PROPOSED RULEMAKING

GAME COMMISSION

[ 58 PA. CODE CH. 143 ]

Hunting and Furtaker Licenses

[39 Pa.B. 5152]
[Saturday, August 29, 2009]

   To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) proposed the following rulemaking at its July 9, 2009, meeting:

   Add § 143.203a (relating to special elk conservation license auction) to Chapter 143 to establish the special elk conservation license auction and license issuance process.

   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 July 9, 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 September 25, 2009.

1.  Purpose and Authority

   On October 9, 2008, House Bill 747 (Act 101, 2008) was signed into law. This legislation effectively amended section 2706.2 of the code (relating to elk hunting licenses) to authorize the Commission to sell one elk license per year by auction sale through an eligible wildlife conservation organization. Due to the intermediary role the wildlife conservation organization serves in the sale of the license, the Commission determined that the implementation of the voucher procedures in section 2712 of the code (relating to vouchers for licenses and permits) will streamline and simplify the process of transferring the license to the winning bidder of the auction. Under this process, the wildlife conservation organization will issue the winning bidder of the auction a voucher which then may be redeemed from the Commission for the official elk license. To this end, the Commission is proposing to add § 143.203a to establish the special elk conservation license auction and license issuance process.

   Section 2706.2 of the code (relating to elk hunting licenses) provides that ''The commission shall promulgate regulations for the use of the license, remitting funds to the commission and conduct of the auction.'' Section 2712 of the code (relating to vouchers for licenses for permits) provides that ''The commission may promulgate regulations to implement this section.'' Section 2722(g) of the code directs the Commission to adopt regulations for the administration, control and performance of license issuing activities. The addition of § 143.203a was proposed under this authority.

2.  Regulatory Requirements

   The proposed rulemaking will add § 143.203a to establish the special elk conservation license auction and license issuance process.

3.  Persons Affected

   Persons wishing to hunt elk within this Commonwealth may 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 production and distribution of the special elk conservation license. However, the Commission determined any additional expense associated with this initiative, should it exist, will be nominal and will 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 R. Palmer, Director, Bureau of Wildlife Protection, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717) 783-6526.

CARL G. ROE,   
Executive Director

   Fiscal Note:  48-291. 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

§ 143.203a.  Special elk conservation license auction.

   (a)  Each year the Commission may contract with an eligible wildlife conservation organization to conduct an auction sale of one special elk conservation license in accordance with the mandates under section 2706.2 of the act (relating to elk hunting licenses).

   (b)  Upon conclusion of the auction, the wildlife conservation organization shall issue the winning bidder a license voucher which may be redeemed for a special elk conservation license under section 2712 of the act (relating to vouchers for licenses and permits).

[Pa.B. Doc. No. 09-1611. Filed for public inspection August 28, 2009, 9:00 a.m.]

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