PROPOSED RULEMAKING

GAME COMMISSION

[ 58 PA. CODE CH. 141 ]

Hunting and Trapping; Big Game

[51 Pa.B. 6611]
[Saturday, October 23, 2021]

 To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) proposed at its September 11, 2021, meeting to amend § 141.47 (relating to elk seasons) to eliminate the outdated reference to the elk season orientation.

 This proposed rulemaking will not have an adverse impact on the wildlife resources of this Commonwealth.

 The authority for this proposed rulemaking is 34 Pa.C.S. (relating to Game and Wildlife Code) (code).

 This proposed rulemaking was made public at the September 11, 2021, meeting of the Commission. Comments can be sent until January 19, 2022, to the Director, Information and Education, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797.

1. Purpose and Authority

 The Commission historically required mandatory hunter orientation for all hunters that were successfully drawn for an elk license. The purpose of this orientation was to provide hunters with important information about this unique hunt. The Commission has since transitioned away from this in-person orientation training and instead now provides hunters with all of the necessary instructions by mail with their licensing materials. Considering this change, the Commission is proposing to amend § 141.47 to eliminate the outdated reference to the elk season orientation.

 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 amendments to § 141.47 are proposed under this authority.

2. Regulatory Requirements

 This proposed rulemaking will amend § 141.47 to eliminate the outdated reference to the elk season orientation.

3. Persons Affected

 Persons interested or required to receive important information about hunting elk within this Commonwealth will be affected by this proposed rulemaking.

4. Cost and Paperwork Requirements

 This proposed rulemaking should not result in any additional cost or paperwork.

5. Effective Date

 This 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 this proposed rulemaking, contact Jason L. DeCoskey, Director, Bureau of Wildlife Protection, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717) 783-6526.

BRYAN J. BURHANS, 
Executive Director

 Fiscal Note: 48-476. No fiscal impact; (8) recommends adoption.

Annex A

TITLE 58. RECREATION

PART III. GAME COMMISSION

CHAPTER 141. HUNTING AND TRAPPING

Subchapter C. BIG GAME

§ 141.47. Elk seasons.

 (a) Archery elk season.

 (1) Permitted devices. It is lawful to hunt elk during the archery elk season with any of the following devices:

*  *  *  *  *

 (2) Prohibitions. While hunting elk during the archery elk season, it is unlawful to:

*  *  *  *  *

 (iii) Fail to mark the kill site after lawful harvest in accordance with [Commission] instructions provided [during the elk season orientation] by the Commission.

*  *  *  *  *

 (b) Regular, extended and late firearms elk seasons and elk seasons established for the Special Conservation License and the Special License.

 (1) Permitted devices. It is lawful to hunt elk during the regular, extended and late firearms elk seasons and elk seasons established for the Special Conservation License and the Special License with any of the following devices:

*  *  *  *  *

 (2) Prohibitions. While hunting elk during the regular, extended and late firearms elk seasons and elk seasons established for the Special Conservation License and the Special License, it is unlawful to:

*  *  *  *  *

 (iii) Fail to mark the kill site after lawful harvest in accordance with [Commission] instructions provided [during the elk season orientation] by the Commission.

*  *  *  *  *

[Pa.B. Doc. No. 21-1756. Filed for public inspection October 22, 2021, 9:00 a.m.]

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