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PA Bulletin, Doc. No. 00-1386

PROPOSED RULEMAKING

GAME COMMISSION

[58 PA. CODE CH. 141]

Special Regulations Areas

[30 Pa.B. 4253]

   To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) at its June 21, 2000 meeting, proposed the following amendment to Chapter 141:

   Amend § 141.1 (relating to special regulations areas) to allow the use of muzzleloading pistols in the Southeast and Southwest Special Regulations Areas to remain consistent with the Commission's intent to expand hunting opportunities.

   This amendment to § 141.1 will have no adverse impact on the wildlife resources of this Commonwealth.

   The authority for the proposal is 34 Pa.C.S. (relating to Game and Wildlife Code) (code).

   This proposal was made public at the June 21, 2000, 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 September 22, 2000.

Proposed Amendment to § 141.1

1.  Introduction

   To more effectively manage the wildlife resources of this Commonwealth, the Commission at its meeting held on June 21, 2000, proposed changing § 141.1 to allow the use of any muzzleloading firearm with single projectile ammunition for deer hunting in special regulation areas. This will allow more flexibility for muzzleloaders in special regulation areas and create more hunting opportunities. These changes are adopted under authority contained in section 2102 of the code (relating to regulations).

2.  Purpose and Authority

   Because of excessive deer populations within the established special regulations areas, the Commission has decided to encourage deer hunting as much as possible. One way in which this can be done is by allowing the use of muzzleloading pistols with appropriate ammunition during the applicable season. The proposed change will allow this.

   Section 2102(a) of the code directs the Commission to ''. . . promulgate such regulations as it deems necessary and appropriate concerning . . . the ways, manner, methods, and means of hunting or furtaking . . .'' Section 2102(d) also directs the Commission to promulgate regulations stipulating ''. . . the type of firearms and ammunition and other devices which may be used . . .'' The change was adopted under this authority.

3.  Regulatory Requirements

   The amendment will relax current requirements.

4.  Persons Affected

   Individuals wishing to hunt deer in special regulations areas with muzzleloading firearms using single projectile ammunition will be affected by the proposals.

5.  Cost and Paperwork Requirements

   The proposed change should not result in any additional cost or paperwork.

6.  Effective Date

   The proposed change will be effective on final publication in the Pennsylvania Bulletin and will remain in effect until changed by the Commission.

7.  Contact Person

   For further information on the change contact David E. Overcash, Acting Director, Bureau of Law Enforcement, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717) 783-6526.

VERNON R. ROSS,   
Executive Director

   Fiscal Note:  48-123. No fiscal impact; (8) recommends adoption.

Annex A

TITLE 58.  RECREATION

PART III.  GAME COMMISSION

CHAPTER 141.  HUNTING AND TRAPPING

Subchapter A.  GENERAL

§ 141.1.  Special regulations areas.

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   (d)  Permitted acts. It is lawful to:

   (1)  Hunt and kill deer through the use of a muzzleloading [long gun] firearm or a shotgun, at least .410 gauge (rifled barrels permitted), including semiautomatics which, upon discharge, propel a single projectile.

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[Pa.B. Doc. No. 00-1386. Filed for public inspection August 11, 2000, 9:00 a.m.]



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