RULES AND REGULATIONS
Title 58—RECREATION
GAME COMMISSION
[58 PA. CODE CH. 143]
Hunting and Furtaker Licenses; Appointment of Agents
[53 Pa.B. 6844]
[Saturday, November 4, 2023]To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) at its September 16, 2023, meeting amended §§ 143.21, 143.23, 143.24, 143.27, 143.28 and 143.30 and deleted §§ 143.22, 143.25 and 143.26 to reduce issuing agent application fees, minimum annual sales quotas and annual bonding rates.
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 53 Pa.B. 5001 (August 12, 2023).
1. Purpose and Authority
The Commission recently conducted an evaluation of its issuing agent program looking for ways to decrease costs and requirements applied to this group. This effort is, in part, related to the Commission's recognition of the significant impact that changes to its license sales process have had on issuing agents in the form of reduced license sales opportunities and increased business costs. For these reasons, the Commission amends §§ 143.21, 143.23, 143.24, 143.27, 143.28 and 143.30 and deletes §§ 143.22, 143.25 and 143.26 to reduce issuing agent application fees, minimum annual sales quotas and annual bonding rates.
Former regulations set the annual issuing agent application fee at $500. First-year issuing agents were eligible to apply for application fee rebates of up to $400 depending on the number of licenses they sold throughout the license year. However, few first-year issuing agents recouped more than $100 to $200 in rebates each year. Moreover, the $500 application fee figure was set at a time that predated the availability of Internet license sales and onsite license printing for in-person sales that are now current standards. Due to the updates and advances in the licensing system process and infrastructure over the past decade, the Commission determined that it could safely lower costs to issuing agents by reducing the annual issuing agent application fee from $500 to $200 without creating any unreasonable risk to the Commission. Furthermore, this change mitigated the need for the Commission to maintain the existing rebate program, thus allowing the applicable regulations to be simplified by elimination of regulatory text.
Former regulations also required an issuing agent applicant to acquire and maintain an $18,000 bond. This bonding rate was set at a time when pre-printed paper licenses were sent to issuing agents to cover the Commission's significant investment in the value of the paper license stock, as well as the resulting fees collected by issuing agents. After the Commission's migration to the current onsite printable licenses, its investment in license paper stock has significantly reduced. Furthermore, the Commission's migration to weekly electronic funds transfers has also reduced the Commission's financial risk associated with collection of the revenues generated by license and permit sales. Lastly, of the few instances in the past 2 years where the Commission collected against an agent's bond, the claims fell well below the $18,000 figure. Due to all the updates and advances in the licensing system process and infrastructure over the past decade, the Commission determined that it could safely lower costs to issuing agents by reducing the annual bonding rate from $18,000 to $11,000 without creating any unreasonable risk to the Commission.
As an added measure to reduce requirements on issuing agents, the Commission determined it appropriate to reduce the annual minimum sales requirement from 50 to 25 license products per year. The changes will also allow mentored hunting permits to be included in an issuing agent's sales figures. Lastly, the Commission determined that it is no longer necessary to maintain the limited November 1 through March 31 application window for issuing agent applications due to the advances in technology and license issuance processes. Allowing applications year-round will give issuing agent applicants greater access without creating any unreasonable burdens on the Commission. It is worth noting that the Commission amended its original proposal to delete § 143.28, by replacing the deletion with the addition of new text specifically authorizing year-round submission of issuing agent applications. This amendment should provide greater clarity on the authorized period of application.
Section 2722(g)(2) of the code (relating to authorized license-issuing agents) provides that the Commission shall adopt regulations for ''[t]he administration, control and performance of activities conducted pursuant to the provisions of this chapter.'' The amendments to §§ 143.21, 143.23, 143.24, 143.27, 143.28 and 143.30 and deletion of §§ 143.22, 143.25 and 143.26 are adopted under this authority.
2. Regulatory Requirements
This final-form rulemaking amends §§ 143.21, 143.23, 143.24, 143.27, 143.28 and 143.30 and deletes §§ 143.22, 143.25 and 143.26 to reduce issuing agent application fees, minimum annual sales quotas and annual bonding rates.
3. Persons Affected
Persons wishing to become an issuing agent within this Commonwealth will be affected by this final-form rulemaking.
4. Comment and Response Summary
There were no official comments received on this final-form rulemaking.
5. Cost and Paperwork Requirements
This final-form rulemaking should not result in any additional paperwork for the Commission or its issuing agents. However, this final-form rulemaking will result in significant reductions in costs to the Commission's issuing agents in the form of reduced application fees and bonding rates.
6. Effective Date
This final-form rulemaking will be effective upon publication in the Pennsylvania Bulletin and will remain in effect until changed by the Commission.
7. Contact Person
For further information about 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), referred to 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 143, are amended by amending §§ 143.21, 143.23, 143.24, 143.27, 143.28 and 143.30 and deleting §§ 143.22, 143.25 and 143.26 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 publication in the Pennsylvania Bulletin.
BRYAN J. BURHANS,
Executive DirectorFiscal Note: Fiscal Note 48-500 remains valid for the final adoption of the subject regulations.
Annex A
TITLE 58. RECREATION
PART III. GAME COMMISSION
CHAPTER 143. HUNTING AND FURTAKER LICENSES
Subchapter B. APPOINTMENT OF AGENTS § 143.21. Appointment of agents.
A person desiring appointment as an agent shall apply to the Commission on the form provided. An application fee of $200 is required for each location, in the form of a negotiable check or money order payable to ''Pennsylvania Game Commission.'' The completed application, along with the application fee, shall be forwarded to: Pennsylvania Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797.
§ 143.22. [Reserved].
§ 143.23. Minimum sales requirement.
To continue as an agent, a minimum of 25 license or permit products shall be sold each license year. Qualifying licenses, for the purpose of calculating 25 hunting licenses, will be the regular resident, nonresident hunting and furtakers licenses and mentored hunting permits. Archery, muzzleloader, bear, special wild turkey, migratory game bird and replacement licenses are not included as qualifying licenses. In addition, an agent shall continue to meet the requirements in § 143.27 (relating to conditions for appointment).
§ 143.24. Fee for reapplication.
If an agent sells less than the required 25 qualifying licenses in a given license year, and is removed by the Commission, or if an agent voluntarily withdraws, a subsequent reapplication requires payment of the application fee.
§ 143.25. [Reserved].
§ 143.26. [Reserved].
§ 143.27. Conditions for appointment.
A person desiring consideration for appointment as an agent shall meet the following conditions:
(1) Be a resident of this Commonwealth or an entity registered to do business in this Commonwealth.
(2) Operate a bona fide sporting goods sales outlet where the public expects to find this service.
(3) Be open to the public during reasonable daylight and evening hours.
(4) Not operate on a seasonal or part-time basis.
(5) Agree to and demonstrate ability to provide full license service and cooperation to the public throughout the entire license sales period, and keep records required by the Commission and by statute.
(6) Provide security to the Commission in an amount of at least $11,000.
§ 143.28. Application period.
A person requesting appointment as an agent may submit the appropriate completed application form to the Commission in Harrisburg at any time through the license year.
§ 143.30. Notice of disapproved applications.
The Commission will provide prompt written notice of its disapproval of an application submitted under this subchapter and return the application fee to the applicant.
[Pa.B. Doc. No. 23-1506. Filed for public inspection November 3, 2023, 9:00 a.m.]
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