RULES AND REGULATIONS
[ 58 PA. CODE CH. 147 ]
Special Permits; Guiding Permit
[50 Pa.B. 2274]
[Saturday, May 2, 2020]
To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) at its April 7, 2020, meeting amended §§ 147.901—147.905 and added § 147.904.1 (relating to records and reports of commercial guides) to: 1) restructure the application requirements for commercial and noncommercial guiding permits; 2) add a noncommercial elk guiding permit; 3) add new guide permit fee structures for commercial and noncommercial elk guiding permits; 4) add recordkeeping and reporting requirements for commercial guides; and 5) address other minor housekeeping items.
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 50 Pa.B. 1390 (March 7, 2020).
1. Purpose and Authority
The Commission has determined that an update and restructuring of its guiding permit regulations was needed, especially as it relates to elk guiding. The Commission amends §§ 147.901—147.905 and adds § 147.904.1 to restructure the application requirements for commercial and noncommercial guiding permits, create a noncommercial elk guiding permit, create new guide permit fee structures for commercial and noncommercial elk guiding permits, create recordkeeping and reporting requirements for commercial guides and address other minor housekeeping items.
Section 2901(b) of the code (relating to authority to issue permits) provides ''the commission may, as deemed necessary to properly manage the game or wildlife resources, promulgate regulations for the issuance of any permit and promulgate regulations to control the activities which may be performed under authority of any permit issued.'' The amendments to §§ 147.901—147.905 and addition of § 147.904.1 are adopted under this authority.
2. Regulatory Requirements
This final-form rulemaking amends §§ 147.901—147.905 and adds § 147.904.1 to: 1) restructure the application requirements for commercial and noncommercial guiding permits; 2) add a noncommercial elk guiding permit; 3) add new guide permit fee structures for commercial and noncommercial elk guiding permits; 4) add recordkeeping and reporting requirements for commercial guides; and 5) address other minor housekeeping items.
3. Persons Affected
Persons wishing to guide other persons engaged in hunting or trapping of certain wildlife within this Commonwealth may be affected by this final-form rulemaking.
4. Comment and Response Summary
There were no official comments received regarding this final-form rulemaking.
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 final-form 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.
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), known as the Commonwealth Documents Law, and the regulations thereunder, 1 Pa. Code §§ 7.1 and 7.2 (relating to notice of proposed rulemaking; 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.
The Commission, acting under the authorizing statute, orders that:
(a) The regulations of the Commission, 58 Pa. Code Chapter 147, are amended by amending §§ 147.901, 147.902, 147.903, 147.904 and 147.905 and adds § 147.904.1 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 final-form publication in the Pennsylvania Bulletin.
BRYAN J. BURHANS,
Fiscal Note: Fiscal Note 48-456 remains valid for the final adoption of the subject regulations.
TITLE 58. RECREATION
PART III. GAME COMMISSION
CHAPTER 147. SPECIAL PERMITS
Subchapter Y. GUIDING PERMIT
§ 147.901. Purpose and scope.
The purpose of this subchapter is to provide for the issuance of guiding permits to authorize eligible applicants to serve as guides for persons hunting, trapping or otherwise taking certain designated species of game or wildlife.
§ 147.902. Definitions.
The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise:
Commercial guiding activity—Any guiding activity provided by any person to another person for any fee, remuneration or other economic gain, including bartered goods or services.
Guide—A person who assists another person in any manner to hunt, trap or otherwise take certain designated species of game or wildlife.
(i) The act of assisting or conspiring to assist another person in any manner to hunt, trap or otherwise take certain designated species of game or wildlife by locating, calling or directing another person to the quarry.
(ii) The term is not intended to include or authorize any assistance taking the form of any overt act directly connected with harvesting game or wildlife by the guide discharging a firearm, bow or crossbow or setting or resetting a trap or cable restraints.
Non-commercial guiding activity—Any guiding activity provided by any person to another person for the species Elk, where there is no fee, remuneration or economic gain to the guide including bartered goods or services.
§ 147.903. Application for commercial and noncommercial guiding permits.
(a) Applications for commercial and noncommercial guiding permits issued under this subchapter shall be made through the applicable Commission regional office local to the applicant on the appropriate form provided by the Commission.
(b) Applications for commercial and noncommercial guiding permits shall include the name, address, telephone number, customer identification number and date of birth of the primary applicant and each subpermittee, if applicable, as well as the specific eligible species of wildlife sought to be covered by the permit.
(c) Applications for commercial and noncommercial guiding permits will only be accepted if the applicant and each listed subpermittee possesses a valid hunting or furtaking license, whichever is applicable to the single species or multiple species designated on the permit application. Applicants for a noncommercial elk guiding permit must also possess a valid elk license.
(d) Applications for commercial and noncommercial guiding permits will only be accepted if the applicant and each listed subpermittee have no documented prior record of game or wildlife violations of the act or this title or related license revocations within the previous 10 years. This subsection shall not be construed to apply to the permittee listed on the application for a noncommercial elk guiding permit, but this provision remains effective for each subpermittee listed the permittee's application.
(e) The fee for a commercial or noncommercial guiding permit will be:
(1) Except as provided in paragraphs (2) and (3) for elk guiding permits, $25 for residents and $50 for nonresidents for each respective eligible species of wildlife to be covered by the permit.
(2) $500 for residents and nonresidents for commercial elk guiding permits. This fee also covers up to four subpermittees at no additional cost. Additional subpermittees beyond the first four may be added for an additional $50 per additional subpermittee.
(3) No cost for a noncommercial elk guiding permits. This no cost fee also covers up to four subpermittees at no additional cost. Additional subpermittees beyond the first four may be added for an additional $25 per additional subpermittee.
§ 147.904. Permit.
(a) General rule. A guiding permit issued under this subchapter is required for any person to engage in any commercial or noncommercial guiding activity anywhere within this Commonwealth for the following designated species of wildlife: elk and bobcat. A guiding permit is also required for any person to engage in any commercial guiding activity for coyotes on any lands designated as State game lands.
(b) Additional permits. Possession of a commercial or noncommercial guiding permit issued under this subchapter does not diminish an individual's obligation to obtain any other applicable Federal, State or local permits concerning the guiding activities.
(c) Guiding on State game lands. Notwithstanding the general prohibitions of § 135.41 (relating to state game lands), a commercial guiding permit issued under this subchapter authorizes its holder to engage in commercial guiding activities on lands designated as State game lands for each species of game wildlife designated on the commercial guiding permit. This subsection shall not be construed to require a commercial or noncommercial guiding permit for noncommercial guiding activities occurring on lands designated as State game lands.
(d) Licenses, permits and stamps required. A commercial or noncommercial guide shall maintain valid licenses, permits and stamps applicable to each species for which they are conducting commercial or noncommercial guiding activities, excepting only elk licenses, if applicable. A guide shall carry these licenses, permits and stamps required by this subsection on their person while engaged any commercial or noncommercial guiding activities and shall produce same, upon demand, to any officer whose duty it is to enforce the title.
§ 147.904.1. Records and reports of commercial guides.
(a) Records. A commercial guide shall maintain legible, accurate and complete field records of all commercial guiding activities conducted under the authority of a commercial guiding permit on a form supplied by the Commission. These field records shall be maintained and made available for inspection in accordance with section 2906 of the act (relating to records). A commercial guide shall complete the field records form according to the instructions on the form and must contain the following information for each commercial guiding activity:
(1) Name, address and customer identification number for each client.
(2) Date of guided activity.
(3) Quantity and species of game or wildlife harvested by each client.
(4) Name and guide permit number of any accompanying guide permit holder for each guided activity.
(b) Reports. All field records shall be submitted to the Commission annually in accordance with section 2907 of the act (relating to reports).
§ 147.905. Violations.
Violations of this subchapter will be prosecuted under section 2908 of the act (relating to violations). The Director may deny, revoke or suspend any permit for any violation of the act or this subchapter by the permittee or any subpermittee, upon written notice to the permittee.
[Pa.B. Doc. No. 20-600. Filed for public inspection May 1, 2020, 9:00 a.m.]
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