PROPOSED RULEMAKING
GAME COMMISSION
[ 58 PA. CODE CHS. 143 AND 147 ]
Hunting and Furtaking Licenses and Special Permits
[38 Pa.B. 1477]
[Saturday, March 29, 2008]To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its January 29, 2008, meeting, proposed to amend Chapter 143, Subchapters A--E, J and K and Chapter 147, Subchapters R and S (relating to deer control and bobcat hunting-trapping permit) to accommodate the implementation of the Commission's new Point-of-Service (POS) licensing system 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 January 29, 2008, meeting of the Commission. Comments can be sent, until April 18, 2008, to the Director, Information and Education, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797.
1. Purpose and Authority
The Game Commission (Commission) has been working in joint partnership with the Fish and Boat Commission (FBC) to create and implement the Commonwealth's first POS licensing system. The Commission and FBC intend to replace their own individual paper-based licensing systems with a common computer-based automated licensing system. Implementing this computerized POS licensing system within this Commonwealth will significantly streamline the application and purchase process for customers, virtually eliminate manual auditing and reporting for agents, and provide tremendous new electronic functionality to assist the Commission and FBC support staff in monitoring license administration. In addition, the data from the POS licensing system will enable the Commission and FBC to monitor license sales, create strategic business plans based on trend analysis and, most importantly, create marketing plans based on more accurate customer demographics. Therefore, in an effort to accommodate the implementation of the Commission's new POS licensing system within this Commonwealth, the Commission is proposing to amend Chapter 143, Subchapters A--E, J and K, and Chapter 147, Subchapters R and S.
Section 2722(g)(2) of the code (relating to authorized license-issuing agents) provides that the Commission shall adopt regulations for ''The administration, control and performance of activities conducted pursuant to the provisions of this chapter.'' Section 2901(b) of the code (relating to authority to issue permits) provides ''the commission 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 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 in Chapter 143, Subchapters A--E, J and K, and Chapter 147, Subchapters R and S were proposed under this authority.
2. Regulatory Requirements
The proposed rulemaking will amend Chapter 143, Subchapters A--E, J and K and Chapter 147, Subchapters R and S to accommodate the implementation of the Commission's new POS licensing system within this Commonwealth.
3. Persons Affected
Persons wishing to hunt or trap game or wildlife within this Commonwealth will be affected by the proposed rulemaking.
4. Cost and Paperwork Requirements
The final rulemaking may result in some additional cost and paperwork associated with the implementation of the Commission's new POS licensing system within this Commonwealth. However, the Commission has determined that if there is any additional expense associated with this effort, it will not be substantial and would be absorbed by the current budget. The proposed rulemaking should not result in any other additional cost or paperwork.
5. Effective Date
The proposed rulemaking will be effective upon final 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 Richard R. Palmer, Director, Bureau of Wildlife Protection, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717) 783-6526.
CARL G. ROE,
Executive DirectorFiscal Note: 48-268. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 58. RECREATION
PART III. GAME COMMISSION
CHAPTER 143. HUNTING AND FURTAKER LICENSES
Subchapter A. GENERAL § 143.1. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
* * * * * Customer ID number--The unique customer identifier permanently assigned to each customer of the Commission's Point-of-Sale automated licensing system.
Point-of-Sale--The Commission's computer-based automated licensing system that facilitates the purchase and creation of license products at the agent location.
§ 143.11. Internet license sales.
[To fulfill Internet orders for general hunting licenses, the Commission may print specific license privileges directly on the hunting license back tag. For individuals who already possess a valid hunting license and opt to purchase an archery, muzzleloader, migratory game bird or bear license using the Commission's website, the Commission may assign a web order number to issue these additional license privileges. To validate these additional privileges, the license holder shall enter his web order number on the general hunting license back tag and sign in the spaces provided.] For individuals who already possess a valid hunting license and opt to purchase an archery, muzzleloader or migratory game bird license online, the license holder shall print the receipt, sign in the space provided and carry while afield.
Subchapter B. APPOINTMENT OF AGENTS § 143.26. Time for rebate.
Rebate to the agent will be [drawn from the Game Fund and returned to the agent in lump sum as soon as practicable after the agent's yearly sales are audited] credited to his account at the beginning of the license year following his first year as an agent.
Subchapter C. ANTLERLESS DEER LICENSES § 143.41. Purpose and scope.
* * * * * (b) The Commission, after reviewing [reproductive] available management data, will establish the number of antlerless deer licenses allocated to each wildlife 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 applicant's county of residence. The following procedure shall be adhered to when determining successful applicants for licenses:
* * * * * (2) [The Commission in Harrisburg will serve as the central receiver for all mail-in applications in all wildlife management units.] Envelopes received by first class mail delivered through and by the United States Postal Service will be processed and licenses issued as soon as practicable.
(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 wildlife management unit.
(4)] This process of [application distribution] license issuance will continue until the available supply of licenses for that wildlife management unit is exhausted.
(d) The Commission may act in the capacity of a county treasurer for issuing antlerless licenses [in a wildlife management unit] if authority to issue licenses has been removed from any or all county treasurers [in the wildlife management unit].
(e) Notwithstanding the provisions of this chapter limiting the number of licenses available, the Commission will 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 wildlife 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 wildlife management unit by writing the unit's alphanumeric designation on the face of the license.]
* * * * * § 143.42. Definitions.
The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise:
Application--[The form issued with a regular hunting license used in applying for an antlerless license.] The universal form contained in the ''Hunting and Trapping Digest'' or a reasonable facsimile thereof used in applying for an antlerless license or an unsold tag.
[County allocation--The number of licenses allocated by the Commission to an individual county.]
* * * * * Date issued--The date [placed on the license by a county treasurer or the Commission] printed on the license at the time of issuance indicating when the license was mailed or given to the person named on the license.
Envelope--The official envelope issued with a regular hunting license which shall be used by the applicant to mail completed applications to [the Commission] a county treasurer.
* * * * * License--The numbered [back tag] license which is issued by the county treasurer or the Commission authorizing the holder thereof to hunt antlerless deer in a specific wildlife management unit.
* * * * * [Unsold tag application--The form contained in the ''Hunting and Trapping Digest'' used in applying for an unsold tag.]
* * * * * § 143.43. Preamble.
(a) An application shall be submitted to [the Commission wildlife management unit address in Harrisburg] a county treasurer and a license shall be issued only in accordance with the act and this subchapter.
* * * * * § 143.44. Application.
[(a) Only the original current application is valid for making application.
(b) It is unlawful to apply for more than one license.
(c) The application is not transferable by the person receiving it. The application may not be used by another person to apply for a license.]
It is unlawful to apply for more than one license before the unsold tag and unlimited antlerless license application periods as set forth in this chapter.
§ 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 other than [from the Commission] by regular first class mail delivered through and by the United States Postal Service. [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.] Applications for unsold antlerless deer licenses shall be accepted by county treasurers over the counter and may immediately be processed if licenses are available beginning on the first Monday in November.
(b) [The Commission will not accept antlerless deer license applications other than by regular first class mail delivered through and by the United States Postal Service.] Applications will not be accepted by county treasurers prior to the start of the normal business day on the second Monday in July.
(c) [Applications will 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 legibly completed, in its entirety, in accordance with instructions on the application. An applicant may enter up to three units, in order of preference, on the application.
[(e)] (d) * * *
[(f)] (e) * * *
[(g)] (f) The envelope [shall] must contain return first class postage and a return address. If requirements of this subsection are not met, applications will be placed in a dead letter file and may be reclaimed by the applicant upon contacting the [Commission's Hunting License Division in Harrisburg] county treasurer's office. Postage, both forward and return, is the responsibility of the applicant.
[(h)] (g) * * *
§ 143.48. First-come-first-served license issuance.
(a) Envelopes containing applications will be accepted on a first-come-first-served basis. [Envelopes will be inspected by the Commission in Harrisburg, unopened, to determine if they comply with § 143.45(b), (c), (e) and (g) (relating to completing and submitting applications).]
(b) [If the conditions in § 143.45(b), (c) and (e) 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.] If there are more than three applications in one envelope, the enclosed applications will be rejected and returned to the sender as soon as practicable.
* * * * * (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.] If an application fails to be in compliance with § 143.45 (relating to completing and submitting applications), applications enclosed in the envelope shall be rejected and returned by the county treasurer to the sender as soon as practicable.
§ 143.49. Issuing licenses.
(a) Licenses may be issued by county treasurers immediately following receipt of applications [from the Commission].
(b) Licenses [shall] will 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] issued through the Commission's Point-of-Sale automated licensing system. The county treasurer shall write in ink the applicants' customer ID numbers on the face of the check or money order. If there are no licenses available in the applicant's first unit of preference, the county treasurer shall issue a license for the applicant's next unit of preference in the order given. If all three units have no licenses available, the county treasurer shall return the application to the applicant indicating that the selected units were sold out.
(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 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] second 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 [October 1] the fourth Monday in September. 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.
[The Commission having unsold licenses on the third Monday in August and thereafter will accept applications for those units in compliance with § 143.45 (relating to completing and submitting applications) from nonresidents of this Commonwealth.] Nonresidents may apply for unsold licenses on the last Monday in July and thereafter in compliance with § 143.45 (relating to completing and submitting applications).
§ 143.51. Application and issuance of unsold tags.
(a) Except as provided in § 143.52 (relating to procedures for unlimited antlerless licenses), beginning on the [fourth] first Monday in August, residents and nonresidents of this Commonwealth are eligible to receive an unsold tag.
(b) [An applicant for this tag may not use the regular antlerless deer license application.] An applicant shall only use the [unsold] application contained in the ''Hunting and Trapping Digest'' or a reasonable facsimile thereof.
* * * * * (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] issued through the Commission's Point-of-Sale automated licensing system. The county treasurer shall write in ink the applicants customer ID numbers on the face of the check or money order. If there are no licenses available in the applicant's first unit of preference, the county treasurer shall issue a license for the applicant's next unit of preference in the order given. If all three units have no licenses available, the county treasurer shall return the application to the applicant indicating that the selected units were sold out.
(f) Beginning on the [second Monday in September, residents and nonresidents of this Commonwealth are eligible to apply for one additional unsold tag by mailing to the appropriate Commission wildlife management unit address in Harrisburg] third Monday in August, residents and nonresidents of this Commonwealth are eligible to apply for one additional unsold tag by mailing to a county treasurer.
§ 143.52. Procedure for unlimited antlerless licenses.
* * * * * (b) Beginning on the [fourth Monday in August, residents and nonresidents of this Commonwealth shall be eligible to apply to designated wildlife management units for an unlimited number of antlerless deer licenses by mailing the application to the appropriate Commission wildlife management unit address in Harrisburg] first Monday in August residents and nonresidents of this Commonwealth shall be eligible to apply by mail to a county treasurer for an unlimited number of antlerless deer licenses for designated units.
(c) Beginning on the [third Monday in September, county treasurers within the designated wildlife management units shall accept antlerless applications over the counter from residents and nonresidents of this Commonwealth and may immediately issue licenses to applicants] fourth Monday in August, county treasurers shall accept antlerless applications over the counter for designated units 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 agent and reapply for a license by:
(1) If applicable, correcting the errors which caused the original application to be rejected and returning it to [the Commission wildlife management unit address in Harrisburg] a county treasurer.
(2) Changing on the application the designated wildlife management [unit] units in which the applicant desires to hunt and forwarding it to [another Commission wildlife management unit address in Harrisburg] a county treasurer.
(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 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] the Commission's Point-of-Sale automated licensing system that the applicant was issued the original license.
Subchapter D. BEAR LICENSES § 143.68. Carrying the license.
[The] For a bear license issued subsequent to the owner's general hunting license, the bear license shall be signed by the owner in the space provided and shall be carried on the person at all times when the owner is hunting for bear. The bear license does not need to be displayed but shall be produced for inspection upon demand of any officer authorized to enforce this title.
Subchapter E. [FLINTLOCK (MUZZLELOADER) DEER LICENSES] (Reserved) § 143.81. [Purpose and scope] (Reserved).
[This subchapter establishes methods for application and issuance of a license.]
§ 143.82. [Definition] (Reserved).
[The following words or terms, when used in this subchapter, have the following meaning, unless the context clearly indicates otherwise:
License--The special stamp issued by a license issuing agent authorizing the holder thereof to hunt deer with a muzzleloading firearm during the special season.]
§ 143.83. [Preamble] (Reserved).
[Applications shall be submitted to authorized issuing agents and licenses issued by them under the act and this subchapter.]
§ 143.84. [Application] (Reserved).
[(a) Applications for flintlock (muzzleloader) deer licenses shall be submitted to authorized isuing agents for licenses issued by them under the act and this subchapter.
(b) Applications for flintlock (muzzleloader) deer licenses may be made when purchasing a regular hunting license, or any time thereafter, upon presentation of the regular hunting license.]
§ 143.85. [Issuance of licenses] (Reserved).
[When the conditions in § 143.84 (relating to application) have been met, the agent may issue the appropriate license.]
§ 143.86. [Unlawful acts] (Reserved).
[It shall be unlawful to:
(1) Accept an application or issue a license contrary to the act or this chapter.
(2) Apply for or receive a license contrary to the act or this chapter.
(3) Aid another person in applying for or receiving a license contrary to the act or this subchapter.
(4) Transfer a license to another individual.]
§ 143.87. [Penalties] (Reserved).
[A person violating this subchapter shall, upon conviction, be sentenced as prescribed by the act.]
Subchapter J. MIGRATORY GAME BIRD LICENSE § 143.181. Purpose and scope.
This subchapter establishes rules for application and issuance of Migratory Game Bird License and [survey cards] HIP surveys.
§ 143.182. Definitions.
The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise:
HIP survey--The Migratory Game Bird Harvest Information Program (HIP) survey that will be completed at the time the license is issued.
Migratory Game Bird License--The [numbered, wallet size card] license authorizing the holder thereof to hunt for migratory game birds. The license is not valid unless used in conjunction with a regular resident or nonresident hunting license.
[Survey card--The matching, numbered Migratory Game Bird Harvest Information Program card that is attached to the Migratory Game Bird License. The survey card will be completed at the time the license is issued.]
§ 143.183. Application.
Application may be made when purchasing a hunting license, or at any time thereafter upon completion of the HIP survey. [In addition to filling out the application for a hunting license, the applicant shall complete the matching numbered Migratory Game Bird Harvest Information Program survey card.]
§ 143.184. Issuance of license.
After confirming that the HIP survey [card] has been completed in its entirety, the issuing agent shall [enter the date of issuance in ink on the license and the matching numbered survey card in the spaces provided and] issue the license.
§ 143.186. Processing [survey cards] HIP surveys.
[Issuing agents shall forward survey cards completed each month directly to the United States Fish and Wildlife Service, Office of Migratory Bird Management, no later than the 5th day of the following month. Issuing agents shall forward the survey cards in the postage-paid envelopes provided by the Commission, as per the instructions set forth in the current issuing agents instruction manual.] HIP survey data shall be forwarded electronically to the United States Fish and Wildlife Service, Office of Migratory Bird Management, through the Commission's Point-of-Sale automated licensing system no later than 30 days after license issuance.
§ 143.187. Unlawful acts.
It is unlawful to:
* * * * * (2) [Process survey cards contrary to § 143.186 (relating to processing survey cards).
(3)] Apply for or receive a Migratory Game Bird License contrary to the act or this subchapter.
[(4)] (3) * * *
CHAPTER 147. SPECIAL PERMITS
Subchapter R. DEER CONTROL
DEER MANAGEMENT ASSISTANCE PROGRAM PERMITS § 147.672. Definitions.
The following words and terms, when used in this section and §§ 147.671 and 147.673--147.676, have the following meanings, unless the context clearly indicates otherwise:
* * * * * DMAP harvest permit--The numbered permit which is issued [by the Commission,] through the Commission's Point-of-Sale automated licensing system, authorizing the holder thereof to hunt antlerless deer in a specific DMAP area in accordance with provisions in the act and this part as they pertain to lawfully hunting deer. Each DMAP harvest permit 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.
* * * * * § 147.673. Eligibility and application for DMAP.
* * * * * (d) Approved applicants will receive one coupon for each DMAP permit the DMAP area is entitled to. In DMAP areas designated by the Director, DMAP harvest permits may be made available directly through authorized issuing agents without coupons being issued.
§ 147.674. Issuance of DMAP harvest permits.
(a) DMAP harvest permits will be made available without regard to quota limitations and will be issued [by the Commission] through the Commission's Point-of-Sale automated licensing system.
(b) Two 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)].
* * * * * (e) In DMAP areas designated by the Director, applicants may apply for DMAP harvest permits without possessing a coupon as long as harvest permits remain available for that area.
§ 147.675. Validity of permit.
* * * * * (b) DMAP harvest permits are valid only on the DMAP area indicated on the [license] permit.
§ 147.676. Unlawful acts.
It is unlawful to:
* * * * * (6) Fail to [complete] submit harvest report and survey information in accordance with instructions provided [on the report card or the survey, or both].
* * * * *
[Pa.B. Doc. No. 08-574. Filed for public inspection March 28, 2008, 9:00 a.m.]
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