PROPOSED RULEMAKING
GAME COMMISSION
[58 PA. CODE CHS. 143 AND 147]
Internet Sale of Licenses; Deer Management; Remedial Hunter Education Course; Elk Licenses; Bobcat Hunting
[31 Pa.B. 1566] To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) at its January 23, 2001, meeting, proposed the following amendments:
Amend § 143.11 (relating to internet license sales) by adding language to allow persons to purchase hunting licenses through the Commission's website.
Amend § 143.42 (relating to definitions) by eliminating the words private land and replacing them with unsold, and to allow hunters to apply for multiple licenses without restricting use for private land only.
Amend § 143.49 (relating to issuing licenses), § 143.51 (relating to application and issuance of private land tags), § 143.54 (relating to validity of license), and § 143.55 (relating to unlawful acts) to change the name of antlerless licenses, other than regular antlerless licenses, from private land tags to unsold tags and amend issuance procedures.
Amend § 143.124 (relating to restoration of hunting and furtaking privileges of offenders in hunting related shooting incidents, or other mandatory revocations) by requiring a remedial hunter education course for all persons whose hunting and trapping privileges have been revoked under mandatory revocation. Course may be taken no earlier than 3 months prior to the end of the period of revocation and a fee of $50 will be charged.
Add Chapter 143, Subchapter K (relating to elk licenses) to establish methods for applying for elk licenses.
Amend § 147.701 (relating to general) to give applicants the opportunity to also apply for a bobcat permit through the Commission's website and to improve the administration of the drawing to provide a reliable crosscheck of the database for duplicate applications.
These proposed amendments will have no adverse impact on the wildlife resources of this Commonwealth.
The authority for these proposals is 34 Pa.C.S. (relating to the Game and Wildlife Code).
These proposals were made public at the January 23, 2001, meeting of the Commission, and comments on these proposals can be sent to the Director of the Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, until April 6, 2001.
Proposed Amendment of § 143.111
Introduction
To more effectively issue hunting and furtaking licenses, the Commission at its January 23, 2001, meeting proposed adding § 143.11 providing for Internet license sales. This addition is being proposed under section 2722(g)(2) of the code (relating to authorized license--issuing agents).
Purpose and Authority
The act of December 20, 2000 (P. L. 452, No. 111) (Act 111) amended section 2708 of the code to allow for the electronic application for and issuance of hunting licenses. Act 111 also added section 2708(c) which authorizes the Director, with approval of the Commission, to establish additional policies and procedures with regard to accepting and processing of electronically filed license applications. As a result, the Commission proposed § 143.11 to provide procedures for issuance of additional hunting licenses by means of the Internet.
Also, section 2722(g)(2) of the code authorizes the Commission to adopt regulations for the administration, control and performance of license issuance activities. This provision supplies the authority for the proposal.
Regulatory Requirements
The proposed change will allow printing of additional license privileges on hunting license back tags and the validating of those privileges by the assigning and entering of a web order number.
Persons Affected
Individuals wishing to take advantage of additional license issuance by Internet will be required to follow the new procedures.
Cost and Paperwork Requirements
The proposal will only require the entering of a web order number on the hunting back tag.
Proposed Amendments to §§ 143.42, 143.49, 143.51, 143.54 and 143.55
1. Introduction
At its April and June 2000 meetings, the Commission proposed and adopted restricting the use of unsold antlerless deer licenses to ''private land.'' After one hunting season of the restriction, the Commission has decided that is not the most effective means of deer management. In addition, the Commission is in the process of revamping its entire deer management program.
As a result, the Commission at its January 23, 2001, meeting proposed changing §§ 143.42, 143.49, 143.51, 143.54 and 143.55 to redesignate ''private land'' tags back to ''unsold'' tags and eliminate the private land restrictions contained in those sections. The proposed changes are being made under the authority of section 2102 of the code (relating to regulations).
2. Purpose and Authority
As was indicated in the Introduction of this Preamble, the Commission is in the process of changing its deer management program. Originally, it was thought that restricting the use of unsold antlerless deer licenses to private land and public land with an approved management plan would increase hunting pressure on private lands. It is important, however, to maintain hunting pressure on public lands also. The proposed designation back to ''unsold antlerless deer tags'' should accomplish this purpose.
The proposed changes to § 143.42 will substitute ''unsold'' for ''private land'' in the definitions and delete the definition of ''public land.'' The proposed change to § 143.49 makes an exception to the United States Postal Service delivery deadline for ''private land'' licenses which are redesignated as ''unsold tags.'' The proposed changes to § 143.51 involve substituting ''unsold'' wherever ''private land'' is found, deleting provisions for approval of deer management plans on public land, and setting the eligibility date for applying for unsold tags. The proposed change to § 143.54 involves the deletion of a provision that private land tags are valid only on private land or public land with an approved management plan. Finally, the proposed changes to § 143.55 would essentially substitute ''unsold'' for ''private land.''
Section 2102 of the code directs the Commission to promulgate the regulations as it deems necessary and appropriate concerning game or wildlife and hunting. This section provides authority for the proposed changes.
3. Regulatory Requirements
The proposed changes would relax current requirements.
4. Persons Affected
Those wishing to harvest antlerless deer could be affected by the proposed changes.
5. Cost and Paperwork Requirements
The proposed changes should not result in any additional cost or paperwork.
Proposed Amendment to § 143.124
1. Introduction
Act 111 amended section 929 of the code (relating to revocation or denial of license, permit or registration) to require persons whose hunting privileges have been revoked or suspended under a mandatory provision of the code to successfully complete a separate remedial hunter education course prior to obtaining a hunting license. To implement this change in the law, the Commission at its January 23, 2001, meeting proposed changing § 143.124 to provide for the required remedial hunter education course. This proposal was made under a specific mandate contained in Act 111 which is now part of section 929 of the code.
2. Purpose and Authority
The act of December 19, 1996 (P. L. 1442, No. 184) (Act 184) amended section 929 of the code to require persons whose hunting privileges were revoked or suspended under a mandatory provision of the code to successfully complete a hunter education course. After a great deal of consideration, the Commission decided to propose to the General Assembly that the requirement involve a remedial hunter education course separate from the course designed for those desiring to be first-time hunters. This proposal was accepted in the form of Act 111.
Act 111 specifically provides that ''the Commission shall promulgate regulations establishing the curriculum, administration and any associated fees of such a remedial course . . .'' In addition, section 929(b) of the code generally authorizes the Commission to promulgate regulations relating to revocation of hunting and furtaking privileges. These provisions provide the authority for the proposed changes.
3. Regulatory Requirements
The proposed changes specify the minimum content of the remedial hunter education program and direct the Commission's Hunter-Trapper Education Division to develop and administer the program. In addition, those enrolling in the remedial course will be required to pay a fee of $50.
4. Persons Affected
Individuals whose hunting license privileges have been revoked or suspended under mandatory provisions of the code would be affected.
5. Cost and Paperwork Requirements
Persons required to enroll in the remedial hunter education course will be required to pay a $50 fee under the proposal. The Commission will also need to develop a program of instruction which will entail additional paperwork.
Proposed Addition of Chapter 143, Subchapter K
1. Introduction
Act 111 added section 2705(15) to the code, which provides for issuance by the Commission of elk hunting licenses. In addition, the Commission has proposed regulations providing for an elk hunting season in this Commonwealth in 2001. As a result, the Commission at its January 23, 2001, meeting proposed adding Subchapter K. The new subchapter would establish policies and procedures for the issuance of elk hunting licenses. This subchapter is proposed under sections 2705(15) and 2722(g)(2) of the code.
2. Purpose and Authority
The elk population in this Commonwealth has been increasing in recent years. This has resulted in increased complaints of nuisance elk and a larger number of incidents of elk being shot for crop damage. Also, as was previously stated, the legal framework for an elk hunting season is being established. One of the final steps is the establishment of policies and procedures for issuing elk licenses. The proposed addition of Subchapter K will accomplish this purpose.
Section 2705(15) of the code specifically authorizes the Commission to promulgate regulations to establish a limited number of elk licenses and allows the establishment of a nonrefundable application fee of $10. In addition, section 2722(g)(2) of the code directs the Commission to adopt regulations for the administration and control of issuance of hunting licenses. Theses sections provide the authority for the proposed regulations.
3. Regulatory Requirements
The proposal will require the submission to the Commission's Harrisburg Headquarters of a complete and legible paper or electronic elk license application, the payment of a $10 nonrefundable application fee, and the random drawing of the successful applications. Successful applicants will be required to have a regular hunting license, unless they are exempt, and to attend an orientation session. Applicants receiving an antlered elk license will be disqualified from applying for another elk license for 5 years.
Proposed Amendment of § 147.701
1. Introduction
2000-2001 is the first year in which the Commonwealth has had a bobcat hunting and trapping season. To facilitate that season, the Commission at its April 4, 2000, meeting adopted §§ 147.701 and 147.702 which provide for the issuance of a bobcat hunting trapping permit. Primarily, to allow for submission of applications for bobcat hunting-trapping permits through the Internet, the Commission at its January 23, 2001, meeting proposed changes to § 147.701. These changes would be made under authority contained in sections 2901, 2902 and 2904 of the code (relating to authority to issue permits; general categories of permits; and permit fees).
2. Purpose and Authority
After 1 year including a bobcat hunting-trapping season, some minor adjustments clearly need to be made. The proposed adjustments include the option of applying for a bobcat permit over the Internet, changes in the application period, the addition of a provision that incomplete, illegible or duplicate applications will not be included in the drawing, and deletion of a provision that permits will be limited to the first 290 valid applications drawn.
Section 2901(b) of the code authorizes the Commission to promulgate regulations for the issuance of any permit. Section 2902(c) of the code authorizes the director to ''. . . issue other permits, with or without charge, as required to control the taking of game or wildlife...'' Finally, section 2904(18) of the code mandates that the Commission ''. . . shall set a reasonable fee for any permit required by this title which is not specifically set forth in this section.'' These sections provide the authority for the proposed amendment.
3. Regulatory Requirements
The proposed amendment requires holders of furtaker or combination licenses to submit a complete, legible application together with a nonrefundable fee between July l and the third Friday in August to obtain bobcat permit. Those receiving a permit and harvesting a bobcat will be required to comply with tagging requirements.
4. Persons Affected
Persons wishing to harvest a bobcat by hunting or trapping will be affected by the proposed regulations.
5. Cost and Paperwork Requirement
Applicants for a permit will be required to submit a complete, legible application and pay a nonrefundable fee of $5 which should cover the cost of issuing permits and tagging bobcats.
Effective Date
The proposed changes will be effective on final publication in the Pennsylvania Bulletin and will remain in effect until changed by the Commission.
Contact Person
For further information on the proposed changes contact David E. Overcash, Acting Director, Bureau of Law Enforcement, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717) 783-6526.
VERNON R. ROSS,
Executive DirectorFiscal Note: 48-130. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 58. RECREATION
PART III. GAME COMMISSION
CHAPTER 143. HUNTING AND FURTAKER LICENSES
Subchapter A. GENERAL § 143.11. Internet license sales.
To fulfill Internet orders for general hunting licenses, the Commission may print specific license privileges directly on the hunting license back tag. For individuals who already possess a valid hunting license and opt to purchase an archery, muzzleloader, migratory game bird or bear license using the Commission's website, the Commission may assign a web order number to issue these additional license privileges. To validate these additional privileges, the license holder shall enter his web order number on the general hunting license back tag and sign in the spaces provided.
Subchapter C. ANTLERLESS DEER LICENSES § 143.42. Definitions.
The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise:
* * * * * [Private land--Land that is not defined as public land.
Private land] Unsold tag--An antlerless deer license permitting properly licensed persons to take an antlerless deer during [the regular] any firearms antlerless deer season, archery or flintlock muzzleloader and muzzleloader deer seasons in the county of issue.
[Private land] Unsold tag application--The form contained in the ''Hunting and Trapping Digest'' used in applying for [a private land] an unsold tag.
* * * * * [Public land--Any land owned or controlled by a Federal or State agency, or municipal political subdivision.]
* * * * * § 143.49. Issuing licenses.
* * * * * (c) Except as otherwise provided in § 143.52 (relating to procedure for unlimited antlerless licenses) and for qualified landowners, licenses issued shall be delivered to successful applicants in the envelope by standard first class mail through and by the United States Postal Service. Licenses shall be placed with the United States Postal Service no later than the third Monday in September, except for licenses issued under § 143.51(f) (relating to application and issuance of unsold tags) which shall be placed with the United States Postal Service no later than the fourth Monday in September. If more than one application is mailed to the county treasurer in the same envelope, the licenses shall be mailed to the person whose name appears on the return section of the envelope. The person receiving the additional licenses is responsible for delivering them to the appropriate people.
* * * * * § 143.51. Application and issuance of [private land] unsold tags.
(a) Except as provided in § 143.52 (relating to procedures for unlimited antlerless licenses), beginning on the fourth Monday in August, residents and nonresidents of this Commonwealth are eligible to receive [a private land] an unsold tag. [Private land tags are valid only on private land or on public land with a deer management plan approved by the Commission.]
(b) An applicant for this tag may not use the regular antlerless deer license application. An applicant shall only use the [private land] unsold application contained in the ''Hunting and Trapping Digest'' or a reasonable facsimile thereof.
* * * * * (e) [Private land] Unsold tags shall be validated by the addition of the county treasurer's signature or signature stamp, date of issue and the applicant's regular hunting license back tag number. The county treasurer shall write in ink the applicant's regular hunting license back tag number on the antlerless deer ear tag [and stamp the face of the license ''private land only'' with a stamp provided by the Commission].
(f) [The procedure for approval of a deer management plan is as follows:
(1) An application for approval of a deer management plan that would allow private land tags to be used on a designated area of public land shall be submitted by an authorized officer or employe of the political subdivision in the form required by the Director.
(2) An application for approval of a deer management plan that will allow the use of private land tags on a designated public land area shall contain the following information:
(i) The name of the political subdivision that is requesting approval of a deer management plan.
(ii) The name and address of the authorized officer or employe of the political subdivision who will be the contact person for the plan.
(iii) A map showing the location and boundaries of the area and the county, township and Commission deer management unit the site is located in.
(iv) A description of the management area delineated on the map in subparagraph (iii) including the size in acres, cover types (forested, nonforested), principal land uses, huntable areas and safety zones, and hunter access points.
(v) A brief description of the area including access points that the person in control of the land wants to have posted on the Commission web site, as well as the name and address of a contact person for more information.
(vi) An explanation of deer management goals and objectives for the area. Goals include deer density, habitat condition, forest regeneration, other wildlife and recreational opportunities.
(vii) An explanation to substantiate why the person in control of the land wants to increase the harvest of antlerless deer by allowing use of private land tags on the area. Area specific information shall be provided that supports the deer management goals and objectives such as deer density estimates, indices of deer abundance, buck/doe ratios, fawn/doe ratios, deer condition, habitat conditions, plant species abundance or diversity, forest regeneration, and hunter success rates.
(3) Completed applications shall be received at least 2 months before the first day that applications for private land tags can be accepted. The person in control of the land will be notified of approval or disapproval at least 1 month before the first day that applications for private land tags can be accepted.
(4) Upon approval of the deer management plan, the person in control of the land will conspicuously post the site boundary and all public roadways traversing the property with signs provided by the Commission. Posting shall be completed by the opening date of the first fall antlerless deer season.]
Beginning on the second Monday in September, residents and nonresidents of this Commonwealth are eligible to apply for one additional unsold tag by mail.
§ 143.54. Validity of license.
An antlerless deer license is valid for taking antlerless deer only in the county designated on the antlerless deer license. [Private land tags are valid only on private land or on public land with a deer management plan approved by the Commission.]
§ 143.55. Unlawful acts.
It is unlawful:
* * * * * (5) For a person to apply for or receive more than one antlerless license or more than one [private land] unsold tag, except as specified in §§ 143.51(f), 143.52 [(a) and (b)] and 143.53 (relating to application and issuance of unsold tags; procedure for unlimited antlerless deer licenses; and reapplication).
* * * * *
Subchapter G. MANDATED REVOCATION OF HUNTING AND FURTAKING LICENSE AND RIGHTS § 143.124. Restoration of hunting and furtaking privileges of offenders in hunting related shooting incidents, or other mandatory revocations.
(a) A person whose hunting and furtaking privileges have been denied under section 2522(c) [(1)--(2) and (3)] of the act (relating to shooting at or causing injury to human beings), shall, prior to having hunting and furtaking privileges restored, comply with the following:
* * * * * (2) Provide to the Commission on a form provided, evidence that the offender has successfully completed a Commission sponsored remedial hunter [/trapper] education course.
(b) A remedial hunter education course shall be a specific course of study sponsored by the Commission that is to be completed by certain offenders of the act before their license privileges are restored. It shall include lessons concerning the safe use and handling of firearms, hunting laws and regulations, responsible hunting behavior and hunter ethics.
(1) The development and administration of the remedial hunter education program shall be the responsibility of the Hunter-Trapper Education Division.
(2) A fee of $50 shall be charged to each student to enroll in a remedial hunter education course.
(Editor's Note: The following chapter is new. It has been printed in regular type to enhance readability.)
Subchapter K. ELK LICENSES Sec.
143.201. Purpose and scope. 143.202. Application. 143.203. Drawing. 143.204. Unlawful acts. 143.205. Penalties. § 143.201. Purpose and scope.
If the Commission approves an elk hunting season, this subchapter establishes methods of applying for elk licenses. The Commission will set the number of licenses to be issued, establishing a quantity of tags for antlered and antlerless elk.
§ 143.202. Application.
(a) Applications for elk licenses shall be submitted to the Commission's Harrisburg Headquarters. The Executive Director will set periods for accepting applications.
(b) Applications for elk licenses shall be made using an electronic application on the Commission's Internet website or a paper form made available by the Commission providing information as may be required by the Executive Director. A nonrefundable $10 application fee shall accompany each application.
(c) For the purpose of having a unique identifier assigned to each individual in the database, permitting a crosscheck for duplicates, applicants shall provide their Social Security number on the application.
§ 143.203. Drawing.
(a) The Executive Director will set the date and location for the random drawing of applications for the issuance of elk licenses. Incomplete, illegible or duplicate applications will not be included in the drawing.
(b) In any given year, no more than 10% of the applications drawn shall be nonresident. A yearly cap on the number of nonresident applications that may be drawn shall be based on the percentage of nonresident general hunting licenses issued the previous year.
(c) An applicant issued an antlered elk license is not permitted to apply for another elk license for 5 license years.
(d) Qualified applicants and alternates drawn for an elk license shall be required to obtain a regular hunting license prior to attending an orientation session sponsored by the Commission before the elk license is issued. Persons who are eligible for license and fee exemptions and meetthe requirements prescribed in section 2706 of the act (relating to resident license and fee exemptions) are not required to purchase a regular hunting license.
(e) The number of licenses shall be limited to the first 30 valid applications drawn.
§ 143.204. Unlawful acts.
It is unlawful for a person to:
(1) Submit more than one application for an elk license during any hunting license year.
(2) Apply for or to receive a license contrary to the act or this part.
§ 143.205. Penalties.
A person violating this subchapter shall, upon conviction, be sentenced to pay the fine prescribed in the act.
CHAPTER 147. SPECIAL PERMITS
Subchapter S. BOBCAT HUNTING-TRAPPING PERMIT § 147.701. General.
This section provides for permits to be issued for the hunting and trapping of bobcat during the season established and in areas designated under § 139.4 (relating to seasons and bag limits for the license year).
* * * * * (2) The fee for an application for a permit to take a bobcat is $5.
(3) Applications shall be submitted on a form supplied by the Commission or by using an electronic application on the Commission's Internet website and shall contain the required information as requested. For the purpose of having a unique identifier assigned to each individual in the database, permitting a crosscheck for duplicates, applicants shall provide their Social Security number on the application. A [check or money order in the amount of] $5 [payable to the ''Pennsylvania Game Commission''] application fee shall accompany the application and is nonrefundable. Applications shall be [mailed] submitted to the Commission's [Bureau of Wildlife Management, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797] Harrisburg Headquarters.
(4) Applications may only be submitted [by mail] between July 1 and [August 31] the third Friday in August. Applications [received] postmarked later than [August 31] the third Friday in August will be rejected.
* * * * * (6) The selection of [mailed application forms] applications will be made by random drawing from all eligible applications submitted. Incomplete, illegible or duplicate applications will not be included in the drawing. The drawing will be held at the Commission's Harrisburg [headquarters] Headquarters on the second Friday in September and shall be open to the public.
(7) A special permit authorizing the lawful taking of one bobcat will be delivered to successful applicants by standard first class mail through and by the United States Postal Service. Permits shall be mailed by the first Friday in October [and will be limited to the first 290 valid applications drawn].
* * * * * (9) An applicant issued a bobcat hunting-trapping permit is not permitted to apply for another bobcat hunting-trapping permit the next license year.
[Pa.B. Doc. No. 01-501. Filed for public inspection March 23, 2001, 9:00 a.m.]
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