PROPOSED RULEMAKING
[58 PA. CODE CHS. 143 AND 147]
Hunting and Furtaker Licenses and Special Permits
[36 Pa.B. 23] To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its October 4, 2005, meeting, proposed to amend §§ 143.202, 143.222, 147.674 and 147.701 to provide hunters with expanded application opportunities for elk licenses, special wild turkey licenses, bobcat permits and Deer Management Assistance Program (DMAP) harvest permits, § 143.224 (relating to unlawful acts) to require hunters to complete and submit a harvest report card after harvesting a wild turkey under a special wild turkey license and § 147.674 (relating to issuance of DMAP harvest permits) to eliminate the hunter application ineligibility provision.
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).
The proposed rulemaking was made public at the October 4, 2005, meeting of the Commission. Comments can be sent, until January 20, 2005, to the Director, Information and Education, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797.
1. Purpose and Authority
Current regulations provide customers with (at most) only two methods to apply for elk licenses, special wild turkey licenses, bobcat permits and DMAP harvest permits: 1) electronic application over the Commission's website; and 2) paper application through the United States Postal Service. In an effort to improve customer service, the Commission is proposing to amend §§ 143.202, 143.222, 147.674 and 147.701 to provide customers with a third option, which will allow customers to apply for these various licenses and permits over-the-counter at any Commission office. The proposed amendments will also provide the Commission the increased flexibility to expand the sale of various licenses and permits through the anticipated automated point-of-sale issuance system, which should be available in the short-term future.
Section 2323 of the code (relating to tagging and reporting big game kills) requires that ''[w]within ten days of the kill, the person shall report the killing of any big game in the manner or methods prescribed by the comission regulations.'' The Commission currently prescribes the harvest reporting requirements for each of the various big game licenses except for the special wild turkey license. The Commission recognizes that harvest reports prove to be necessary and important tools for the accurate assessment of the impacts and effectiveness of the Commission's management of the wildlife resources of this Commonwealth. Since the justifications supporting the reporting harvest information for the other various big game licenses are equally applicable to the special wild turkey license, the Commission is proposing to amend § 143.224 to require hunters to complete and submit a harvest report card after harvesting a wild turkey under a special wild turkey license.
The Commission recently amended § 147.674 to prevent the issuance of DMAP permits to persons who fail to complete and submit harvest report and survey information from the prior season. After implementation of this provision, the Commission recognized that enforcement of the same is an untenable and overly burdensome administrative requirement. Therefore, the Commission is proposing to amend § 147.674 to eliminate the hunter application ineligibility provision.
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 2901(b) of the code (relating to authority to issue permits) provides ''the [C]ommission may, as deemed necessary to properly manage the game or wildlife resources, promulgate regulations for the issuance of any permit and promulgate regulations to control the activities which may be performed under authority of any permit issued.'' Section 2102(a) of the code (relating to regulations) provides that ''The [C]ommission 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 §§ 143.202, 143.222, § 143.224, 147.674 and 147.701 were proposed under this authority.
2. Regulatory Requirements
The proposed rulemaking will amend §§ 143.202, 143.222, 147.674 and 147.701 to provide hunters with expanded application opportunities for elk licenses, special wild turkey licenses, bobcat permits and DMAP harvest permits, § 143.224 to require hunters to complete and submit a harvest report card after harvesting a wild turkey under a special wild turkey license and § 147.674 to eliminate the hunter application ineligibility provision for DMAP harvest permits.
3. Persons Affected
Persons wishing to make application for elk licenses, special wild turkey licenses, bobcat permits and DMAP harvest permits, harvest a wild turkey under a special wild turkey license and DMAP permitees who fail to complete and submit harvest report and survey information from the prior season will be affected by the proposed rulemaking.
4. Cost and Paperwork Requirements
The proposed amendments to §§ 143.202, 143.222, § 143.224, 147.674 and 147.701 will likely result in some, albeit minor, additional administrative costs to the Commission in the form of additional administrative expenditure and paperwork. The proposed amendment to § 147.674 will eliminate some administrative costs to the Commission by eliminating certain internal permit eligibility processing steps.
5. Effective Date
The proposed rulemaking will be effective upon final-form publication in the Pennsylvania Bulletin and will remain in effect until changed by the Commission.
6. 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: 48-217. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 58. RECREATION
PART III. GAME COMMISSION
CHAPTER 143. HUNTING AND FURTAKER LICENSES
Subchapter K. ELK LICENSES § 143.202. Application.
[(a) Applications for elk licenses shall be submitted to the Commission's Harrisburg Headquarters. The Executive Director will set periods for accepting applications.
(b) Applications for elk licenses shall be made using an electronic application on the Commission's Internet website, or a paper form made available by the Commission providing information as may be required by the Executive Director. A nonrefundable $10 application fee shall accompany each application.
(c) For the purpose of having a unique identifier assigned to each individual in the database, permitting a crosscheck for duplicates, applicants shall provide their Social Security number on the application, or hunter ID number.]
Completed applications shall be submitted as determined by the Director. For the purpose of having a unique identifier assigned to each individual in the database, permitting a crosscheck for duplicates, applicants shall provide their Social Security number or hunter ID number on the application. A nonrefundable $10 application fee shall accompany the application.
Subchapter L. SPECIAL WILD TURKEY LICENSES § 143.222. Application.
[(a) Applications for special wild turkey licenses shall be submitted to the Commission's Harrisburg Headquarters. The Executive Director will set periods for accepting applications.
(b) Applications for special wild turkey licenses shall be made using an electronic application on the Commission's Internet website or a paper form made available by the Commission providing information as may be required by the Director.]
Completed applications shall be submitted as determined by the Director. For the purpose of having a unique identifier assigned to each individual in the database, permitting a crosscheck for duplicates, applicants shall provide their Social Security number or hunter ID number on the application.
§ 143.224. Unlawful acts.
It is unlawful [for a person to do the following] to:
* * * * * (3) Fail to tag any wild turkey taken with a special wild turkey license in accordance with the act relating to tagging big game.
(4) Fail to complete and submit harvest report information in accordance with instructions provided on the report card.
CHAPTER 147. SPECIAL PERMITS
Subchapter R. DEER CONTROL
DEER MANAGEMENT ASSISTANCE PROGRAM PERMITS § 147.674. Issuance of DMAP harvest permits.
* * * * * (b) Two [coupons] harvest permits for the DMAP area may be issued each license year to persons who possess a valid Pennsylvania hunting license or qualify for license and fee exemptions under section 2706 of the act (relating to resident license and fee exemptions).
(c) [Coupon holders shall mail the completed coupons to the Commission along with a check or money order payable to the ''Pennsylvania Game Commission.''] Coupon holders shall submit the completed coupons and remittance as determined by the Director. The fee for the [coupon] harvest permit is $6 for residents and $26 for nonresidents.
* * * * * [(e) Permits and refunds will not be issued to persons who failed to complete and submit harvest report and survey information from the prior season.]
Subchapter S. BOBCAT HUNTING-TRAPPING PERMIT § 147.701. General.
This section provides for permits to be issued for the hunting and trapping of bobcat during the season established and in areas designated under § 139.4 (relating to seasons and bag limits for the license year).
* * * * * (2) [The fee for an application for a permit to take a bobcat is $5.] Completed applications shall be submitted as determined by the Director. For the purpose of having a unique identifier assigned to each individual in the database, permitting a crosscheck for duplicates, applicants shall provide their Social Security number or hunter ID number on the application. A nonrefundable $5 application fee shall accompany the application.
(3) [Applications shall be submitted on a form supplied by the Commission or by using an electronic application on the Commission's Internet website and shall contain the required information as requested. For the purpose of having a unique identifier assigned to each individual in the database, permitting a crosscheck for duplicates, applicants shall provide their Social Security number on the application, or hunter ID number. A $5 application fee shall accompany the application and is nonrefundable. Applications shall be submitted to the Commission's Harrisburg Headquarters.]
[(4)] * * *
[(5)] (4) * * *
[(6)] (5) * * *
[(7)] (6) * * *
[(8)] (7) * * *
[(9)] (8) * * *
* * * * * [(10)] (9) * * *
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[Pa.B. Doc. No. 06-13. Filed for public inspection January 6, 2006, 9:00 a.m.]
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