RULES AND REGULATIONS
Title 58—RECREATION
GAME COMMISSION
[ 58 PA. CODE CH. 147 ]
Special Permits; Pheasant Permit
[48 Pa.B. 3091]
[Saturday, May 26, 2018]To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its April 24, 2018, meeting, amended §§ 147.316 and 147.317 (relating to application; and permit) to require junior hunters to obtain a free pheasant permit to hunt pheasants in this Commonwealth. The Commission also amended § 147.317 to exempt additional individuals from the pheasant permit requirement, including individuals currently exempted from licensure by statute, individuals hunting and taking privately acquired propagated pheasants on private lands, and senior lifetime license holders that acquired their licenses before May 13, 2017, the effective date of the pheasant permit program.
This final-form rulemaking will not have an adverse impact on the wildlife resources of this Commonwealth.
The authority for this final-form rulemaking is 34 Pa.C.S. (relating to Game and Wildlife Code) (code).
Notice of proposed rulemaking was published at 48 Pa.B. 1695 (March 24, 2018).
1. Purpose and Authority
The Commission amends §§ 147.316 and 147.317 to require junior hunters to obtain a free pheasant permit to hunt pheasants in this Commonwealth. This change will allow the Commission to track junior hunter participation in the pheasant hunting program. This change will also allow the Commission to accept Wildlife Restoration Act (16 U.S.C.A. §§ 669—669k) grant funds for each permit issued to a junior hunter.
The Commission also amends § 147.317 to exempt additional individuals from the pheasant permit requirement, including individuals currently exempted from licensure by statute, individuals hunting and taking privately acquired propagated pheasants on private lands, and senior lifetime license holders that acquired their licenses before May 13, 2017, the effective date of the pheasant permit program. The first exempted group includes persons hunting pheasants on commercial and noncommercial regulated hunting grounds or special retriever training areas, as well as persons engaged in dog training activities under a dog training area, special retriever area, field dog trial or field dog trial for retrievers permit.
The second group will allow privately acquired pheasants to be hunted and killed on private property without requirement of a pheasant permit or its associated fee. This exemption does not apply to wild pheasants or on private lands designated by agreement as cooperative access lands. This exemption will also require that any pheasants hunted, taken or possessed under this paragraph shall be banded, tagged, marked or receipted in accordance with section 2930 of the code (relating to propagating permits).
The third and final group will allow individuals that previously acquired a senior lifetime resident hunting license or senior lifetime resident combination hunting and furtaking license, as defined under section 2705 of the code (relating to classes of licenses), prior to May 13, 2017, to hunt without acquiring a pheasant permit. This addition was made to accommodate concerns submitted by lifetime license holders that obtained their lifetime license status prior to the effective date of the initial pheasant permit program.
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.'' The amendments to §§ 147.316 and 147.317 are adopted under this authority.
2. Regulatory Requirements
This final-form rulemaking amends §§ 147.316 and 147.317 to require junior hunters to obtain a free pheasant permit to hunt pheasants in this Commonwealth. The Commission also amends § 147.317 to exempt additional individuals from the pheasant permit requirement, including individuals currently exempted from licensure by statute, individuals hunting and taking privately acquired propagated pheasants on private lands, and senior lifetime license holders that acquired their licenses before May 13, 2017, the effective date of the pheasant permit program.
3. Persons Affected
Persons wishing to hunt or take pheasants in this Commonwealth may be affected by this final-form rulemaking.
4. Comment and Response Summary
The Commission received eight comments regarding this final-form rulemaking. Two comments requested the Commission to exempt senior lifetime license holders from the pheasant permit requirement. These comments and related oral testimony convinced the Commission to incorporate this exemption in this final-form rulemaking. Two comments requested that senior license holders be exempted from the pheasant permit requirement, except when hunting with a dog. This exemption was not adopted. Four comments requested that the Commission set differing fee structures based upon residency, junior hunter status or whether a person is hunting pheasants with or without a dog. These changes were not adopted.
5. Cost and Paperwork Requirements
This final-form rulemaking will result in the creation of a new class of permit that will be required for junior hunters. The Commission anticipates that this free permit will be made available through the Pennsylvania Automated License System, therefore additional paperwork requirements to the general public will be nominal. The Commission has determined that there will be limited personnel and administrative costs associated with the implementation of this new permit class. However, the Commission anticipates that these costs will be accommodated through existing staffing and existing budgets. This final-form rulemaking will also result in a reduction in cost and paperwork requirements for the additional individuals that are now exempted from the pheasant hunting permit requirement.
6. Effective Date
This final-form rulemaking will be effective upon final-form publication in the Pennsylvania Bulletin and will remain in effect until changed by the Commission.
7. Contact Person
For further information regarding this final-form rulemaking, contact Randy L. Shoup, 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.
(2) The adoption of the 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 the authorizing statute, orders that:
(a) The regulations of the Commission, 58 Pa. Code Chapter 147, are amended by amending §§ 147.316 and 147.317 to read as set forth in Annex A.
(b) The Executive Director of the Commission shall certify this order 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.
BRYAN J. BURHANS,
Executive DirectorFiscal Note: Fiscal Note 48-430 remains valid for the final adoption of the subject regulations.
Annex A
TITLE 58. RECREATION
PART III. GAME COMMISSION
CHAPTER 147. SPECIAL PERMITS
Subchapter Q. PHEASANT PERMIT § 147.316. Application.
(a) Form and content. Applications for pheasant 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 applicant's name, address, date of birth, Commission-issued Customer Identification Number and any other information required by the Commission.
(b) Eligibility.
(1) Adult pheasant hunting permit applications are available for submission by applicants in possession of a valid resident or nonresident adult or senior hunting license, or a valid mentored adult hunting permit. The fee for an adult pheasant hunting permit is $25, plus any applicable transactional and issuing agent fees.
(2) Junior pheasant hunting permit applications are available for submission by applicants in possession of a valid resident or nonresident junior hunting license. There is not a fee for a junior pheasant hunting permit.
§ 147.317. Permit.
(a) A pheasant hunting permit is required for any person to hunt or take pheasants by any means or manner or device, including the use of dogs, in this Commonwealth.
(b) A pheasant hunting permit shall be signed and carried on person when hunting or taking pheasants in this Commonwealth.
(c) This section and subchapter may not be construed to require a permit for individuals engaged in:
(1) Lawful pheasant hunting activities under a valid commercial or noncommercial regulated hunting grounds or special retriever training area permit issued under sections 2928 and 2942 of the act (relating to regulated hunting grounds permits; and special retriever training areas).
(2) Lawful dog training activities under a valid dog training area, special retriever area, field dog trial or field dog trial for retrievers permit issued under sections 2941—2944 of the act.
(3) Lawful hunting of pheasants they have acquired and released on private lands not otherwise designated as cooperative access lands under sections 709 and 729 of the act (relating to cooperative agreements relating to land; and public access projects). Any pheasants hunted, taken or possessed under this paragraph shall be banded, tagged, marked or receipted in accordance with section 2930 of the act (relating to propagating permits).
(4) Lawful hunting of pheasants by persons that previously acquired a senior lifetime resident hunting license or senior lifetime resident combination hunting and furtaking license, as defined under 2705 of the act (relating to classes of licenses), prior to May 13, 2017.
[Pa.B. Doc. No. 18-824. Filed for public inspection May 25, 2018, 9:00 a.m.]
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