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PA Bulletin, Doc. No. 05-494



[58 PA. CODE CH. 143]

Hunting and Furtaker Licenses

[35 Pa.B. 1765]

   To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) at its January 25, 2005, meeting, proposed the following rulemaking:

   Add Chapter 143, Subchapter L (relating to special wild turkey licenses) to provide regulations establishing the opportunity for hunters to purchase a special wild turkey license to take a second bird during the spring gobbler season if the Commission sets a two-bird bag limit for the spring gobbler season.

   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 January 25, 2005, meeting of the Commission. Comments should be sent to the Director, Information and Education, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, until April 22, 2005.

1.  Purpose and Authority

   The General Assembly recently amended section 2705 of the code (relating to classes of licenses) to permit the creation of a ''special wild turkey license'' to be used in conjunction with an adult or junior resident license, adult or junior nonresident license, senior resident lifetime license, senior lifetime combination hunting and furtaking license, or junior resident and nonresident combination hunting and furtaking license. Before the Commission can make this special license available, it must first generate the regulatory framework to implement its use. The Commission promulgated similar language when the General Assembly created an elk hunting license.

   Section 2722(g) of the code (relating to authorized license-issuing agents) directs the Commission to adopt regulations for the administration, control and performance of license issuing activities. Section 322(c)(3) of the code (relating to powers and duties of the commission) specifically empowers the Commission to ''Increase or reduce bag limits or possession limits.'' Section 2102(b)(1) of the code (relating to regulations) authorizes the Commission to ''promulgate regulations relating to seasons and bag limits for hunting or furtaking, the possession of certain species or parts thereof, the number and types of devices and equipment allowed, the identification of devices and the use and possession of devices.'' 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.'' This proposed rulemaking was made under this authority.

2.  Regulatory Requirements

   The proposed rulemaking will generate the regulatory framework to implement and make available a special wild turkey license to licensed hunters.

3.  Persons Affected

   Persons who wish to apply for a special wild turkey license to hunt for and take an additional turkey during the spring gobbler season will be affected by this proposed rulemaking.

4.  Cost and Paperwork Requirements

   The proposed rulemaking will result in some additional cost to the Commission in the form of printing and issuing the proposed special wild turkey licenses.

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 Michael A. Dubaich, Director, Bureau of Law Enforcement, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717) 783-6526.

Executive Director

   Fiscal Note: 48-201. No fiscal impact; (8) recommends adoption.

Annex A






143.221.Purpose and scope.
143.223.Validity of license.
143.224.Unlawful acts.

§ 143.221. Purpose and scope.

   If the Commission establishes a two-bird bag limit for the spring gobbler season, this subchapter establishes methods of applying for special wild turkey licenses.

§ 143.222. Application.

   (a)  Applications for special wild turkey licenses shall be submitted to the Commission's Harrisburg Headquarters. The Director will set periods for accepting applications.

   (b)  Applications for special wild turkey 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 Director.

§ 143.223. Validity of license.

   The license will be valid only during the spring gobbler season for harvesting a spring gobbler.

§ 143.224. Unlawful acts.

   It is unlawful for a person to do the following:

   (1)  Submit more than one application for a special wild turkey license during any hunting license year.

   (2)  Apply for or receive a license contrary to the act or this part.

§ 143.225. Penalties.

   A person violating this subchapter shall, upon conviction, be sentenced to pay the fine prescribed in the act.

[Pa.B. Doc. No. 05-494. Filed for public inspection March 18, 2005, 9:00 a.m.]

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