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PA Bulletin, Doc. No. 04-82

THE GOVERNOR

Title 4--ADMINISTRATION

PART I.  GOVERNOR'S OFFICE

[4 PA. CODE CHS. 5 AND 6]

[EXECUTIVE ORDER NO. 2003-13]

[34 Pa.B. 366]

Governor's Advisor for Hunting, Fishing and Conservation; Governor's Advisory Council for Hunting, Fishing and Conservation; Governor's Youth Council for Hunting, Fishing and Conservation

September 22, 2003

   Whereas, the Constitution of this Commonwealth proclaims that Pennsylvania's public natural resources are the common property of all people, including generations yet to come, and commands the Commonwealth to conserve and maintain our natural resources for the benefit of all the people; and

   Whereas, Pennsylvania has been blessed with abundant natural resources, which have created widespread recreational opportunities; and

   Whereas, Pennsylvania's rich outdoor heritage, including activities such as hunting, fishing, trapping, nature photography, bird and wildlife watching, and hiking, are enjoyed by more than half of Pennsylvania's population-- almost six million people; and

   Whereas, these recreational activities annually generate incomes totaling more than $5 billion and support more than 100,000 jobs in this Commonwealth; and

   Whereas, watchable wildlife generates $70 million per year in sales tax revenue for this Commonwealth and another $86.8 million per year in federal taxes; and

   Whereas, I have determined that the Governor and other Commonwealth officials and agencies would benefit from the advice and counsel of an official representative body created from a broad range of dedicated hunters, anglers, trappers, and other conservationists.

   Now, Therefore, I, Edward G. Rendell, Governor of the Commonwealth of Pennsylvania, by virtue of the authority vested in me by the Constitution of the Commonwealth of Pennsylvania and other laws, do hereby establish the position of the Governor's Advisor for Hunting, Fishing and Conservation; the Governor's Advisory Council for Hunting, Fishing and Conservation; and the Governor's Youth Council for Hunting, Fishing and Conservation, as hereinafter set forth.


Governor

   Fiscal Note: GOV 03-14. No fiscal impact; (8) recommends adoption.

Annex A

TITLE 4.  ADMINISTRATION

PART I.  GOVERNOR'S OFFICE

CHAPTER 5.  COUNCILS AND COMMITTEES

Subchapter FFF.  (Reserved)

§§ 5.821--5.824.  (Reserved).

CHAPTER 6.  ADDITIONAL COUNCILS AND COMMITTEES

Subchapter J.  ADVISORY COUNCILS FOR HUNTING, FISHING AND CONSERVATION

GOVERNOR'S ADVISOR FOR HUNTING, FISHING AND CONSERVATION

6.131.Appointment.
6.132.Powers and duties.

GOVERNOR'S ADVISORY COUNCIL FOR HUNTING, FISHING AND CONSERVATION

6.141.Purpose.
6.142.Responsibilities.
6.143.Composition of the Governor's Advisory Council for Hunting, Fishing and Conservation.
6.144.Terms of membership.
6.145.Compensation.
6.146.Cooperation by State agencies.
6.147.Reports.

GOVERNOR'S YOUTH COUNCIL FOR HUNTING, FISHING AND CONSERVATION

6.151.Purpose.
6.152.Mission.
6.153.Responsibilities.
6.154.Composition.
6.155.Officers.
6.156.Terms of membership.
6.157.Youth mentors.
6.158.Reports.

EFFECTIVENESS OF SUBCHAPTER

6.161.Effective date.
6.162.Termination date.
6.163.Rescission.

GOVERNOR'S ADVISOR FOR HUNTING, FISHING AND CONSERVATION

§ 6.131.  Appointment.

   There is hereby created within the Office of the Governor the position of Governor's Advisor for Hunting, Fishing and Conservation (Advisor). The Advisor will be appointed by the Governor and will be responsible for advising the Governor on matters pertaining to the conservation of the natural resources of this Commonwealth, for both consumptive and nonconsumptive uses, and on ways to protect, promote and enhance this Commonwealth's outdoor heritage.

§ 6.132.  Powers and duties.

   The powers and duties of the Governor's Advisor for Hunting, Fishing and Conservation (Advisor) are as follows:

   (1)  The Advisor functions as the Governor's principal advocate for hunters, anglers, trappers and other conservationists, and reviews both pending and existing laws, policies and programs affecting wildlife conservation and outdoors recreation. As the Governor's advocate, the Advisor acts as liaison between the Governor's Advisory Council for Hunting, Fishing and Conservation (Council) and the Governor, making recommendations based on a consensus of opinion from Council members and presenting the Governor with the Council's policy recommendations.

   (2)  The Governor will assign to the Advisor other related tasks and responsibilities that the Governor might deem appropriate, including: working to improve outdoor tourism opportunities; working on Federal and State initiatives that benefit hunters, anglers, trappers and other conservationists; and working on issues related to hunter, trapper, and angler recruitment and retention. The Governor also will direct the Advisor to represent him at meetings, events and other activities, as appropriate.

   (3)  The Advisor will help to promote the Governor's conservation agenda. In addition to working with other State agencies, the Advisor will develop and maintain a strong working relationship with the General Assembly, especially the members of the House and Senate Game and Fisheries Committees.

   (4)  The Advisor will direct the activities and agenda of the Council and conduct its meetings. In his sole discretion, the Advisor may delegate defined responsibilities to individual Council members, as necessary, and may create committees within Council to accomplish specific goals or tasks, as deemed appropriate. With the approval of the Governor, the Advisor may remove and replace Council members.

   (5)  The Advisor, with the approval of the Governor, may employ other persons as needed for the proper administration of the program.

GOVERNOR'S ADVISORY COUNCIL FOR HUNTING, FISHING AND CONSERVATION

§ 6.141. Purpose.

   The purpose of the Governor's Advisory Council on Hunting, Fishing and Conservation is to provide a forum through which an open and forthright dialog might be fostered among a diverse group of conservation minded individuals, to provide the Governor with sound advice on matters pertaining to the conservation of the natural resources of this Commonwealth for both consumptive and nonconsumptive uses, and on ways to protect, promote and enhance the outdoor heritage of this Commonwealth.

§ 6.142.  Responsibilities.

   The powers and duties of the Governor's Advisory Council for Hunting, Fishing and Conservation will be to:

   (1)  Review and make written recommendations to the Governor's Advisor for Hunting, Fishing and Conservation (Advisor) regarding any issue that might affect the recreational use of this Commonwealth's natural resources.

   (2)  Review and make written recommendations to the Advisor regarding policies adopted or regulations promulgated by the Pennsylvania Fish and Boat Commission, the Pennsylvania Game Commission, the Department of Conservation and Natural Resources or the Department of Environmental Protection, that might affect the recreational uses of this Commonwealth's natural resources.

   (3)  Review and make written recommendations to the Advisor regarding pending legislation and proposed regulations that might affect the recreational uses of this Commonwealth's natural resources.

   (4)  Review with the Advisor, at the direction of the Governor, the qualifications of candidates for appointment to the Pennsylvania Fish and Boat Commission and the Pennsylvania Game Commission and to assist the Advisor in making recommendations to the Governor.

   (5)  Convene at least four times per year and at the call of the Advisor.

   (6)  Adopt rules of procedure consistent with this subchapter.

§ 6.143.  Composition of the Governor's Advisory Council for Hunting, Fishing and Conservation.

   (a)  The Governor's Advisory Council for Hunting, Fishing and Conservation (Council) will consist of at least 12, but no more than 21, residents of this Commonwealth appointed by the Governor to serve at the pleasure of the Governor.

   (b)  Elected state officials and employees of the Department of Conservation and Natural Resources, the Department of Environmental Protection, the Pennsylvania Fish and Boat Commission, the Pennsylvania Game Commission and members of their immediate families are not eligible for membership on the Council.

   (c)  The Council shall represent a broad-based group of stakeholders, all of whom have an intrinsic interest in the wildlife resources of this Commonwealth. The members shall support hunting, trapping and angling as a valuable and accepted method of wildlife management.

§ 6.144.  Terms of membership.

   (1)  Members of Governor's Advisory Council for Hunting, Fishing and Conservation will be appointed for a term of 1 year and will continue to serve thereafter until their successors have been appointed and qualified. All members serve at the pleasure of the Governor and will be expected to contribute in a meaningful manner and attend meetings regularly.

   (2)  Members who compile more than two unexcused absences within the calendar year are subject to immediate removal by the Governor.

§ 6.145.  Compensation.

   Members of the Governor's Advisory Council for Hunting, Fishing and Conservation (Council) will receive no compensation for their services. Members will be reimbursed in accordance with established Commonwealth policy for expenses incurred in serving the Council.

§ 6.146.  Cooperation by State agencies.

   State agencies shall cooperate fully with the Governor's Advisor for Hunting, Fishing and Conservation and the Governor's Advisory Council for Hunting, Fishing and Conservation and, upon request, provide staff assistance and information, as appropriate.

§ 6.147.  Reports.

   The Governor's Advisory Council for Hunting, Fishing and Conservation (Council) and the Governor's Advisor for Hunting, Fishing and Conservation shall submit an annual report to the Governor outlining the Council's activities and accomplishments for the year.

GOVERNOR'S YOUTH COUNCIL FOR HUNTING, FISHING AND CONSERVATION

§ 6.151.  Purpose.

   The purpose of the Governor's Youth Council for Hunting, Fishing and Conservation (Youth Council) is to provide a forum through which an open and forthright dialog might be fostered among a diverse group of conservation minded youth, so that the Governor's Advisory Council for Hunting, Fishing and Conservation might receive the Youth Council's best advice regarding the conservation of the natural resources of this Commonwealth for both consumptive and nonconsumptive use, and on ways to protect, promote and enhance the outdoor heritage of this Commonwealth.

§ 6.152.  Mission.

   The mission of the Governor's Youth Council for Hunting, Fishing and Conservation will be to help enlist a new generation of individuals committed to protecting, promoting and enhancing the outdoor heritage of this Commonwealth.

§ 6.153.  Responsibilities.

   Subject to the direction of the Governor's Advisor for Hunting, Fishing and Conservation (Advisor) and the Governor's Advisory Council for Hunting, Fishing and Conservation (Council), the Governor's Youth Council for Hunting, Fishing and Conservation shall endeavor to:

   (1)  Advise the Council on wildlife conservation and outdoor recreation issues that pertain directly to the youth of this Commonwealth.

   (2)  Identify barriers and obstacles preventing youth participation in wildlife conservation and recreation.

   (3)  Recommend new strategies to interest youth in wildlife conservation and recreation to retain their interests and involvement.

   (4)  Assist the natural resource agencies within this Commonwealth with youth programs and issues relating to wildlife conservation and recreation.

   (5)  Convene at least four times per year and at the call of the Advisor.

   (6)  Adopt rules of procedure consistent with this subchapter.

§ 6.154.  Composition.

   The members of the Governor's Youth Council for Hunting, Fishing and Conservation (Youth Council) will be appointed by the Governor and serve at the pleasure of the Governor. The membership of the Youth Council will consist of the following:

   (1)  At least 20 residents of this Commonwealth between the ages of 14 and 18.

   (2)  Appointees who are active in outdoor activities, such as hunting, fishing or trapping, or who are active in an outdoor or conservation-related organization or club.

§ 6.155.  Officers.

   (a)  One member will be elected by the Governor's Youth Council for Hunting, Fishing and Conservation (Youth Council) to serve as chairperson for 1 academic year (September 1--August 31). Other officers may be elected by the members of the Youth Council and will serve for 1 academic year.

   (b)  The Governor's Advisor for Hunting, Fishing and Conservation (Advisor) may appoint one member of the Governor's Advisory Council for Hunting, Fishing and Conservation (Council) to serve as a Special Liaison for Youth. The Advisor may appoint other special liaisons from Council, as deemed appropriate.

§ 6.156.  Terms of membership.

   (a)  Members of the Governor's Youth Council for Hunting, Fishing and Conservation will be appointed for a term of 1 year and will continue to serve thereafter until successors have been appointed and qualified. Members will serve at the pleasure of the Governor and will be expected to contribute in a meaningful manner and attend meetings regularly.

   (b)  Members who compile more than two unexcused absences within the academic year will be subject to immediate removal by the Governor.

§ 6.157.  Youth mentors.

   The Governor's Advisor for Hunting, Fishing and Conservation (Advisor) may appoint to the Governor's Youth Council for Hunting, Fishing and Conservation (Youth Council) any number of non-youth members (Mentors), but Mentors will not be counted as part of the Youth Council's total complement. Mentors will be responsible for helping the Youth Council fulfill the requirements of this subchapter, and will serve for 1 year or until a successor has been appointed and qualified. The Advisor may appoint no more than two former Youth Council members as Mentors.

§ 6.158.  Reports.

   By August 31, the Governor's Youth Council for Hunting, Fishing and Conservation shall submit an annual report to the Governor's Advisor for Hunting, Fishing and Conservation, outlining its activities and accomplishments for the year.

EFFECTIVENESS OF SUBCHAPTER

§ 6.161.  Effective date.

   This subchapter will take effect immediately.

§ 6.162.  Termination date.

   This subchapter will remain in effect until revised or rescinded by the Governor.

§ 6.163.  Rescission.

   Executive Order 2001-5 is rescinded.

[Pa.B. Doc. No. 04-82. Filed for public inspection January 16, 2004, 9:00 a.m.]



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