PROPOSED RULEMAKING
GAME COMMISSION
[ 58 PA. CODE CHS. 143 AND 147 ]
Hunting and Furtaker Licenses and Special Permits
[39 Pa.B. 1529]
[Saturday, March 28, 2009]To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its January 27, 2009, meeting, proposed the following rulemaking:
Rescind Chapter 143, Subchapter M (relating to mentored youth hunting program license exemption) and add Chapter 147, Subchapter X (relating to mentored youth hunting program permit) to implement a permitting process to gain authorization to participate in the program.
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 27, 2009, meeting of the Commission. Comments can be sent to the Director, Information and Education, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, until April 17, 2009.
1. Purpose and Authority
Since the successful implementation of the Mentored Youth Hunting Program (MYHP) in the fall of 2006, the Commission has been striving to find ways to improve this innovative new program. In October this past fall, the Commission first improved the program with the addition of the coyotes to the list of species that may be lawfully pursued by mentored youth. The Commission is now proposing to further improve the MYHP by implementing a permitting process to gain authorization to participate in the program. The use of a permitting process will provide a two-fold benefit by providing the Commission with an accurate identification and count of participants in the program as well as provide participants with official big game tags appropriate for the species that may be taken by mentored youth.
When the MYHP was in its initial development, the steering committee recommended that a permit or a junior license be required. Unfortunately, the Commission did not have access to a financially feasible administrative process to issue the permit in this manner at that time. Now, with the advent of the Pennsylvania Automated License System (PALS), there is an economic and efficient mechanism to facilitate issuance of the permits and their big game tags. While functionality of the MYHP in the field will remain largely the same, participants will now be required to apply for and receive a permit through the PALS system at any of its issuing agent locations across this Commonwealth prior to participating in the program. Permit application will require participants to supply the required identification information and pay a nominal fee of $1, plus any transactional and issuing agent fees.
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 rescission of Chapter 143, Subchapter M and creation of Chapter 147, Subchapter X was adopted under this authority.
2. Regulatory Requirements
The proposed rulemaking will rescind Chapter 143, Subchapter M and add Chapter 147, Subchapter X to implement a permitting process to gain authorization to participate in the MYHP.
3. Persons Affected
Persons wishing to hunt or trap within this Commonwealth under the MYHP will be affected by the proposed rulemaking.
4. Cost and Paperwork Requirements
The proposed rulemaking may result in some additional cost and paperwork associated with the implementation of the MYHP permit within the Commission's new PALS system. 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.
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 A. Palmer, Director, Bureau of Wildlife Protection, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717) 783-6526.
CARL G. ROE,
Executive DirectorFiscal Note: 48-283. No fiscal impact; (8) recommends adoption.
(Editor's Note: As part of this proposal, the Commission is proposing to rescind the regulations which appear in Chapter 143, Subchapter M, which currently appear in 58 Pa. Code pages 143-35--143-37, serial pages (341023), (341024) and (322037).
Annex A
TITLE 58. RECREATION
PART III. GAME COMMISSION
CHAPTER 143. HUNTING AND FURTAKER LICENSES
Subchapter M. (Reserved) §§ 143.241--143.247. (Reserved).
(Editor's Note: The following text is new and has been printed in regular to enhance readability.)
CHAPTER 147. SPECIAL PERMITS
Subchapter X. MENTORED YOUTH HUNTING PROGRAM PERMIT Sec.
147.801. Purpose and scope. 147.802. Definitions. 147.803. Application. 147.804. General. 147.805. Safety. 147.806. Liability. 147.807. Violations. § 147.801. Purpose and scope.
(a) The purpose of this subchapter is to define and implement the Mentored Youth Hunting Program and provide for the issuance of hunting permits to eligible youths.
(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.
§ 147.802. 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 guide 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.
§ 147.803. Application.
(a) Applications for mentored youth hunting permits issued under this subchapter shall be made through the Commission or any of its authorized license-issuing agents on the appropriate form designated by the Commission for this purpose. Each application must include the name, address, telephone number, date of birth and Social Security number of the applicant.
(b) Applications may be submitted on behalf of an eligible mentored youth upon presentation of a written request executed by a parent or legally constituted guardian.
(c) The fee for a mentored youth hunting permit will be $1, plus any applicable transactional and issuing agent fees.
§ 147.804. 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 shall possess a valid mentored youth hunting permit prior to engaging in any mentored youth hunting activities.
(c) A mentored youth's hunting eligibility is restricted to the following species: squirrel, woodchuck, coyote, deer and wild turkey. A mentored youth's hunting eligibility is further limited to:
(i) Spring gobbler season only for turkey.
(ii) Antlered deer only during any applicable deer seasons. However, mentored youth hunters are subject to the same antler restrictions that apply to junior license holders as provided in the definition of antlered deer in § 131.2 (relating to definitions).
(d) A mentored youth's hunting eligibility is further constrained by 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).
(e) A mentored youth is eligible to hunt during any special youth hunting seasons that apply to any species specified in subsection (6).
(f) A mentored youth shall tag and report all big game harvested in the manner provided in section 2323 of the act (relating to tagging and reporting big game kills).
§ 147.805. Safety.
While engaged in mentored youth hunting activities:
(1) A mentored youth shall be stationary, within arms reach and subject to the immediate control of the mentor 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.
§ 147.806. 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).
§ 147.807. Violations.
It is unlawful for a mentor or mentored youth to fail to comply with any of the requirements, standards or limitations of this subchapter. A person violating this subchapter shall, upon conviction, be sentenced to pay the fine prescribed in the act. The Director may additionally deny, revoke or suspend any permit for any violation of this subchapter upon written notice to the permittee.
[Pa.B. Doc. No. 09-567. Filed for public inspection March 27, 2009, 9:00 a.m.]
No part of the information on this site may be reproduced for profit or sold for profit.This material has been drawn directly from the official Pennsylvania Bulletin full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.
