PROPOSED RULEMAKING
[58 PA. CODE CHS. 141 AND 143]
Hunting and Trapping and Hunting and Furtaker Licenses
[40 Pa.B. 1754]
[Saturday, April 3, 2010]To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) proposed the following rulemaking at its January 26, 2010, meeting:
Amend §§ 141.48 and 143.206 (relating to elk management area and elk hunt zones; and validity of license) to define important geographical terms and authorize the use of unfilled elk licenses to be used to harvest elk anywhere within this Commonwealth outside of the elk management area during any extended elk season following the regular elk 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 26, 2010, meeting of the Commission. Comments can be sent to the Director, Information and Education, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, until April 14, 2010.
1. Purpose and Authority
Work is ongoing to update and implement the Commission's elk management plan. A somewhat confusing aspect of elk management policy for agency staff and the public has been references to terms such as elk range, elk management area, elk hunt zones and how the Commission describes places in this Commonwealth where the Commission does not want elk established on the landscape. Clarification is being incorporated into the elk management plan and supporting, complimentary regulations are needed to implement the plan's goals and objectives including how hunters and hunting will be used in the management of elk both in and outside the recognized elk management area. To this end, the Commission is proposing to amend §§ 141.48 and 143.206 to define important geographical terms and authorize the use of unfilled elk licenses to be used to harvest elk anywhere within this Commonwealth outside of the elk management area during any extended elk season following the regular elk season.
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 §§ 141.48 and 143.206 were proposed under this authority.
2. Regulatory Requirements
The proposed rulemaking will amend §§ 141.48 and 143.206 to define important geographical terms and authorize the use of unfilled elk licenses to be used to harvest elk anywhere within this Commonwealth outside of the elk management area during any extended elk season following the regular elk season.
3. Persons Affected
Persons wishing to hunt elk within this Commonwealth may be affected by the proposed rulemaking.
4. Cost and Paperwork Requirements
The proposed rulemaking should not result in any additional cost or paperwork.
5. Effective Date
The proposed rulemaking will be effective upon final 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 A. Palmer, Director, Bureau of Wildlife Protection, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717) 783-6526.
CARL G. ROE,
Executive DirectorFiscal Note: 48-299. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 58. RECREATION
PART III. GAME COMMISSION
CHAPTER 141. HUNTING AND TRAPPING
Subchapter C. BIG GAME § 141.48. Elk [hunting] management area and elk hunt zones.
(a) [The divisional line between two or more elk hunt zones shall be the center of the highway, natural water course, other natural boundary or marked boundary.
(b) The elk hunt zones will be established by the Director prior to the opening of elk season.]
Elk management area. The elk management area is comprised of that portion of Wildlife Management Unit 2G in McKean, Potter, Tioga, Elk, Cameron, Clinton, Lycoming, Clearfield and Centre Counties, bounded on the north by Route 6, on the east by Route 287, on the south by Route 220 and I-80 and on the west by Route 219.
(b) Elk hunt zones. The elk management area is comprised of one or more elk hunt zones as established by the Director on an annual basis prior to the opening of elk season. The divisional line between two or more elk hunt zones shall be the center of the highway, natural watercourse, other natural boundary or marked boundary.
CHAPTER 143. HUNTING AND FURTAKER LICENSES
Subchapter K. ELK LICENSES § 143.206. Validity of license.
[An elk license is valid for taking elk only in the elk hunt zones designated on the elk license and is valid for an anterless, antlered or either sex elk as designated on the elk license.]
(a) Elk hunt zones. Except as provided in subsection (c), an elk license is valid for taking elk only in the elk hunt zones designated on the elk license.
(b) Elk gender. Except as provided in subsection (c), an elk license is valid for taking only an antlerless, antlered or either sex elk as designated on the elk license.
(c) Exception. Any unfilled antlered or antlerless elk license for any designated elk hunt zones is additionally valid for taking either an antlered or antlerless elk anywhere within this Commonwealth outside of the elk management area during any designated extended elk season following the regular elk season.
[Pa.B. Doc. No. 10-599. Filed for public inspection April 2, 2010, 9:00 a.m.]
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