RULES AND REGULATIONS
Title 58—RECREATION
GAME COMMISSION
[ 58 PA. CODE CH. 143 ]
Hunting and Furtaker Licenses; Antlerless Deer Licenses
[53 Pa.B. 3106]
[Saturday, June 10, 2023]To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) at its April 15, 2023, meeting amends §§ 143.41—143.45 and deletes §§ 143.48—143.56 to eliminate the mail-in antlerless deer license application process and replace it with an online and over-the-counter process.
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. 1940 (April 8, 2023).
1. Purpose and Authority
Historically, county treasurers have been the only class of issuing agents that were authorized to issue antlerless deer licenses. This limited authority structure necessitated the use of an inflexible and outdated mail-in antlerless license application process that generated inconsistent distribution results from year to year and from county to county. The act of November 3, 2022 (P.L. 2133, No. 148) (Act 148) expanded the Commission's authority to designate additional classes of issuing agents to issue antlerless deer licenses. This legislation became effective January 2, 2023.
Under this new legislation, the Commission is now able to designate any or all issuing agent classes as authorized to issue antlerless licenses. With these expanded issuing agent opportunities, the Commission is now able to implement full use of all the PALS license sales system services for antlerless licenses that have been available for other license types for many years, including online and over-the-counter sales. The Commission does not anticipate that this modernized sales process will result in a significantly different license purchasing experience for most antlerless deer license applicants as it expects that many of these purchases will be combined with other license product purchases a la carte at the beginning of the license year.
The Commission amends §§ 143.41—143.45 and deletes §§ 143.48—143.56 to eliminate the mail-in antlerless deer license application process and replace it with an online and over-the-counter process. These amendments make two notable changes to the antlerless deer license regulations. Under the first change, the eligibility criteria for the issuance of antlerless deer licenses outside of the allocations established to wildlife management units (WMU) have been slightly expanded to include additional eligibility for disabled veteran licenses. It should be noted that the proposed inclusion of landowner licenses in this expansion under the original proposed rulemaking has been deleted on final adoption to maintain conformity with section 2706(c) of the code (relating to resident license and fee exemptions). Under the second change, the antlerless deer license consecutive sales rounds timeline has been advanced a few weeks because of the elimination of the slower mail-in procedures. The remaining amendments to the regulatory text reorganize and reconstitute existing procedures and requirements for the distribution of antlerless deer licenses.
The Commission will continue to accept applications for antlerless deer licenses allocated to each WMU on a first-come, first-served basis through one or more sales rounds that will remain open until the supply of licenses is exhausted for each respective unit. This process will also maintain the familiar three-round application process that limits the distribution of one antlerless deer license per round followed by a fourth round of continuous over-the-counter sales for those WMUs with remaining allocations.
Section 2722(g)(2) of the code (relating to authorized license-issuing agents) provides that the Commission shall adopt regulations for ''The administration, control and performance of activities conducted pursuant to the provisions of this chapter.'' The amendments to §§ 143.41—143.45 and deletion of §§ 143.48—143.56 are adopted under this authority.
2. Regulatory Requirements
This final-form rulemaking amends §§ 143.41—143.45 and deletes §§ 143.48—143.56 to eliminate the mail-in antlerless deer license application process and replace it with an online and over-the-counter process.
3. Persons Affected
Persons wishing to apply for an antlerless deer license within this Commonwealth will be affected by this final-form rulemaking.
4. Comment and Response Summary
The Commission received two official written comments regarding this final-form rulemaking. The first comment opposed opening antlerless deer license sales on the same date as regular license sales, but was unclear on the reasons why this change was improper. The Commission has determined that the historical antlerless deer license sales process created an unnecessary and redundant process for customers to navigate. The Commission believes that the updates to the PALS licensing sales system allowing the sale of antlerless deer licenses on the same sales platform simultaneously alongside its other licensing products will better serve the public by reducing the necessity for and volume of licensing transactions occurring at different times and locations. Simply put, one-stop shopping was a significant goal under these changes.
The second comment expressed concern with the possibility of long lines at issuing agent locations that could result from individuals seeking their hunting license products within the same narrow timeframes. The Commission recognizes that there may be unanticipated challenges that result from this new antlerless deer license sales process, but what those challenges may be and how significant they may be is unknowable at this time. The Commission anticipates that the volume of customers interfacing the PALS license sales system at any given time will largely be controlled by customer purchasing habits and preferences. Issuing agents that fail to provide positive customer experiences during peak license purchasing periods with appropriate staffing and efficient operations procedures may see their customer base seek licensing services at other issuing agent locations. Because of this, the Commission believes that the commercial market will naturally self-correct most negative customer experiences. The Commission has developed communications for its various issuing agents to anticipate many of these challenges in advance.
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 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), 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 §§ 143.41—143.45 and deleting §§ 143.48—143.56 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 48-491 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 C. ANTLERLESS DEER LICENSES § 143.41. General.
(a) The purpose of this subchapter is to implement a structure and process that provides for the fair and equitable distribution of the antlerless deer licenses allocated by the Commission to each wildlife management unit annually.
(b) The Commission will establish the annual allocation of antlerless deer licenses for each wildlife management unit after its review of available management data.
(c) The Commission will accept applications for antlerless deer licenses allocated to each wildlife management unit on a first-come, first-served basis through one or more sales rounds that will continue until the supply of licenses is exhausted for each wildlife management unit.
(d) [Reserved].
(e) Except as provided in subsection (f), notwithstanding the provisions of this subchapter limiting the total number of antlerless deer licenses allocated to each wildlife management unit, the Commission will establish a review process to authorize the issuance of licenses outside of the allocations established in each wildlife management unit to:
(1) A resident of this Commonwealth serving on active duty in the United States Armed Forces or in the United States Coast Guard or within 60 days of discharge from active duty under honorable conditions from the United States Armed Forces or United States Coast Guard.
(2) A disabled veteran as defined in § 2706(b)(1) and (1.1) of the act (relating to resident license and fee exemptions).
(3) An applicant whom the Commission has determined to have been erroneously denied an antlerless deer license.
(f) Except for subsection (e)(3), an eligible applicant may receive no more than one antlerless license each license year under any outside-of-allocation exception set forth in subsection (e). Should an applicant be eligible for two or more conditions, only one exception may be exercised each license year.
§ 143.42. Antlerless deer license required.
(a) General rule. Except as provided in subsection (b), a person must acquire and possess a valid antlerless deer license for an applicable wildlife management unit to lawfully hunt and take each antlerless deer within that unit during any open antlerless deer season established in § 139.4 (relating to seasons and bag limits for the license year). Each antlerless deer license is valid for taking only one antlerless deer only in the wildlife management unit designated on the license.
(b) Exceptions. The licensure requirements of subsection (a) do not apply to persons lawfully hunting antlerless deer in accordance with allowances and requirements of:
(1) The agricultural lands license exemption as set forth in section 2706(a) of the act (relating to resident license and fee exemptions).
(2) An applicable antlerless deer special permit issued by the Commission.
(3) The lawful cooperation and assistance authorizations or exceptions set forth in sections 2301(b) and 2325 of the act (relating to prima facie evidence of hunting; and cooperation after lawfully killing big game) and also § 141.43(e) (relating to deer seasons).
§ 143.43. Antlerless deer license eligibility and application.
(a) The Commission will make antlerless deer licenses available to eligible applicants for purchase through PALS online and at each of its current issuing agent locations across this Commonwealth.
(b) The Commission will only accept an application for an antlerless deer license from a person who meets all of the following criteria:
(1) The person either currently possesses a valid base hunting license or is making a contemporaneous purchase of a valid base hunting license with the application for an antlerless deer license.
(2) At the time of application, the person has not exceeded application limits for antlerless deer licenses as set forth in § 143.45 (relating to antlerless deer license application limits).
(3) The person has paid the applicable cost of the antlerless deer license, plus any applicable transactional and issuing agent fees established in section 2709 of the act (relating to license cost and fees).
(4) At the time of application, the person is not subject to any active hunting or furtaking license suspension or revocation.
§ 143.44. Antlerless deer license application schedule.
(a) Application schedule. The Commission will make antlerless deer licenses available for application through PALS online and at each of its current issuing agent locations across this Commonwealth according to the following distribution schedule:
(1) Round 1.
(i) Beginning the fourth Monday in June for all resident applicants.
(ii) Beginning the second Monday in July for all nonresident applicants.
(2) Round 2. Beginning the fourth Monday in July for all resident and nonresident applicants.
(3) Round 3. Beginning the second Monday in August for all resident and nonresident applicants.
(4) Round 4. Beginning the fourth Monday in August for all resident and nonresident applicants.
(b) Application time. The Commission will open sales on the date for each respective round of antlerless deer license sales beginning at 8 a.m. Eastern Daylight Time and sales will remain open thereafter for that respective round until allocations for each applicable wildlife management unit are exhausted.
§ 143.45. Antlerless deer license application limits.
(a) Application limit. Except as otherwise provided in subsections (b) and (c), an eligible applicant may submit only one antlerless deer license application for each open antlerless deer license sales round listed in § 143.44 (relating to antlerless deer license application schedule). The Commission will reject all applications in excess of these limits.
(b) Catch-up allowance. An eligible applicant may submit multiple antlerless deer license applications in a single transaction if the applicant has not previously applied for an antlerless deer license during one or more previous open rounds, and only then equal to the number of rounds currently open on the date of application.
(c) Round 4 continuous sales.
(1) Subject to the procedures and limitations of paragraph (2), an eligible applicant may submit multiple and continuous applications for antlerless deer licenses for each wildlife management unit whose antlerless deer license allocation remains unexhausted upon the opening of Round 4 of antlerless deer license sales on the date set forth in § 143.44. The authorizations of this subsection will terminate automatically for each wildlife management unit once its antlerless deer license allocation is exhausted.
(2) An eligible applicant may make one or more applications for antlerless deer licenses under this subsection only when the Commission's PALS licensing system shows five or less active and unfulfilled antlerless deer licenses on the applicant's license profile. Once an applicant has been issued a sixth cumulative active and unfulfilled antlerless deer license, the applicant will not be eligible to make reapplication for additional antlerless licenses until one or more previously issued antlerless licenses have been exhausted by harvest and the harvest or harvests have resulted in a verified completed harvest report in PALS. At no time is an applicant authorized to exceed six cumulative active and unfulfilled antlerless licenses in their PALS license profile.
(d) Resident agricultural lands exception. A person exercising the privileges of the license exemption provided under section 2706(a) of the act (relating to resident license and fee exemptions) on eligible lands is not entitled or required to obtain antlerless deer license(s) under this subchapter, but is subject to the same antlerless deer season limits that would otherwise apply to a licensed person hunting the wildlife management unit(s) covering the eligible lands as follows:
(1) Rounds 1, 2 and 3. An eligible person is authorized to harvest one deer for every antlerless deer license sales round, up to round 3, that is opened for the applicable wildlife management unit as set forth in § 143.44. Authorization to harvest an antlerless deer may not be acquired for a round subsequent to round 1, 2 or 3 if the allocation for the applicable wildlife management unit is exhausted before the subsequent round opens.
(2) Round 4. An eligible person is authorized to harvest multiple and continuous antlerless deer up to the limits and subject to the reporting requirements and closure dates of subsection (c). The authorizations of this paragraph will terminate automatically for an eligible person hunting within an applicable wildlife management unit once the wildlife management unit's antlerless license allocation is exhausted.
§ 143.48. [Reserved].
§ 143.49. [Reserved].
§ 143.50. [Reserved].
§ 143.51. [Reserved].
§ 143.52. [Reserved].
§ 143.53. [Reserved].
§ 143.54. [Reserved].
§ 143.55. [Reserved].
§ 143.56. [Reserved].
[Pa.B. Doc. No. 23-762. Filed for public inspection June 9, 2023, 9:00 a.m.]
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