PROPOSED RULEMAKING
GAME COMMISSION
[58 PA. CODE CH. 143]
Hunting and Furtaker Licenses; Mentored Youth Hunting Program
[36 Pa.B. 2727]
[Saturday, June 3, 2006]To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its April 18, 2006, meeting, proposed to add Chapter 143, Subchapter M (relating to mentored youth hunting program license exemption) to create, define and implement the Mentored Youth Hunting Program (MYHP) within this Commonwealth.
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 April 18, 2006, meeting of the Commission. Comments can be sent, until June 6, 2006, to the Director, Information and Education, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797.
1. Purpose and Authority
Due to today's complex society and all of the competing interests youths have to choose from, it is difficult for our sporting men and women to expose youngsters to the joys of hunting. On December 22, 2005, Governor Rendell signed into law House Bill 1690 to provide a way for parents to better combat these challenges. In effect, this statutory amendment authorized the Commission to create, define and implement a concept aptly named the MYHP.
The mission of the MYHP is to create and expanded youth opportunities while maintaining safety afield. The MYHP provides youngsters a chance to develop the love of hunting early and allow that passion to grow as they do. The MYHP promotes the culture and development of the type of one-on-one training, and hands on experience that will help protect our hunting future as well as increase hunting safety through the intimate counseling provided by dedicated mentors. Youths who might otherwise never experience hunting will now have the chance to taste the thrills of past generations as they carry this Commonwealth's hunting heritage into our future. The MYHP may not benefit all youths, however, it does provide a vehicle into the hunting fraternity for many youngsters whose parents feel are mentally, emotionally and physically ready for the rigors of hunting.
It was only with the dedicated assistance of various sportsmen's organizations that the MYHP was even possible. Indeed, the MYHP concept was initially developed and promoted by the determination of organizations such as the National Wild Turkey Federation, Pennsylvania Federation of Sportsmen's Clubs, United Bowhunters of Pennsylvania, Central Counties Concerned Sportsmen, National Rifle Association, Quality Deer Management Association, Rocky Mountain Elk Foundation, Big Bothers/Big Sisters Pass It On Program and the U.S. Sportsmen's Alliance.
In a world in which everyone seems to have less and less time, and we never seem to place the proper value on the truly important things, there can be no greater way to instill values, provide the ideal time and place to teach conservation, respect, ethics and responsibilities that we all have as caretakers of our streams and forests, than by adopting the MYHP in this Commonwealth. Therefore, after consideration of the relevant issues, the Commission is proposing to add Subchapter M to create, define and implement the MYHP within this Commonwealth.
Section 2701(a) of the code (relating to license requirements) states that ''Except in defense of person or property or pursuant to exemptions authorized by the commission for implementing a mentored youth hunting program, every person, prior to engaging in any of the privileges granted by this title, shall first obtain the applicable license subject to any conditions or other requirements imposed by this title.'' 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 addition of Subchapter M was proposed under this authority.
2. Regulatory Requirements
The proposed rulemaking will add Subchapter M to create, define and implement the MYHP within this Commonwealth.
3. Persons Affected
Persons wishing to engage in mentored youth hunting opportunities or those in the vicinity of persons engaging in mentored youth hunting activities will be affected by the proposed rulemaking.
4. Cost and Paperwork Requirements
The proposed rulemaking should not result in any additional cost or paperwork.
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.
CARL G. ROE,
Executive DirectorFiscal Note: 48-230. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 58. RECREATION
PART III. GAME COMMISSION
CHAPTER 143. HUNTING AND FURTAKER LICENSES
Subchapter M. MENTORED YOUTH HUNTING PROGRAM LICENSE EXEMPTION Sec.
143.241. Purpose and scope. 143.242. Definitions. 143.243. General. 143.244. Safety. 143.245. Liability. 143.246. Unlawful acts. 143.247. Penalties. (Editor's Note: The following text is new and is printed in regular type to enhance readability.)
§ 143.241. Purpose and scope.
(a) The purpose of this subchapter is to define and implement the Mentored Youth Hunting Program.
(b) The Mentored Youth Hunting Program is intended to provide mentors who are dedicated to promoting and sharing this Commonwealth's hunting heritage with interested youths, the opportunity to provide these younger unlicensed youths with one-on-one, hands-on experience and in-field training on the mechanical, ethical, safety, responsibility and enjoyment aspects of the hunting experience.
§ 143.242. Definitions.
The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise:
Lawful hunting device--Any firearm or implement that is lawful to be possessed during the current season and used to harvest the particular species hunted.
Mentor--A licensed person, 21 years of age or older who is serving as a trusted counselor to a mentored youth while engaged in hunting or related activities.
Mentored youth--An unlicensed person, under 12 years of age who is accompanied by a mentor while engaged in hunting or related activities.
Stationary--The state or condition where a person is still, fixed in place or static, indicated by a cessation of all forward, backward or lateral movement, whether in the standing, kneeling, sitting or prone position.
§ 143.243. General.
(a) A mentor shall 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) prior to engaging in any mentored youth hunting activities.
(b) A mentored youth's hunting eligibility is restricted to the following species: squirrel, woodchuck and wild turkey (spring gobbler season only) beginning in the 2006-2007 hunting license year.
(i) Beginning in the 2007-2008 hunting license year, antlered deer will be included in the mentored youth hunts.
(ii) Mentored youth hunters shall comply with the same antler requirements as junior license holders.
(c) A mentored youth's hunting eligibility is further constrained by all applicable hunting seasons, daily limits, field possession limits and season limits provided in § 139.4 (relating to seasons and bag limits for the license year).
(d) A mentored youth is eligible to hunt during any special youth hunting seasons that apply to any species specified in subsection (b).
(e) A mentored youth shall tag and report all big game harvested in the manner provided for in section 2323(b) of the act (relating to killings by persons without license).
§ 143.244. Safety.
While engaged in mentored youth hunting activities:
(1) A mentored youth shall be stationary and within arms reach of the mentor, subject to his immediate control, at all times while in possession of any lawful hunting device.
(2) A mentor may not accompany more than one youth, including junior hunters, at any given time.
(3) A mentor and mentored youth may not collectively possess more than one lawful hunting device at any given time.
(4) A mentor and mentored youth shall both comply with section 2524 of the act (relating to protective material required) and with any regulations promulgated by the Commission relating to protective material.
§ 143.245. Liability.
A mentor is responsible and accountable for all actions of the mentored youth occurring while engaged in mentored youth hunting activities. A mentor who causes or allows a mentored youth to engage in an unlawful act shall be punishable as the principal offender as provided in section 924 of the act (relating to liability for actions of others) or with any regulations promulgated by the Commission.
§ 143.246. Unlawful acts.
It is unlawful while engaged in mentored youth hunting activities for:
(1) A mentor not to 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).
(2) A mentor to permit a mentored youth to possess any lawful hunting device except while in a stationary position and within arms reach of the mentor.
(3) A mentor to permit a mentored youth to take or attempt to take any species of game or wildlife not otherwise authorized by this subchapter.
(4) A mentor to accompany more than one youth, including junior hunters, at any given time.
(5) A mentor or mentored youth to collectively possess more than one lawful hunting device at any given time.
(6) A mentor or mentored youth to fail to comply with section 2524 of the act (relating to protective material required) or any regulations promulgated by the Commission relating to protective material.
(7) A mentor or mentored youth to violate any other provision of this subchapter.
§ 143.247. Penalties.
A person violating this subchapter shall, upon conviction, be sentenced to pay the fine prescribed in the act.
[Pa.B. Doc. No. 06-982. Filed for public inspection June 2, 2006, 9:00 a.m.]
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