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PROPOSED RULEMAKING

GAME COMMISSION

[ 58 PA. CODE CH. 143 ]

Hunting and Furtaking Licenses

[37 Pa.B. 6749]
[Saturday, December 22, 2007]

   To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its October 2, 2007, meeting, proposed to amend § 143.12 (relating to fee for replacement hunter education training certificate) to permit the Commission to waive hunter education course registration fees for its staff and volunteer instructors.

   The proposed rulemaking will have no adverse impact on the wildlife resources of this Commonwealth.

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

   The proposed rulemaking was made public at the October 2, 2007, meeting of the Commission. Comments can be sent to the Director, Information and Education, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, until January 25, 2008.

1.  Purpose and Authority

   The Commission's hunter education program has grown in recent years to include not only the basic Hunter-Trapper Education curriculum for all first-time license buyers, but also a mandatory Remedial Hunter Education training program and a Cable Restraint Certification curriculum required for certain trapping activities. A voluntary advanced training program titled ''Successful Bowhunting'' was also developed to improve bowhunters knowledge, skills and abilities. Future curriculum expansion is envisioned with additional species-specific and discipline specific advanced training programs.

   With this growth, many staff and volunteer instructors have benefited from these training programs, resulting in an improvement in their knowledge and skills. This regulation will formalize the ability for the agency to waive course registration fees associated with certain hunter education programs, thereby allowing staff and volunteer instructors to participate in these and future training programs without being charged a fee. This waiver would be further defined by formal, written hunter education policy and would be subject to review and approval by the Director. Therefore, the Commission is proposing to amend § 143.12 to permit the Commission to waive hunter education course registration fees for its staff and volunteer instructors.

   Section 2722(g)(2) of the code (relating to authorized license-issuing agents) directs the Commission to adopt regulations for the administration, control and performance of activities related to license issuing. 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 § 143.12 were proposed under this authority.

2.  Regulatory Requirements

   The proposed rulemaking will amend § 143.12 to permit the Commission to waive hunter education course registration fees for its staff and volunteer instructors.

3.  Persons Affected

   Staff and volunteer instructors of the Commission participating in any of the Commission's hunter education training courses may be affected by the proposed rulemaking.

4.  Cost and Paperwork Requirements

   The proposed rulemaking may result in a nominal increase in additional cost (income avoidance) and paperwork to the Commission in implementing this fee waiver authority, however, such an increase should be absorbed by the Commission's current budget staffing, or both.

5.  Effective Date

   The 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 the proposed rulemaking, contact Richard R. Palmer, Director, Bureau of Wildlife Protection, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717) 783-6526.

CARL G. ROE,   
Executive Director

   Fiscal Note:  48-257. No fiscal impact; (8) recommends adoption. This proposed rulemaking permits the Game Commission to wave hunter education cource registration fees for its staff and volunteer instructors.

Annex A

TITLE 58. RECREATION

PART III. GAME COMMISSION

CHAPTER 143. HUNTING AND FURTAKER LICENSES

Subchapter A. GENERAL

§ 143.12.  [Fee for replacement hunter education training certificate] Hunter education training.

   [A $10 fee shall be remitted by any person requesting a replacement Hunter Education Training Certificate.]

   (a)  Course registration fees. Upon application for enrollment in each fee-based hunter education course, a student shall remit the associated, nonrefundable course registration fee in the form of cash, credit card, check or money order. Checks or money orders must be made payable to the ''Pennsylvania Game Commission.''

   (b)  Training certificate. The Commission will issue an appropriate certificate of training to each student who successfully completes an approved hunter education course. The Commission will issue a replacement hunter education training certificate to a person who provides sufficient affirmation or evidence of successful completion of that course of instruction. A $10 fee shall be remitted by any person requesting a replacement hunter education training certificate.

   (c)  Waiver. The Director may waive any course registration fee required by this section when the waiver is determined to be consistent with the Commission's hunter education training program or the intent of the act.

[Pa.B. Doc. No. 07-2351. Filed for public inspection December 21, 2007, 9:00 a.m.]



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