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COMMONWEALTH OF PENNSYLVANIA

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PA Bulletin, Doc. No. 12-1045

PROPOSED RULEMAKING

GAME COMMISSION

[ 58 PA. CODE CH. 143 ]

Hunting and Furtaker Licenses; Change of Residency Registration

[42 Pa.B. 3267]
[Saturday, June 9, 2012]

 To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) proposed at its April 24, 2012, meeting to add § 143.13 (relating to change of residency registration) to require holders of hunting and furtaking licenses who change their residency status to acquire a change of residency registration within 30 days of the change otherwise their licenses will become invalid.

 The proposed rulemaking will not have an 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 April 24, 2012, meeting of the Commission. Comments can be sent, until June 22, 2012, to the Director, Bureau of Information and Education, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797.

1. Purpose and Authority

 The Commission recently reviewed its policy concerning what it requires from licensed hunters and trappers who change their residency from resident to nonresident or from nonresident to resident. Currently, if a resident of this Commonwealth becomes a nonresident after having previously purchased a hunting or furtaking license, that license is deemed invalid and the person is required to repurchase a nonresident hunting or furtaking license at full cost to continue engaging in hunting or trapping activities within this Commonwealth during that license year. The result is quite the opposite for nonresidents who become residents after previously having a hunting or furtaking license, whom are not required to repurchase a new license or even report the change in residency. In both cases, the Commission identified value in obtaining updates from its license holders when a change in residency occurs. The Commission is proposing to add § 143.13 to harmonize the approach that it takes concerning both types of residency change. Under this proposed section, changes in residency will require the license holder to acquire a change of residency registration within 30 days of the change in residency otherwise the license will automatically become invalid. Once a change of residency registration has been submitted, a further repurchase of license will not be required for residents or nonresidents that have changed their residency status.

 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 addition of § 143.13 was proposed under this authority.

2. Regulatory Requirements

 The proposed rulemaking will add § 143.13 to require holders of hunting and furtaking licenses who change their residency status to acquire a change of residency registration within 30 days of the change otherwise their licenses will become invalid.

3. Persons Affected

 Persons wishing to hunt or trap game or wildlife within this Commonwealth who change their residency status will be affected by the proposed rulemaking.

4. Cost and Paperwork Requirements

 The proposed rulemaking may result in additional cost and paperwork. It is anticipated that this additional cost and paperwork will be nominal and covered by current budgets and work assignments.

5. Effective Date

 The proposed rulemaking will be effective upon final-form 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 R. Palmer, Director, Bureau of Wildlife Protection, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717) 783-6526.

CARL G. ROE, 
Executive Director

Fiscal Note: 48-342. No fiscal impact; (8) recommends adoption.

Annex A

TITLE 58. RECREATION

PART III. GAME COMMISSION

CHAPTER 143. HUNTING AND FURTAKER LICENSES

Subchapter A. GENERAL

§ 143.13. Change of residency registration.

 (a) General rule. A change in residency status from resident to nonresident or from nonresident to resident, as defined in sections 102, 2702 and 2703 of the act (relating to definitions; residents; and nonresidents), automatically invalidates a person's hunting or furtaking license 30 days after the change in status unless the licensee completes and submits a change in residency registration to the Commission on the form provided.

 (b) Possession and production. A change in residency registration shall be maintained with and as a part of the person's license materials until the close of the current license year and shall be produced as a part of the person's license materials upon request or demand of a landowner or officer whose duty it is to enforce the act.

 (c) Fee. A fee of $6 will be assessed for a change of residency registration.

[Pa.B. Doc. No. 12-1045. Filed for public inspection June 8, 2012, 9:00 a.m.]



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