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RULES AND REGULATIONS

GAME COMMISSION

[58 PA. CODE CHS. 141 AND 143]

Hunting and Trapping; Hunting and Furtaker Licenses

[29 Pa.B. 2458]

   To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) at its April 9, 1999, meeting, adopted the following changes:

   Make editorial amendments to § 141.41(1) (relating to general) to be consistent with the language in 34 Pa.C.S. (relating to Game and Wildlife Code) and make editorial amendments to paragraph (2) that provide for the wearing of daylight fluorescent orange while hunting.

   Amend § 141.43(d) (relating to deer), with addition of further requirements for the wearing and display of daylight fluorescent orange material while hunting in the proposed early flintlock muzzleloading antlerless deer season.

   Amend the flintlock muzzleloading deer license language in § 143.84 (relating to application) by extending the period of time when the license (stamp) can be purchased; and removing the requirement of surrendering the antlerless deer license application when purchasing a muzzleloading license (stamp).

   These amendments are hereby adopted under the authority of 34 Pa.C.S. (relating to Game and Wildlife Code) (code).

Amendment to §§ 141.41 and 141.43

1.  Introduction

   To provide for the safety of hunters in the field and to simplify regulatory provisions relating to the wearing of fluorescent orange-colored material while hunting, the Commission at its January 12, 1999, meeting proposed and at its April 9, 1999, meeting finally adopted changes to §§ 141.41 and 141.43 to require the wearing of daylight fluorescent orange-colored material during the proposed early flintlock muzzleloader season and to make some editorial changes. These changes are made under the authority contained in section 2102 of the code (relating to regulations).

2.  Purpose and Authority

   As part of the proposed 1999-2000 seasons and bag limits, the Commission decided to propose a 3-day early flintlock muzzleloader antlerless deer season. Although in final adoption, this season is limited to the special regulation areas, it would still overlap the small game season, so it was decided to require the wearing of daylight fluorescent orange-colored material. This necessitated the adding of a subsection to § 141.43. In addition, the following changes to § 141.41 were adopted:

   a.  Change the term ''mammals'' to ''animals'' in paragraph (1) to be more consistent with terminology in the code.

   b.  Remove mention of ''turkey'' in paragraph (2) because there are more specific requirements for turkey hunting contained in § 141.45 (relating to turkey).

   c.  Delete the last sentence of paragraph (2) because the exception is already provided for in section 2524 of the code (relating to protective material required).

   Section 2101(a) of the code directs the Commission to '' . . . promulgate such regulations as it deems necessary and appropriate concerning . . . the ways, manner, methods, and means of hunting or furtaking and the health and safety of persons who hunt or take wildlife . . . '' This provision provides the authority for the adopted changes.

3.  Regulatory Requirements

   The adopted changes require the wearing of daylight fluorescent orange-colored material during the early flintlock muzzleloader antlerless deer season.

4.  Persons Affected

   Those desiring to hunt during the early flintlock muzzleloader antlerless deer season will be affected by the adopted changes.

5.  Comment and Response Summary

   No comments were received with regard to the adopted changes.

Amendment to § 143.84

1.  Introduction

   To more effectively manage the wildlife resources of this Commonwealth, the Commission at its meeting held on January 12, 1999, proposed and at its meeting held on April 9, 1999, finally adopted changes to § 143.84 to dispense with the requirement that purchasers of flintlock muzzleloader licenses surrender their antlerless deer license application at the time they purchase their muzzleloader license. These changes were adopted under authority contained in section 2722(g) of the code (relating to regulations).

2.  Purpose and Authority

   Some time ago, to limit what seemed to be a skyrocketing population of flintlock muzzleloader hunters, the Commission established a requirement that the hunters choose between an antlerless deer license and a muzzleloader license. Antlerless deer licenses, however, in recent years have not sold very well, impacting deer population management. To counter this trend, the Commission will allow muzzleloader hunters to also obtain an antlerless license. In final adoption, however, the Commission established a deadline for obtaining a muzzleloader license of August 31.

   Section 2722(g) of the code directs the Commission to adopt regulations for the administration, control and performance of license issuance. The changes are adopted under this authority.

3.  Regulatory Requirements

   The adopted changes will relax current regulatory requirements.

4.  Persons Affected

   County treasurers and their employes and persons wishing to hunt antlerless deer in this Commonwealth will be affected by the changes.

5.  Cost and Paperwork Requirements

   The changes will not result in any additional costs or paperwork.

6.  Effective Date

   The changes will be effective on final publication in the Pennsylvania Bulletin and will remain in effect until changed by the Commission.

7.  Contact Person

   For further information on the changes, contact James R. Fagan, Director, Bureau of Law Enforcement, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717)787-6526.

Findings

   The Commission finds that:

   (1)  The 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) and the regulations thereunder, 1 Pa. Code §§ 7.1 and 7.2.

   (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 Chapters 141 and 143, are amended by amending §§ 141.41 and 141.43 to read as set forth at 29 Pa.B. 1398, and by amending § 143.84 to read as set forth in Annex A.

   (b)  The Executive Director of the Commission shall submit this order and Annex A, and deposit them with the Legislative Reference Bureau as required by law.

   (c)  This order amending §§ 141.41, 141.43 and 143.84, shall become effective upon final publication in the Pennsylvania Bulletin.

DONALD C. MAHL,   
Executive Director

   (Editor's Note:  The proposal to amend § 143.51 (relating to application and issuance of surplus tags) included in the proposed rulemaking at 29 Pa.B. 1398, has been withdrawn by the Commission.)

   Fiscal Note:  Fiscal Note 48-109 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 E.  FLINTLOCK (MUZZLELOADER) DEER LICENSES

§ 143.84.  Application.

   (a)  Application may be made when purchasing a regular hunting license, or any time prior to August 31, upon presentation of the regular hunting license.

   (b)  A collector may, upon completing an application, purchase a muzzleloading firearm deer season license only after the close of the special flintlock season and is not bound by the procedures in this section.

   (c)  When applying for a flintlock firearm deer season license, the applicant shall surrender the entire current antlerless deer license application.

   (d)  The issuing agent shall write the word VOID, in ink, boldly across the face of the surrendered antlerless deer license application and attach it to the application for the flintlock license.

   (e)  A collector may, upon completing an application, purchase a muzzleloading firearm deer season license only after the close of the special flintlock season and is not bound by the procedures in this section.

   (f)  A resident serving on active duty in the Armed Forces of the United States or in the United States Coast Guard is not bound by this section as it applies to surrendering the antlerless application or deadline for application.

[Pa.B. Doc. No. 99-750. Filed for public inspection May 7, 1999, 9:00 a.m.]



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