GAME COMMISSION [ 58 PA. CODE CH. 147 ] Special Permits; Mentored Hunting Program Permit [45 Pa.B. 2608]
[Saturday, May 30, 2015]To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its April 10, 2015, meeting, adopted amendments to § 147.804 (relating to general) by eliminating the issuance of antlered deer and spring turkey harvest tags to mentored youth under 7 years of age at the time of application with their mentored permit, but allowing mentors to transfer antlered deer and spring turkey harvest tags issued to them to these younger youth.
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 45 Pa.B. 1631 (April 4, 2015).
1. Purpose and Authority
The Commission received extensive public comment regarding concern over the appropriateness of young children's abilities to utilize high-powered firearms to harvest big game, as well as allegations of adults utilizing the harvest tags of mentored youth unlawfully. Wildlife Conservation Officers have encountered evidence of the allegations in several enforcement operations this past hunting season. The Commission amends § 147.804 by eliminating the issuance of antlered deer and spring turkey harvest tags to mentored youth under 7 years of age at the time of application with their mentored permit, but allowing mentors to transfer antlered deer and spring turkey harvest tags issued to them to these younger youth.
Section 2701(a) of the code (relating to license requirements) states that ''[e]xcept in defense of person or property or pursuant to exemptions authorized in this title or by regulation of the commission for implementing a mentored hunting program, every person, prior to engaging in any of the privileges granted by this title, shall first obtain the applicable license subject to any conditions or other requirements imposed by this title.'' Section 2102(a) of the code (relating to regulations) provides that ''[t]he 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 § 147.804 are adopted under this authority.
2. Regulatory Requirements
The final-form rulemaking amends § 147.804 by eliminating the issuance of antlered deer and spring turkey harvest tags to mentored youth under 7 years of age at the time of application with their mentored permit, but allowing mentors to transfer antlered deer and spring turkey harvest tags issued to them to these younger youth.
3. Persons Affected
Persons under 7 years of age at the time of application wishing to hunt wild turkey or white-tailed deer under the mentored youth hunting program may be affected by the final-form rulemaking.
4. Comment and Response Summary
The Commission received a total of 16 comments in support and 33 comments in opposition of 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 Thomas P. Grohol, Director, Bureau of Wildlife Protection, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717) 783-6526.
Findings
The Commission finds that:
(1) Public notice of intention to adopt the administrative amendments 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 amendments of the Commission in the manner provided in this order is necessary and appropriate for the administration and enforcement of the authorizing statute.
Order
The Commission, acting under the authorizing statute, orders that:
(a) The regulations of the Commission, 58 Pa. Code Chapter 147, are amended by amending § 147.804 to read as set forth in Annex A.
(b) The Executive Director of the Commission shall certify this order and Annex A 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.
R. MATTHEW HOUGH,
Executive DirectorFiscal Note: Fiscal Note 48-381 remains valid for the final adoption of the subject regulation.
Annex A TITLE 58. RECREATION PART III. GAME COMMISSION CHAPTER 147. SPECIAL PERMITS Subchapter X. MENTORED HUNTING PROGRAM PERMIT § 147.804. General.
(a) License required. A mentor shall possess a valid Pennsylvania hunting license or qualify for license and fee exemptions under section 2706 of the act (relating to resident license and fee exemptions) prior to engaging in any mentored hunting activities.
(b) Permit required. A mentored youth or mentored adult shall possess a valid applicable mentored hunting permit prior to engaging in any mentored hunting activities.
(c) Species limitation.
(1) A mentored youth's hunting eligibility is restricted to the following species: squirrel, woodchuck, coyote, deer and wild turkey. Except as provided in this paragraph, mentored youth hunting permits will be issued with an antlered deer harvest tag and a spring turkey harvest tag. Harvest tags will not be issued to mentored youth applicants who are under 7 years of age at the time of application.
(2) A mentored adult's hunting eligibility is restricted to the following species: squirrel, ruffed grouse, rabbit, pheasant, bobwhite quail, hares, porcupine, woodchuck, crow, coyote, antlerless deer and wild turkey. Mentored adult hunting permits will be issued with a spring turkey harvest tag.
(d) Seasons and bag limits. A mentored youth's and mentored adult's hunting eligibility is further constrained by applicable hunting seasons, daily limits, field possession limits and season limits provided in § 139.4 (relating to seasons and bag limits for the license year).
(e) Applicability of junior seasons and antler restrictions. A mentored youth is eligible to hunt during any special youth hunting seasons that apply to any species specified in subsection (c) and are subject to the same antler restrictions that apply to junior license holders in § 131.2 (relating to definitions).
(f) Tagging requirements. Mentored youth and men-tored adults shall tag and report all big game harvested in the manner provided in section 2323 of the act (relating to tagging and reporting big game kills).
(g) Transfer of an antlerless license. Notwithstanding the prohibitions in section 2711(a)(3) and (5) of the act (relating to unlawful acts concerning licenses), mentors are authorized to transfer antlerless licenses issued to them to an eligible mentored youth or mentored adult. The antlerless license shall be valid and in the possession of the mentor at all times while hunting antlerless deer. The transfer of the antlerless license may not occur until after the mentored youth or mentored adult has harvested the antlerless deer, but before tagging the carcass. A mentored youth or mentored adult may receive by transfer no more than one antlerless deer license each license year. Mentored youth and mentored adults are ineligible to make direct application for an antlerless license.
(h) Transfer of a fall turkey tag. Notwithstanding the prohibitions in section 2711(a)(3) and (5) of the act, mentors are authorized to transfer fall turkey tags issued to them to an eligible mentored youth or mentored adult. The fall turkey tag shall be valid and in the possession of the mentor at all times while hunting fall turkey. The transfer of the fall turkey tag may not occur until after the mentored youth or mentored adult has harvested the fall turkey, but before tagging the carcass. A mentored youth or mentored adult may not receive by transfer more than one fall turkey tag each license year.
(i) Transfer of a Deer Management Assistance Program harvest permit. Notwithstanding the prohibitions in § 147.676(2) and (3) (relating to unlawful acts), mentors are authorized to transfer Deer Management Assistance Program (DMAP) harvest permits issued to them to an eligible mentored youth or mentored adult. The DMAP harvest permit must be valid and in the possession of the mentor at all times while hunting antlerless deer. The transfer of the DMAP harvest permit may not occur until after the mentored youth or mentored adult has harvested the antlerless deer, but before tagging the carcass. A mentored youth or mentored adult may not receive by transfer more than one DMAP harvest permit each license year. Mentored youth and mentored adults are ineligible to make direct application for a DMAP harvest permit.
(j) Transfer of an antlered deer harvest tag. Notwithstanding the prohibitions in section 2711(a)(3) and (5) of the act, mentors are authorized to transfer antlered deer harvest tags issued to them to a mentored youth who was under 7 years of age at the time of application. The antlered deer harvest tag shall be valid and in the possession of the mentor at all times while hunting antlered deer. The transfer of the antlered deer harvest tag may not occur until after the mentored youth has harvested the antlered deer, but before tagging the carcass. A mentored youth may not receive by transfer more than one antlered deer harvest tag each license year.
(k) Transfer of a spring turkey harvest tag. Notwithstanding the prohibitions in section 2711(a)(3) and (5) of the act, mentors are authorized to transfer spring turkey harvest tags issued to them to a mentored youth who was under 7 years of age at the time of application. The spring turkey harvest tag shall be valid and in the possession of the mentor at all times while hunting spring turkey. The transfer of the spring turkey harvest tag may not occur until after the mentored youth has harvested the spring turkey, but before tagging the carcass. A mentored youth may not receive by transfer more than one spring turkey harvest tag each license year.
[Pa.B. Doc. No. 15-1007. Filed for public inspection May 29, 2015, 9:00 a.m.]
