GAME COMMISSION [ 58 PA. CODE CH. 143 ] Hunting and Furtaker Licenses; Agents [43 Pa.B. 4741]
[Saturday, August 17, 2013]To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) proposed at its June 25, 2013, meeting to amend Chapter 143, Subchapter B (relating to appointment of agents) to eliminate the late fees for late agent applications and also to make housekeeping amendments to related text.
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 June 25, 2013, meeting of the Commission. Comments can be sent until September 20, 2013, to the Director, Information and Education, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797.
1. Purpose and Authority
Section 143.29 (relating to fee for late applications) requires applicants who submit their agent applications from April 1 through October 31 to pay a $100 late fee. In the past, ample time was needed to create agent accounts and expedite shipment of hunting licenses before the start of the new license year. Due the implementation of the automated license system, there are no longer time constraints that necessitate timely applications. Therefore, the Commission has determined that the late fee is no longer necessary. The Commission is proposing to amend Chapter 143, Subchapter B to eliminate the late fees for late agent applications and also to make housekeeping amendments to related text.
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 amendments to Chapter 143, Subchapter B are proposed under this authority.
2. Regulatory Requirements
The proposed rulemaking will amend Chapter 143, Subchapter B to eliminate the late fees for late agent applications and also to make housekeeping amendments to related text.
3. Persons Affected
Persons wishing to make application to become a hunting/furtaking license issuing agent within this Commonwealth may be affected by the proposed rulemaking.
4. Cost and Paperwork Requirements
The proposed rulemaking should not result in additional cost or paperwork.
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 DirectorFiscal Note: 48-355. No fiscal impact; (8) recommends adoption.
Annex A TITLE 58. RECREATION PART III. GAME COMMISSION CHAPTER 143. HUNTING AND FURTAKER LICENSES Subchapter B. APPOINTMENT OF AGENTS § 143.22. Rebate [schedule] for first year agents.
(a) An agent shall be entitled to a rebate based upon [the first year only license] his first license year only sales as follows:
* * * * * (4) Rebate $400 if 1,000 licenses are sold.
(b) A rebate will not be given after the first license year of sales.
§ 143.23. Minimum sales requirement.
To continue as an agent, a minimum of 200 hunting licenses shall be sold [annually] each license year. Qualifying licenses, for the purpose of calculating 200 hunting licenses, will be the regular resident, nonresident hunting and furtakers licenses. [Archery and muzzleloader are not included as qualifying licenses.] Archery, muzzleloader, bear, special wild turkey, migratory game bird and replacement licenses are not included as qualifying licenses. In addition, an agent shall continue to meet the requirements in § 143.27 (relating to conditions for appointment).
§ 143.24. Fee for reapplication.
If an agent sells less than the required 200 qualifying licenses in a given license year, and is removed by the Commission, or if an agent voluntarily withdraws, a subsequent reapplication requires payment of the application fee.
§ 143.25. Rebate restrictions.
[Rebate] A rebate will not be granted if the agent is delinquent in [reporting and remitting license reports and monies] remitting moneys as required.
§ 143.27. Conditions for appointment.
A person desiring consideration for appointment as an agent shall meet the following conditions:
(1) Be a resident of this Commonwealth or an entity registered to do business in this Commonwealth.
(2) [Operate a bona fide sporting goods sales outlet where the public expects to find this service.
(3)] Be open to the public during reasonable daylight and evening hours.
[(4)] (3) Not operate on a seasonal or part-time basis.
[(5)] (4) Agree to and demonstrate ability to provide full license service and cooperation to the public throughout the entire license sales period, and keep records required by the Commission and by statute.
[(6)] (5) Provide security to the Commission in an amount of at least $18,000.
§ 143.28. Application period.
(a) A person requesting appointment as an agent shall submit the appropriate completed application form to the Commission in Harrisburg during the period November 1 through March 31 of the following year [in order] to be eligible for appointment as an issuing agent for the license year beginning the following July 1. [Exceptions to this period may be considered due to changes of ownership of business establishments who are agents.]
(b) An application received outside of the application period is not guaranteed to be processed by the Commission before the start of the license year beginning July 1.
§ 143.29. [Fee for late applications] (Reserved).
[An application, other than a change of ownership application, received during the period April 1 through October 31 may be accepted if the applicant includes an additional nonreturnable fee of $100. A late applicant shall be bound by this subchapter. Nothing contained in the section may be construed to guarantee approval of a late application.]
[Pa.B. Doc. No. 13-1519. Filed for public inspection August 16, 2013, 9:00 a.m.]
