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PA Bulletin, Doc. No. 10-1079



[ 58 PA. CODE CH. 143 ]

Hunting and Furtaker Licenses

[40 Pa.B. 3108]
[Saturday, June 12, 2010]

 To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its April 20, 2010, meeting, amended § 143.45 (relating to completing and submitting applications) to authorize county treasures to begin selling antlerless licenses over the counter on the first Monday in October.

 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 40 Pa.B. 1749 (April 3, 2010).

1. Purpose and Authority

 Commission staff recently met with the County Treasurer's Association (Association) to discuss outcomes and concerns regarding the first year of antlerless deer license issuance through the Pennsylvania Automated Licensing System. The Association suggested that a change be made to the regulation to help it process applications more efficiently. The Association asked that Statewide over-the-counter sales begin earlier so that hunters will not have to apply by mail. The Commission amended § 143.45 to authorize county treasurers begin selling antlerless licenses over-the-counter on the first Monday in October.

 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 amendment to § 143.45 was adopted under this authority.

2. Regulatory Requirements

 The final-form rulemaking amends § 143.45 to authorize county treasurers to begin selling antlerless licenses over-the-counter on the first Monday in October.

3. Persons Affected

 Persons wishing to apply for antlerless deer licenses from county treasurers over-the-counter within this Commonwealth may 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 should not result in additional cost or paperwork.

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 the 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, orders that:

 (a) The regulations of the Commission, 58 Pa. Code Chapter 143, are amended by amending § 143.45 to read as set forth at 40 Pa.B. 1749.

 (b) The Executive Director of the Commission shall certify this order and 40 Pa.B. 1749 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 48-305 remains valid for the final adoption of the subject regulation.

[Pa.B. Doc. No. 10-1079. Filed for public inspection June 11, 2010, 9:00 a.m.]

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