RULES AND REGULATIONS
Title 58—RECREATION
GAME COMMISSION
[ 58 PA. CODE CH. 147 ]
Special Permits; Mentored Hunting Program Permit
[51 Pa.B. 5606]
[Saturday, September 4, 2021]To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) at its July 24, 2021, meeting amends § 147.804 (relating to general) to expand species eligibility for the mentored hunting program to include participation in waterfowl, bear and expanded spring (special) turkey seasons.
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 51 Pa.B. 2952 (May 22, 2021).
1. Purpose and Authority
Since the mentored hunting program's initial inception in 2006, the program has gradually grown and expanded to allow the hunting of many additional species of game and wildlife. With each progressive expansion of species eligibility, the mentored hunting program has come into closer alignment to the Commission's traditional hunting license structures. The Commission amends § 147.804 to expand species eligibility for the mentored hunting program to include participation in waterfowl, bear and expanded spring (special) turkey seasons. Existing regulatory structures will authorize mentored youth 7 years of age or older at the time of application and mentored adults to make application for bear licenses and special wild turkey licenses as a direct applicant. Mentored youth under 7 years of age at the time of application will be authorized to receive the harvests tags from bear and special wild turkey licenses by transfer from a mentor in similar fashion to other big game harvest tags.
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 § 147.804 are adopted under this authority.
2. Regulatory Requirements
This final-form rulemaking amends § 147.804 to expand species eligibility for the mentored hunting program to include participation in waterfowl, bear and expanded spring (special) turkey seasons.
3. Persons Affected
Persons wishing to participate in the Mentored Hunting Program will be affected by this final-form rulemaking.
4. Comment and Response Summary
The Commission received only one official comment regarding this final-form rulemaking. This single comment supported the rulemaking's expansion to include access to hunting waterfowl.
5. Cost and Paperwork Requirements
This final-form rulemaking should not result in any additional cost or paperwork.
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 Jason L. DeCoskey, 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), known as the Commonwealth Documents Law 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 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 authorizing statute, orders that:
(a) The regulations of the Commission, 58 Pa. Code Chapter 147, are amended by amending § 147.804 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 48-472 remains valid for the final adoption of the subject regulation.
Annex A
TITLE 58. RECREATION
PART III. GAME COMMISSION
CHAPTER 147. SPECIAL PERMITS
Subchapter X. MENTORED HUNTING PROGRAM PERMIT § 147.804. General.
(a) License required. 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 hunting activities.
(b) Permit required. A mentored youth or mentored adult shall possess a valid applicable mentored hunting permit prior to engaging in any mentored hunting activities. Purchase of a hunting license by an eligible mentored youth or mentored adult shall automatically invalidate any mentored permit and associated harvest tags held by same.
(c) Species limitation. A mentored youth's or mentored adult's hunting eligibility is restricted to the following species: rabbit, hare, ruffed grouse, mourning dove, bobwhite quail, pheasant, crow, squirrel, porcupine, woodchuck, coyote, deer, waterfowl, bear and wild turkey.
* * * * * (k) Transfer of a spring turkey harvest tag or special wild turkey harvest tag. Notwithstanding the prohibitions in section 2711(a)(3) and (5) of the act, mentors are authorized to transfer spring turkey harvest tags or special wild turkey harvest tags issued to them to a mentored youth who was under 7 years of age at the time of application. The spring turkey harvest tag or special wild turkey harvest tag shall be valid and in the possession of the mentor at all times while hunting spring turkey. The transfer of the spring turkey harvest tag or special wild turkey harvest tag may not occur until after the mentored youth has harvested the spring turkey, but before tagging the carcass. A mentored youth may not receive by transfer more than one spring turkey harvest tag or special wild turkey harvest tag each license year. This provision shall not be construed to authorize the transfer of a spring turkey harvest tag or special wild turkey harvest tag to a mentored adult or a mentored youth that was 7 years of age or older at the time of application for the mentored permit.
(l) Application for and issuance of big game harvest tags. Except as provided as follows, mentored youth and mentored adult hunting permits will be issued with an antlered deer, fall turkey and spring turkey harvest tag. No harvest tags will be issued with a mentored youth permit where the applicant is under 7 years of age at the time of application. Mentored youth over 7 years of age at the time of application and mentored adults are additionally eligible to make application for a bear license, a special wild turkey license, and one antlerless deer license and as many DMAP harvest permits that are within the eligibility standards and limitations of these programs.
(m) Application for and issuance of add-on licenses and permits. Mentored youth and mentored adults are exempt from requirements to obtain archery and muzzleloader add-on licenses or stamps applicable to hunting archery or muzzleloader seasons for any species listed in subsection (c). Unless otherwise exempted by existing program standards, all mentored youth and mentored adults are required to obtain migratory bird licenses and pheasant permits to participate in hunting during applicable seasons for any associated species listed in subsection (c).
(n) Transfer of a bear harvest tag. Notwithstanding the prohibitions in section 2711(a)(3) and (5) of the act, mentors are authorized to transfer bear harvest tags issued to them to a mentored youth who was under 7 years of age at the time of application. The bear harvest tag shall be valid and in the possession of the mentor at all times while hunting bear. The transfer of the bear harvest tag may not occur until after the mentored youth has harvested the bear, but before tagging the carcass. A mentored youth may not receive by transfer more than one bear harvest tag each license year. This provision shall not be construed to authorize the transfer of a bear harvest tag to a mentored adult or a mentored youth that was 7 years of age or older at the time of application for the mentored permit.
[Pa.B. Doc. No. 21-1461. Filed for public inspection September 3, 2021, 9:00 a.m.]
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