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PA Bulletin, Doc. No. 08-568



[58 PA. CODE CH. 143]

Hunting and Furtaking Licenses

[38 Pa.B. 1470]
[Saturday, March 29, 2008]

   To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its January 29, 2008, meeting, adopted the following rulemaking:

   Amend § 143.12 (relating to hunter education training) to permit the Commission to waive hunter education course registration fees for its staff and volunteer instructors under certain circumstances.

   The final-form rulemaking will have no 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 37 Pa.B. 6749 (December 22, 2007).

1.  Purpose and Authority

   The Commission's hunter education program has grown in recent years to include not only the basic Hunter-Trapper Education curriculum for all first-time license buyers, but also a mandatory Remedial Hunter Education training program and a Cable Restraint Certification curriculum required for certain trapping activities. A voluntary advanced training program titled ''Successful Bowhunting'' was also developed to improve bowhunters' knowledge, skills and abilities. Future curriculum expansion is envisioned with additional species-specific and discipline-specific advanced training programs. With the growth in this program, the Commission has recognized a notable improvement in the knowledge and skills of the staff and volunteer instructors that have attended these training programs. In an effort to further promote participation in these and future training programs by staff and volunteer instructors, the Commission amended § 143.20 to permit the Commission to waive hunter education course registration fees for these individuals. The subject fee waiver will be further defined by formal, written hunter education policy and subject to review and approval by the Director.

   Section 2722(g)(2) of the code (relating to authorized license-issuing agents) directs the Commission to adopt regulations for the administration, control and performance of activities related to license issuing. 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 § 143.12 were adopted under this authority.

2.  Regulatory Requirements

   The final-form rulemaking amended § 143.12 to permit the Commission to waive hunter education course registration fees for its staff and volunteer instructors under certain circumstances.

3.  Persons Affected

   Staff and volunteer instructors of the Commission participating in any of the Commission's hunter education training courses may be affected by the final-form rulemaking.

4.  Comment and Response Summary

   There were no official comments received regarding this final-form rulemaking.

5.  Cost and Paperwork Requirements

   The final-form rulemaking may result in a nominal increase in additional cost (income avoidance) and paperwork to the Commission in implementing this fee waiver authority, however, such an increase should be absorbed by the Commission's current budget or staffing, or both.

6.  Effective Date

   The final-form rulemaking will be effective upon 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 amendment 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 this amendment 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, order that:

   (a)  The regulations of the Commission, 58 Pa. Code Chapter 143, are amended by amending § 143.12 to read as set forth at 37 Pa.B. 6749.

   (b)  The Executive Director shall certify this order and 37 Pa.B. 6749 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.

Executive Director

   Fiscal Note: Fiscal Note 48-257 remains valid for the final adoption of the subject regulation.

[Pa.B. Doc. No. 08-568. Filed for public inspection March 28, 2008, 9:00 a.m.]

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