GAME COMMISSION [58 PA. CODE CHS. 135, 141 AND 143] Lands and Buildings; Hunting and Trapping; Hunting and Furtakers Licenses [27 Pa.B. 2553] To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its April 15, 1997, meeting, proposed the following amendments:
Amend § 135.41 (relating to State game lands) by granting the Executive Director authority to restrict recreational or other uses of State game lands.
Amend § 141.25 (relating to early and late goose hunting seasons) by increasing the daily bag and possession limits and establishing new geographical boundaries for these seasons.
Amend § 143.51 (relating to application and issuance of bonus tags) by removing the dollar amount of the fee for antlerless deer licenses.
These amendments will have no adverse impact on the wildlife resources of this Commonwealth.
The authority for these proposed amendments is 34 Pa.C.S. (relating to the Game and Wildlife Code) (code).
These proposals were made public at the April 15, 1997, meeting of the Commission and comments on these proposals can be sent to the Executive Director of the Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797 until June 18, 1997.
Proposed amendment to § 135.41
1. Introduction
Section 722(a) of the code (relating to use of property) provides that lands or waters to which title has been acquired by the Commission ''. . . may be used only to create and maintain public hunting and furtaking, game or wildlife propagation areas . . . or other uses incidental to hunting, furtaking and game or wildlife resource management.'' The Commission has had a policy of allowing bike riding and horseback riding on game lands as an incidental public use. Unfortunately, intense use of some game lands for those purposes has led to erosion and habitat destruction.
Section 721(a) of the code places the administration of all lands and waters owned or controlled by the Commission under the sole control of the Executive Director (Director) and authorizes the Commission to promulgate regulations ''. . . for its use and protection as necessary to properly manage these lands or waters.'' Although the Director has the authority to control the use of game lands under section 721 of the code, the Commission wishes to confirm that authority and establish guidelines for closure of game lands by the proposed change to § 135.41.
2. Purpose and Authority
The purpose and authority of the proposed change are outlined in the Introduction. The change would confirm the Director's authority to close all or part of State game lands to specified uses when those uses may or have become detrimental or when they conflict with the statutorily mandated uses of the lands.
3. Regulatory Requirements
The proposed change would make it unlawful to violate restrictions on and closure of State game lands. It is anticipated that this authority will be used only when necessary and, therefore, will be limited.
4. Persons Affected
Individuals wishing to use State game lands for specified detrimental uses will be affected. Most affected likely will be trail bikers and horseback riders.
5. Cost and Paperwork Requirements
There will be additional cost to the Commission in posting closed or restricted areas. It is expected that the additional cost will be small.
6. Effective Date
The change would be effective on final publication in the Pennsylvania Bulletin and would remain in effect until changed by the Commission.
Proposed amendment to § 141.25
1. Introduction
To effectively manage the wildlife resources of this Commonwealth, the Commission, at its April 15, 1997, meeting, proposed changing § 141.25(a)(3) to provide for an increased daily bag limit and possession limit in an area encompassing approximately the southeastern one-eighth of Pennsylvania. The change would be made under the authority contained in sections 322(c)(3) and 2102 of the code (relating to rules and regulations).
2. Purpose and Authority
Southeastern Pennsylvania continues to have a problem with damage caused by nuisance Canada geese. Since the United States Fish and Wildlife Service has not provided for a regular Canada goose hunting season in the area, the problem must be dealt with in the early and late seasons. The Federal framework allows the Commonwealth to have a daily bag limit of 5 and possession limit of 10. The late season already has these limits. The proposed change would establish the same limits for the early seasons.
Section 322(c)(3) of the code authorizes the Commission to: ''Increase or reduce bag limits or possession limits.'' Section 2102(b) of the code directs the Commission to promulgate regulations relating to bag limits. The change is being proposed under these provisions.
3. Regulatory Requirements
The proposed change would increase bag and possession limits during the early Canada goose season in the southeastern part of Pennsylvania.
4. Persons Affected
Individuals wishing to hunt Canada geese in the southeastern part of Pennsylvania in the early season would be affected. Individuals suffering damage from nuisance Canada geese should benefit from the change.
5. Cost and Paperwork Requirements
The proposed change would not result in additional costs or paperwork requirements.
6. Effective Date
The change would be effective on final publication in the Pennsylvania Bulletin and would remain in effect until changed by the Commission.
Proposed amendment to § 143.51
1. Introduction
Section 143.51(e) requires the payment of a specific amount, $5.75, to accompany an application for a bonus tag. There is currently a bill pending before the Legislature which would increase hunting license fees. To avoid confusion and the need to change § 143.51(e) with any changes in fees, the Commission at its April 15, 1997, meeting, proposed changing the regulation to require payment as specified in the code. This is being done under the authority of sections 2102 and 2721 of the code (relating to rules and regulations; and license issuance supervision).
2. Purpose and Authority
As outlined in the Introduction, the change is being proposed to eliminate mention of a specified dollar amount which would require modification with every license fee change. Section 2102 of the code authorizes the Commission to promulgate regulations ''. . . permitting or prohibiting hunting or furtaking.'' Section 2721 of the code requires that the issuance of all hunting and furtaking licenses be ''. . . in accordance with the regulations of the Commission.''
3. Regulatory Requirements
The proposed change does not involve additional regulatory requirements.
4. Persons Affected
The proposed change would affect hunters seeking ''bonus'' or ''surplus'' antlerless deer licenses.
5. Cost and Paperwork Requirements
The proposed change would not result in additional cost or paperwork requirements.
6. Effective Date
The change would be effective on final publication in the Pennsylvania Bulletin and would remain in effect until changed by the Commission.
Contact Person
For further information on the proposed change, contact James R. Fagan, Director, Bureau of Law Enforcement, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717) 783-6526.
DONALD C. MADL,
Executive Director(Editor's Note: An amendment to § 143.51, which is proposed to be amended in this document, appeared at 27 Pa.B. 2417 (May 17, 1997).)
Fiscal Note. 48-99 (1) Game Fund; (2) Implementing Year 1996-97 is $minor; (3) 1st Succeeding Year 1997-98 is $minor; 2nd Succeeding Year 1998-99 is $minor; 3rd Succeeding Year 1999-00 is $minor; 4th Succeeding Year 2000-01 is $minor; 5th Succeeding Year 2001-02 is $minor; (4) Fiscal Year 1995-96 $n/a; Fiscal Year 1994-95 $n/a; Fiscal Year 1993-94 $n/a; (7) Game Fund; (8) recommends adoption.
Annex A TITLE 58. RECREATION PART III. GAME COMMISSION CHAPTER 135. LANDS AND BUILDINGS Subchapter C. STATE GAME LANDS § 135.41. State game lands.
* * * * * (b) Closure of game lands.
* * * * * (2) [It shall be unlawful to violate restrictions or closure placed on these lands by the Director.] The Director has the authority to close State game lands or portions thereof, to recreational or other uses, when the specified uses may be or have become detrimental to those lands or the flora or fauna thereon, or where the uses conflict with legal hunting, furtaking or fishing activities or the Commission's management or administration of State game lands. The closure may be seasonal or year- round and shall remain in effect until the Director removes the restrictions.
(3) It is unlawful to violate restrictions or closure placed on these lands by the Director.
CHAPTER 141. HUNTING AND TRAPPING Subchapter B. SMALL GAME § 141.25. Early and late goose hunting seasons.
(a) Early season and description.
* * * * * (3) [There is a daily bag limit of three and a possession limit of six with the exception of the closed areas in Crawford and Lancaster/Lebanon Counties] Bag limit.
(i) There is a daily bag limit of five and a possession limit of ten in the area east of I-83 from the Maryland State line to the intersection of U. S. Route 30 to the intersection of S. R. 441, east of S. R. 441 to the intersection of I-283, east of I-283 to I-83, east of I-83 to the intersection of I-81, east of I-81 to the intersection of I-80, and south of I-80 to the New Jersey State line.
(ii) There is a daily bag limit of three and a possession limit of six in the remainder of the State with the exception of the closed areas in Crawford and Lancaster/Lebanon Counties.
* * * * * CHAPTER 143. HUNTING AND FURTAKER LICENSES Subchapter C. ANTLERLESS DEER LICENSES § 143.51. Application and issuance of bonus tags.
* * * * * (e) [Five dollars and seventy-five cents] Remittance in the form of a negotiable check or money order[,] for the total amount due as specified in the act, payable to ''County Treasurer,'' shall accompany the application.
* * * * * [Pa.B. Doc. No. 97-829. Filed for public inspection May 23, 1997, 9:00 a.m.]
