Title 58--RECREATION GAME COMMISSION [58 PA. CODE CH. 143] Hunting and Furtaker Licenses [36 Pa.B. 3813]
[Saturday, July 22, 2006]To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its June 6, 2006, meeting, adopted the following rulemaking:
Add Chapter 143, Subchapter M (relating to mentored youth hunting program license exemption) to create, define and implement the Mentored Youth Hunting Program within this Commonwealth.
The final-form rulemaking will have no 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 36 Pa.B. 2727 (June 3, 2006).
1. Purpose and Authority
Due to today's complex society and all of the competing interests youths have to choose from, it is difficult for our sporting men and women to expose youngsters to the joys of hunting. On December 22, 2005, Governor Rendell signed into law House Bill 1690 to provide a way for parents to better combat these challenges. In effect, this statutory amendment authorized the Commission to create, define and implement a concept aptly named the Mentored Youth Hunting Program (MYHP).
The mission of the MYHP is simple and clear . . . create expanded youth opportunities while maintaining safety afield. The MYHP provides youngsters a chance to develop the love of hunting early and allow that passion to grow as they do. The MYHP promotes the culture and development of the type of one-on-one training, and hands on experience that will help protect our hunting future as well as increase hunting safety through the intimate counseling provided by dedicated mentors. Youths who might otherwise never experience hunting will now have the chance to taste the thrills of past generations as they carry this Commonwealth's hunting heritage into our future. The MYHP may not benefit all youths, however, it does provide a vehicle into the hunting fraternity for many youngsters whose parents feel are mentally, emotionally and physically ready for the rigors of hunting.
It was only with the dedicated assistance of various sportsmen's organizations that the MYHP was even possible. Indeed, the MYHP concept was initially developed and promoted by the determination of organizations such as the National Wild Turkey Federation, Pennsylvania Federation of Sportsmen's Clubs, United Bowhunters of Pennsylvania, Central Counties Concerned Sportsmen, National Rifle Association, Quality Deer Management Association, Rocky Mountain Elk Foundation, Big Bothers/Big Sisters Pass It On Program and U.S. Sportsmen's Alliance.
In a world in which everyone seems to have less and less time, and we never seem to place the proper value on the truly important things, there can be no greater way to instill values, provide the ideal time and place to teach conservation, respect, ethics and responsibilities that we all have as caretakers of our streams and forests, than by adopting the MYHP in this Commonwealth. Therefore, after consideration of the relevant issues, the Commission added Subchapter M to Chapter 143 to create, define and implement the Mentored Youth Hunting Program within this Commonwealth.
Section 2701(a) of the code (relating to license requirements) states that ''Except in defense of person or property or pursuant to exemptions authorized by the commission for implementing a mentored youth 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 ''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 Subchapter M to Chapter 143 was adopted pursuant to this authority.
2. Regulatory Requirements
This final-form rulemaking adds Subchapter M (relating to mentored youth hunting program license exemption) to create, define and implement the MYHP within this Commonwealth.
3. Persons Affected
Persons wishing to engage in mentored youth hunting opportunities or those in the vicinity of persons engaging in mentored youth hunting activities will be affected by the final-form rulemaking.
4. Comment and Response Summary
The Commission received two official comments regarding this final-form rulemaking; both in support of expanding the number of species that mentored youth are eligible to hunt under the MYHP.
5. Cost and Paperwork Requirements
The final-form rulemaking should not result in any additional cost or paperwork.
6. Effective Date
The final rulemaking will be effective upon final publication in the Pennsylvania Bulletin and will remain in effect until changed by the Commission.
7. Contact Person
For further information regarding the final rulemaking, contact Michael A. Dubaich, Director, Bureau of Law Enforcement, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717) 783-6526.
8. Findings
The Commission finds that:
(1) Public notice of intention to adopt the administrative regulations 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 these regulations of the Commission in the manner provided in this order is necessary and appropriate for the administration and enforcement of the authorizing statute.
9. Order
The Commission, acting under authorizing statute orders that:
(a) The regulations of the Commission, 58 Pa. Code Chapter 143, are amended by adding §§ 143.241, 143.243 and 143.245--143.247 to read as set forth at 36 Pa.B. 2727 and by adding §§ 143.242 and 143.244 to read as set forth in Annex A.
(b) The Executive Director of the Commission shall certify this order, 36 Pa.B. 2727 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.
VERNON R. ROSS
Executive DirectorFiscal Note: Fiscal Note 48-230 remains valid for the final adoption of the subject regulations.
Annex A TITLE 58. RECREATION PART III. GAME COMMISSION CHAPTER 143. HUNTING AND FURTAKER LICENSES Subchapter M. MENTORED YOUTH HUNTING PROGRAM LICENSE EXEMPTION § 143.242. Definitions.
The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise:
Lawful hunting device--Any firearm or implement that is lawful to be possessed during the current season and used to harvest the particular species hunted.
Mentor--A licensed person, 21 years of age or older who is serving as a guide to a mentored youth while engaged in hunting or related activities.
Mentored youth--An unlicensed person, under 12 years of age who is accompanied by a mentor while engaged in hunting or related activities.
Stationary--The state or condition where a person is still, fixed in place or static, indicated by a cessation of all forward, backward or lateral movement, whether in the standing, kneeling, sitting or prone position.
§ 143.244. Safety.
While engaged in mentored youth hunting activities:
(1) A mentored youth shall be stationary, within arms reach and subject to the immediate control of the mentor at all times while in possession of any lawful hunting device.
(2) A mentor may not accompany more than one youth, including junior hunters, at any given time.
(3) A mentor and mentored youth may not collectively possess more than one lawful hunting device at any given time.
(4) A mentor and mentored youth shall both comply with section 2524 of the act (relating to protective material required) and with regulations promulgated by the Commission relating to protective material. See § 141.20 (relating to protective material required).
[Pa.B. Doc. No. 06-1270. Filed for public inspection July 21, 2006, 9:00 a.m.]
