PROPOSED RULEMAKING
[58 PA. CODE CH. 141]
Hunting Hours
[29 Pa.B. 2580] To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) at its April 9, 1999, meeting, proposed the following amendments:
Amend § 141.4 (relating to hunting hours) to allow the hunting of mourning doves the entire day during the 1999-2000 hunting season; and § 141.26 (relating to early Canada goose hunting season on Middle Creek Wildlife Management Area) to allow the controlled area at Middle Creek to be opened during both an early and regular season.
These proposed amendments will have no adverse impact on the wildlife resources of this Commonwealth.
The authority for this proposal is 34 Pa.C.S. (relating to Game and Wildlife code) (code).
This proposal was made public at the April 9, 1999, meeting of the Commission, and comments on this proposal can be sent to the Executive Director of the Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, until May 31, 1999.
Proposed Amendment to § 141.4
1. Introduction
To more effectively manage the wildlife resources of this Commonwealth, the Commission, at a meeting held on April 9, 1999, proposed a change to § 141.4 to expand the hunting hours for hunting mourning doves. This change was proposed under sections 322(c)(1) and 2102(a) of the code (relating to powers and duties of the Commission; and regulations).
2. Purpose and Authority
The current § 141.4(1) provides that mourning doves may be hunted from noon to sunset during the first season. It appears that mourning dove populations are sufficient to permit full hunting days during the first season. The proposed change would allow this.
Section 322(c)(1) of the code empowers the Commission to fix daily shooting or taking hours. Section 2102(a) of the code authorizes the Commission to promulgate regulations relating to the hunting of game or wildlife in this Commonwealth. The proposed change would be adopted under this authority.
3. Regulatory Requirements
The proposed change would not result in any additional regulatory requirements but rather would relax current requirements.
4. Persons Affected
Individuals wishing to hunt mourning doves would be affected by the proposed change.
Proposed Amendment to § 141.26
1. Introduction
To effectively manage the wildlife resources of this Commonwealth, the Commission at its April 9, 1999, meeting proposed changing § 141.26 to provide for goose hunting in both the early and regular seasons in the controlled area of Middle Creek Wildlife Management Area (MCWMA). This change was proposed under sections 322(c)(1) and 2102(b)(1) of the code.
2. Purpose and Authority
The Commission is required to set hunting and furtaking seasons and bag limits on an annual basis. Section 322 of the code specifically empowers the Commission to fix seasons for any species of game or wildlife. Section 2102(b) of the code mandates that the Commission promulgate regulations relating to seasons and bag limits.
Because of concerns about the migratory populations of Canada geese, the United States Fish and Wildlife Service will probably approve a very short regular Canada goose season in this Commonwealth. At the same time, the population of resident Canada geese has dramatically increased, resulting in numerous nuisance geese complaints. Authorizing goose hunting during both the regular and early seasons in the controlled goose hunting area of MCWMA should help to resolve this dilemma.
3. Regulatory Requirements
The proposed change will relax current regulatory requirements.
4. Comment and Paperwork Requirements
Persons wishing to hunt geese at MCWMA would be affected by the change.
5. Cost and Paperwork Requirements
The proposed changes will not result in any additional cost or paperwork, either to the Commission or to hunters.
6. Effective Date
The proposed changes would be effective on final publication in the Pennsylvania Bulletin and would remain in effect until changed by the Commission.
7. Contact Person
For further information on the proposed changes contact James R. Fagan, Director, Bureau of Law Enforcement, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717) 783-6526.
DONALD C. MADL,
Executive DirectorFiscal Note: 48-111. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 58. RECREATION
PART III. GAME COMMISSION
CHAPTER 141. HUNTING AND TRAPPING
Subchapter A. GENERAL § 141.4. Hunting hours.
During open hunting seasons, wild birds and animals may be taken 1/2 hour before sunrise to sunset unless further restricted.
(1) [Mourning doves may be hunted from 12 noon to sunset from the first opening date through the first closing date.
(2)] * * *
[(3)] (2) * * *
[(4)] (3) * * *
Subchapter B. SMALL GAME § 141.26. Early Canada goose hunting season on Middle Creek Wildlife Management Area.
[In lieu of fall season] During an early Canada goose season, the following apply:
(1) Opening of controlled hunting area. In years when the United States Fish and Wildlife Service [does not authorize] authorizes a regular fall Canada goose hunting season, [but does authorize] and an early Canada goose hunting season, the Director may open the controlled hunting area at Middle Creek Wildlife Management Area for early Canada goose hunting. When the controlled hunting area is open during an early Canada goose hunting season, the closed areas in Lebanon and Lancaster Counties, as defined in § 141.25(a)(2) (relating to early and late goose hunting seasons) do not apply.
(2) Registration for Middle Creek controlled goose hunting area, early season and description.
(i) Section 135.103 (relating to registration for controlled goose hunting areas) [applies, except that applications will be accepted through the second Saturday in August and a public drawing will be held at the registration center at 10 a.m. on the second Saturday in August] applies.
* * * * * (3) Bag limits. The bag limit in the controlled area of Middle Creek Wildlife Management Area is [two geese] one goose.
[Pa.B. Doc. No. 99-785. Filed for public inspection May 14, 1999, 9:00 a.m.]
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