RULES AND REGULATIONS
GAME COMMISSION
[ 58 PA. CODE CHS. 143 AND 147 ]
Hunting and Furtaker Licenses and Special Permits
[39 Pa.B. 2802]
[Saturday, June 6, 2009]To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its April 21, 2009, meeting, adopted the following rulemaking:
Eliminate 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 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 39 Pa.B. 1529 (March 28, 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 has since improved 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 economical 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 the Commonwealth prior to participating in the program. Permit applications 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 elimination of Chapter 143, Subchapter M and creation of Chapter 147, Subchapter X was adopted under this authority.
2. Regulatory Requirements
The final-form rulemaking eliminated Chapter 143, Subchapter M (relating to mentored youth hunting program license exemption) and added Chapter 147, Subchapter X (relating to mentored youth hunting program permit) to implement a permitting process to gain authorization to participate in the program.
3. Persons Affected
Persons wishing to hunt or trap within this Commonwealth under the mentored youth hunting program will be affected by the final-form rulemaking.
4. Comment and Response Summary
Out of a total of four comments received concerning this rulemaking, two supported and two opposed the MYHP permit.
5. Cost and Paperwork Requirements
The final-form rulemaking may result in some additional cost and paperwork associated with the implementation of the MYHP permit within the Commission's new PALS. 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.
6. Effective Date
The final-form rulemaking will be effective upon final 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 Richard A. Palmer, Director, Bureau of Wildlife Protection, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717) 783-6526.
Findings
The Commission finds that:
(1) Public notice of intention to adopt the administrative amendments 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 (relating to notice of proposed rulemaking required; and adoption of regulations).
(2) The adoption of these amendments 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 Chapters 143 and 147, are amended by deleting §§ 143.241--143.247 and adding §§ 147.801--147.803 and 147.805--147.807 at 39 Pa.B. 1529 and by adding § 147.804 to read as set forth in Annex A.
(b) The Executive Director of the Commission shall certify this order, 39 Pa.B. 1529 and Annex A 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.
CARL G. ROE,
Executive DirectorFiscal Note: Fiscal Note 48-283 remains valid for the final adoption of the subject regulations.
Annex A
TITLE 58. RECREATION
PART III. GAME COMMISSION
CHAPTER 147. SPECIAL PERMITS
Subchapter X. MENTORED YOUTH HUNTING PROGRAM PERMIT § 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 (c).
(f) A mentored youth shall tag and report all big game harvested in the manner provided for in section 2323 of the act (relating to tagging and reporting big game kills).
[Pa.B. Doc. No. 09-1022. Filed for public inspection June 5, 2009, 9:00 a.m.]
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