PROPOSED RULEMAKINGS

GAME COMMISSION

[ 58 PA. CODE CH. 143 ]

Hunting and Furtaker Licenses; Bear Licenses

[41 Pa.B. 1625]
[Saturday, March 26, 2011]

 To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) proposed, at its February 1, 2011, meeting, to amend § 143.67 (relating to application) to grant the Director the authority to establish the application deadlines for bear licenses at periods as the Director determines.

 The proposed rulemaking will not have an 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 February 1, 2011, meeting of the Commission. Comments can be sent until April 4, 2011, to the Director, Information and Education, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797.

1. Purpose and Authority

 Prior to 2005, a hunter could purchase a bear license at the time he purchased a license or at any time up to the close of the established bear seasons. Certain individuals took advantage of this expansive purchasing period by harvesting bears during the concurrent regular firearms bear and deer seasons without the required bear license. It was only after these individuals successfully harvested a bear that they would then purchase a bear license to generate the appearance that they had lawfully harvested the bear. On April 26, 2005, the Commission amended § 143.67 to establish an earlier deadline for purchasing bear licenses, specifically prior to the opening of regular firearms deer season. See 35 Pa.B. 3934 (July 16, 2005). While this earlier deadline proved to remedy a portion of the problem, the Commission has since observed evidence that this same unscrupulous practice is being utilized by hunters to abuse the bear license requirement during the regular firearms bear season. The Commission is proposing to amend § 143.67 to grant the Director the authority to establish the application deadlines for bear licenses at earlier periods as determined in a further effort to curb these fraudulent license purchases.

 Section 2722(g) of the code (relating to authorized license-issuing agents) directs the Commission to adopt regulations for the administration, control and performance of license issuing activities. The amendments to § 143.67 are proposed under this authority.

2. Regulatory Requirements

 The proposed rulemaking will amend § 143.67 to grant the Director the authority to establish the application deadlines for bear licenses at periods as the Director determines.

3. Persons Affected

 Persons wishing to hunt or trap bears within this Commonwealth will be affected by the proposed rulemaking.

4. Cost and Paperwork Requirements

 The proposed rulemaking should not result in 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 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: 48-328. No fiscal impact; (8) recommends adoption.

Annex A

TITLE 58. RECREATION

PART III. GAME COMMISSION

CHAPTER 143. HUNTING AND FURTAKER LICENSES

Subchapter D. BEAR LICENSES

§ 143.67. Application.

*  *  *  *  *

 (b) Applications for bear licenses [may be made prior to the opening of the regular firearms deer season] shall be submitted in accordance with periods set by the Director by persons who hold a valid regular hunting license.

[Pa.B. Doc. No. 11-511. Filed for public inspection March 25, 2011, 9:00 a.m.]

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