and Paperwork Requirements

   The final-form rulemaking should not result in additional cost or paperwork.

6.  Effective Date

   The final-form rulemaking will be effective upon publication in the Pennsylvania Bulletin and will remain in effect until changed by the Commission.

7.  Contact Person

   For further information regarding the final-form rulemaking, contact Michael A. Dubaich, Director, Bureau of Law Enforcement, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717) 783-6526.

Findings

   The Commission finds that:

   (1)  Public notice of intention to adopt the administrative amendment 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 amendment 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 § 143.67 to read as set forth at 35 Pa.B. 2313.

   (b)  The Executive Director of the Commission shall certify this order and 35 Pa.B. 2313 and deposit them with the Legislative Reference Bureau as required by law.

   (c)  This order shall become effective upon final-form publication in the Pennsylvania Bulletin.

VERNON R. ROSS,   
Executive Director

   Fiscal Note: Fiscal Note 48-206 remains valid for the final adoption of the subject regulation.

[Pa.B. Doc. No. 05-1334. Filed for public inspection July 15, 2005, 9:00 a.m.]


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