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COMMONWEALTH OF PENNSYLVANIA

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Pennsylvania Code



Subchapter K. ELK LICENSES


Sec.


143.201.    Purpose and scope.
143.202.    Application.
143.203.    Random drawing elk licenses.
143.203a.    Special elk conservation license auction.
143.203b.    Special-license fundraiser elk license.
143.204.    [Reserved].
143.205.    [Reserved].
143.206.    Validity of elk licenses.
143.207.    Unlawful acts.
143.208.    Penalties.

Authority

   The provisions of this Subchapter K issued under the Game and Wildlife Code, 34 Pa.C.S. § §  2705(15) and 2722(g)(2), unless otherwise noted.

Source

   The provisions of this Subchapter K adopted June 8, 2001, effective June 9, 2001, 31 Pa.B. 2926, unless otherwise noted.

§ 143.201. Purpose and scope.

 If the Commission approves an elk hunting season, this subchapter establishes methods of applying for elk licenses. The Commission will set the number of licenses to be issued, establishing a quantity of tags for antlered and/or antlerless elk.

Authority

   The provisions of this §  143.201 amended under the Game and Wildlife Code, 34 Pa.C.S. § §  2705(15) and 2722(g).

Source

   The provisions of this §  143.201 amended August 26, 2005, effective August 27, 2005, 35 Pa.B. 4827. Immediately preceding text appears at serial page (304869).

§ 143.202. Application.

 Completed applications shall be submitted as determined by the Director. For the purpose of having a unique identifier assigned to each individual in the database, permitting a crosscheck for duplicates, applicants shall provide their Social Security number or hunter ID number on the application. A nonrefundable $10 application fee shall accompany the application.

Authority

   The provisions of this §  143.202 amended under the Game and Wildlife Code, 34 Pa.C.S. § §  2102(a), 2722(g)(a) and 2901(b).

Source

   The provisions of this §  143.202 amended October 24, 2003, effective October 25, 2003, 33 Pa.B. 5314; amended June 16, 2006, effective June 17, 2006, 36 Pa.B. 2976. Immediately preceding text appears at serial page (313267).

§ 143.203. Random drawing elk licenses.

 (a)  The Executive Director will set the date for the random drawing of applications for the issuance of random drawing elk licenses.

 (b)  Applications from current applicants who have applied in the 2003-2004 license year and subsequent years will be included in the random drawing until the applicant is successfully drawn and issued a license.

 (c)  Applicants issued a random drawing elk license entitling them to take an antlered elk are not permitted to apply for a random drawing elk license for 5 license years.

 (d)  Qualified applicants and alternates drawn for a random drawing elk license shall be required to obtain a regular hunting license and complete an orientation program as prescribed by the Director.

 (e)  Qualified applicants drawn for a random drawing elk license whose military obligation prevents them from hunting the current elk season shall be eligible to hunt in the next available elk season.

 (f)  The number of available random drawing elk licenses each year shall be limited to the allocations set by the Commission for each elk hunt zone. Any elk hunt zone that does not receive an allocation for a given hunting license year is closed to all elk hunting, unless the zone is designated as open to all elk license holders by the Commission.

Authority

   The provisions of this §  143.203 amended under the Game and Wildlife Code, 34 Pa.C.S. § §  322(c)(4), 2102(a), 2705(15) and 2722(g).

Source

   The provisions of this §  143.203 amended August 9, 2002, effective August 10, 2002, 32 Pa.B. 3945; amended October 24, 2003, effective October 25, 2003, 33 Pa.B. 5319; amended July 16, 2004, effective July 17, 2004, 34 Pa.B. 3713; amended August 26, 2005, effective August 27, 2005, 35 Pa.B. 4827; amended June 27, 2008, effective June 28, 2008, 38 Pa.B. 3489; amended May 21, 2021, effective May 22, 2021, 51 Pa.B. 2937. Immediately preceding text appears at serial pages (379532) to (379533).

Cross References

   This section cited in 58 Pa. Code §  143.203a (relating to special elk conservation license auction); and 58 Pa. Code §  143.203b (relating to special-license fundraiser elk license).

§ 143.203a. Special elk conservation license auction.

 (a) Each year the Commission may contract with an eligible wildlife conservation organization to conduct an auction sale of one special elk conservation license in accordance with section 2706.2(b) of the act (relating to elk hunting licenses).

 (b)  Upon conclusion of the auction, the wildlife conservation organization shall issue the winning bidder a license voucher which may be redeemed for a special elk conservation license under section 2712 of the act (relating to vouchers for licenses and permits).

 (c)  Except as authorized by §  143.206(c) (relating to validity of elk licenses), special conservation license auction elk licenses are limited to use within the elk hunt zones receiving allocation(s) for a given hunting license year under section §  143.203(f) (relating to random drawing elk licenses). Any elk hunt zone that does not receive an allocation for a given hunting license year under section §  143.203(f) is closed to all elk hunting, unless the zone is designated as open to all elk license holders by the Commission.

Authority

   The provisions of this §  143.203a adopted under the Game and Wildlife Code, 34 Pa.C.S. § §  2706.2, 2712, and 2722(g); and amended Game and Wildlife Code, 34 Pa.C.S. § §  2102(a) and 2722(g).

Source

   The provisions of this §  193.203a adopted November 27, 2009, effective November 28, 2009, 39 Pa.B. 6766; amended May 21, 2021, effective May 22, 2021, 51 Pa.B. 2937. Immediately preceding text appears at serial page (379533).

§ 143.203b. Special-license fundraiser elk license.

 (a)  Each year the Commission may contract with an eligible Pennsylvania-based nonprofit organization to conduct an auction or raffle sale of one special-license fundraiser elk license in accordance with section 2706.2(c) of the act (relating to elk hunting licenses).

 (b)  Upon conclusion of the auction or raffle, the Pennsylvania-based nonprofit organization shall issue the winning bidder a license voucher which may be redeemed for a special-license fundraiser elk license under section 2712 of the act (relating to vouchers for licenses and permits).

 (c)  Except as authorized by §  143.206(c) (relating to validity of elk licenses), special-license fundraiser elk license auction licenses are limited to use within the elk hunt zones receiving allocations for a given hunting license year under section §  143.203(f) (relating to random drawing elk licenses). Any elk hunt zone that does not receive an allocation for a given hunting license year under section §  143.203(f) is closed to all elk hunting, unless the zone is designated as open to all elk license holders by the Commission.

Authority

   The provisions of this §  143.203b issued under the Game and Wildlife Code, 34 Pa.C.S. § §  2102(a) and 2722(g).

Source

   The provisions of this §  143.203b adopted May 21, 2021, effective May 22, 2021, 51 Pa.B. 2937.

§ 143.204. [Reserved].


Source

   The provisions of this §  143.204 reserved November 29, 2002, effective November 30, 2002, 32 Pa.B. 5890. Immediately preceding text appears at serial page (290370).

§ 143.205. [Reserved].


Source

   The provisions of this §  143.205 reserved November 29, 2002, effective November 30, 2002, 32 Pa.B. 5890. Immediately preceding text appears at serial page (290370).

§ 143.206. Validity of elk licenses.

 (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, unless the zone is designated as open to all elk license holders by the Commission.

 (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 are additionally valid for taking either an antlered or antlerless elk anywhere within this Commonwealth outside of the elk management area during any extended elk season established in §  139.4 (relating to seasons and bag limits for the license year) that follows the regular elk season.

Authority

   The provisions of this §  143.206 issued under the Game and Wildlife Code, 34 Pa.C.S. § §  2102(a) and 2722(g)(2); amended under the Game and Wildlife Code, 34 Pa.C.S. § §  322(c)(4), 2102(a) and 2722(g).

Source

   The provisions of this §  143.206 adopted November 29, 2002, effective November 30, 2002, 32 Pa.B. 5890; amended June 28, 2008, effective June 27, 2008, effective June 28, 2008, 38 Pa.B. 3489; amended June 11, 2010, effective June 12, 2010, 40 Pa.B. 3107; amended May 21, 2021, effective May 22, 2021, 51 Pa.B. 2937. Immediately preceding text appears at serial page (349883).

Cross References

   This section cited in 58 Pa. Code §  143.203a (relating to special elk conservation license auction); and 58 Pa. Code §  143.203b (relating to special-license fundraiser elk license).

§ 143.207. Unlawful acts.

 It is unlawful for a person to:

   (1)  Submit more than one application for an elk license for any elk season, during any hunting license year.

   (2)  Apply for or to receive a license contrary to the act or this part.

   (3)  Hunt for elk in an elk hunt zone other than the elk hunt zone designated on the elk license.

   (4)  Hunt or take an elk other than the antlered or antlerless elk designated on the elk license.

Authority

   The provisions of this §  143.207 issued and amended under the Game and Wildlife Code, 34 Pa.C.S. § §  322(c)(4), 2102(a) and 2722(g)(2).

Source

   The provisions of this §  143.207 adopted November 29, 2002, effective November 30, 2002, 32 Pa.B. 5890; amended July 16, 2004, effective July 17, 2004, 34 Pa.B. 3713; amended June 27, 2008, effective June 28, 2008, 38 Pa.B. 3489. Immediately preceding text appears at serial pages (319744) and (322033).

§ 143.208. Penalties.

 A person violating this subchapter shall, upon conviction, be sentenced to pay the fine prescribed in the act.

Authority

   The provisions of this §  143.208 issued under the Game and Wildlife Code, 34 Pa.C.S. § §  2102(a) and 2722(g)(2).

Source

   The provisions of this §  143.208 adopted November 29, 2002, effective November 30, 2002, 32 Pa.B. 5890.



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