RULES AND REGULATIONS
[ 58 PA. CODE CH. 143 ]
Hunting and Furtaker Licenses; Change of Residency Registration
[42 Pa.B. 5215]
[Saturday, August 11, 2012]
To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) at its June 26, 2012, meeting added § 143.13 (relating to change of residency registration) to require holders of hunting and furtaking licenses who change their residency status to acquire a change of residency registration within 30 days of the change otherwise their licenses will become invalid.
The final-form rulemaking will not have an adverse impact on the wildlife resources of this Commonwealth.
The authority for the final-form rulemaking is 34 Pa.C.S. (relating to Game and Wildlife Code) (code).
Notice of proposed rulemaking was published at 42 Pa.B. 3267 (June 9, 2012).
1. Purpose and Authority
The Commission recently reviewed its policy concerning what it requires from licensed hunters and trappers who change their residency from resident to nonresident or from nonresident to resident. Formerly, if a resident of this Commonwealth became a nonresident after having previously purchased a hunting or furtaking license, that license was deemed invalid and the person was required to repurchase a nonresident hunting or furtaking license at full cost to continue engaging in hunting or trapping activities within this Commonwealth during that license year. The result was quite the opposite for nonresidents who became residents after previously having a hunting or furtaking license. Nonresidents were not required to repurchase a new license or even report the change in residency. In both cases, the Commission identified value in obtaining updates from its license holders when a change in residency occurs. The Commission added § 143.13 to harmonize the approach that it takes concerning both types of residency change. Under this new section, changes in residency will require the license holder to acquire a change of residency registration within 30 days of the change in residency otherwise the license will automatically become invalid. Once a change of residency registration has been submitted, a further repurchase of license will not be required for residents or nonresidents that have changed their residency status.
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 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 addition of § 143.13 was adopted under this authority.
2. Regulatory Requirements
The final-form rulemaking adds § 143.13 to require holders of hunting and furtaking licenses who change their residency status to acquire a change of residency registration within 30 days of the change otherwise their licenses will become invalid.
3. Persons Affected
Persons wishing to hunt or trap game or wildlife within this Commonwealth who change their residency status will be affected by the final-form rulemaking.
4. Comment and Response Summary
There were no official comments received regarding the final-form rulemaking.
5. Cost and Paperwork Requirements
The final-form rulemaking may result in additional cost and paperwork. It is anticipated that these additional costs and paperwork will be nominal and covered by current budgets and work assignments.
6. Effective Date
The final-form rulemaking will be effective upon final-form publication in the Pennsylvania Bulletin and will remain in effect until changed by the Commission.
7. Contact Person
For further information regarding the final-form rulemaking, contact Richard R. Palmer, Director, Bureau of Wildlife Protection, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717) 783-6526.
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) 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.
The Commission, acting under authorizing statute, orders that:
(a) The regulations of the Commission, 58 Pa. Code Chapter 143, are amended by adding § 143.13 to read as set forth at 42 Pa.B. 3267.
(b) The Executive Director of the Commission shall certify this order and 42 Pa.B. 3267 and deposit them with the Legislative Reference Bureau as required by law.
(c) This order shall become effective upon final-form publication in the Pennsylvania Bulletin.
CARL G. ROE,
Fiscal Note: Fiscal Note 48-342 remains valid for the final adoption of the subject regulation.
[Pa.B. Doc. No. 12-1512. Filed for public inspection August 10, 2012, 9:00 a.m.]
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