PROPOSED RULEMAKING
GAME COMMISSION
[58 PA. CODE CH. 139]
Seasons and Bag Limits
[31 Pa.B. 1463] To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) at its January 23, 2001, meeting, proposed the following amendment to:
Amend § 139.4 (relating to seasons and bag limits for the license year) to provide dates for the 2001-2002 hunting license year.
This proposed amendment will have no adverse impact on the wildlife resources of this Commonwealth.
The authority for the proposal is 34 Pa.C.S. (relating to the Game and Wildlife Code) (code).
This proposal was made public at the January 23, 2001, 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 April 6, 2001.
1. Introduction
These seasons and bag limits were proposed under sections 322(c)(1) and 2102(b)(1) of the code (relating to powers and duties of Commission; and regulations). Notable changes for the 2001-2002 year include earlier antlerless deer seasons and increased opportunities to take antlerless deer, a proposed elk hunting season for the first time in 70 years, and increased small game hunting opportunities.
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 . . . and daily, season and possession limits 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.
Changes that have been proposed for the 200l-2002 season are primarily intended to increase the harvest of antlerless deer, allow the limited taking of elk and to maximize recreational opportunities where game and wildlife populations allow. Major changes are as follows:
1. The thrust of the proposed deer seasons for 2001-2002 is to emphasize the taking of antlerless deer, the main mechanism by which deer populations are controlled, and to limit the harvesting of antlered deer. As a result, the rifle antlerless season will begin on the Saturday before the rifle antlered deer season and run concurrently with that season. There will also again be an early (October) antlerless muzzleloader season and a similar rifle season for junior and senior license holders, disabled person permit holders and those serving on active duty in the armed forces.
2. In Act 111 of 2000, signed into law by Governor Ridge on December 20, 2000, the Commission was authorized to issue elk hunting licenses. The elk population in this Commonwealth has reached the point where a limited hunt will not jeopardize the population and there are more and more elk-human conflicts. The Commission has therefore proposed a 6-day elk season for those issued an elk hunting license.
3. The Commission has generally expanded the late small game hunting season.
4. Turkey Management Area #9-A has been closed to fall turkey hunting.
3. Regulatory Requirements
These proposed seasons and bag limits would establish when and where it is lawful to hunt and trap various game species and place limits on the numbers that can be legally taken.
4. Persons Affected
Persons wishing to hunt and trap in this Commonwealth would be affected by these seasons and bag limits.
5. Cost and Paperwork Requirements
The proposed new seasons and bag limits would not result in any additional cost either to the Commission or to hunters and furtakers.
6. Effective Dates
The effective dates are July 1, 2001, to June 30, 2002.
7. Contact Person
For further information on the proposed changes the contact person is David E. Overcash, Acting Director, Bureau of Law Enforcement, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717) 783-6526.
DAVID E. OVERCASH,
Acting Director
Annex A
TITLE 58. RECREATION
PART III. GAME COMMISSION
CHAPTER 139. SEASONS AND BAG LIMITS (Editor's Note: As part of this proposed rulemaking, the Commission is proposing to delete the existing text of § 139.4, which currently appears at 58 Pa. Code pages 139-3--139-11, serial pages (265977)--(265984) and (267199) and replace it with the following text, which has been printed in regular type to enhance readability.)
§ 139.4. Seasons and bag limits for the license year.
2001-2002 OPEN HUNTING AND FURTAKING SEASONS, DAILY LIMIT, FIELD POSSESSION LIMIT AND SEASON LIMIT OPEN SEASON INCLUDES FIRST AND LAST DATES LISTED
Field Possession Daily Limit After Species First Day Last Day Limit First Day Squirrels--(Combined species) Oct. 6 Oct. 8 6 12 Eligible Junior Hunters only, with or without the required license, when properly accompanied as required by law Squirrels--(Combined species) Oct. 13 Nov. 24 6 12 and Dec. 10 Feb. 28, 2002 Ruffed Grouse--(Statewide) Oct. 13 Nov. 24 2 4 and Dec. 10 Jan. 26, 2002 Ruffed Grouse--There is no open season for taking ruffed grouse in that portion of State Game Lands No. 176 in Centre County which is posted ''RESEARCH AREA--NO GROUSE HUNTING'' Rabbits, Cottontail Oct. 27 Nov. 24 4 8 and Dec. 10 Feb. 28, 2002 Ringneck Pheasant--Male only Oct. 27 Nov. 24 2 4 Ringneck Pheasant--Male or female Oct. 27 Nov. 24 2 4 combined when hunting in designated and hen shooting area Dec. 10 Feb. 28, 2002 Bobwhite Quail--The hunting Oct. 27 Nov. 24 4 8 and taking of bobwhite quail is permitted in all counties except Adams, Chester, Cumberland, Dauphin, Delaware, Franklin, Fulton, Juniata, Lancaster, Lebanon, Perry, Snyder and York where the season is closed. Hares (Snowshoe Rabbits) or Dec. 26 Jan. 1, 2002 1 2 Varying Hares Woodchucks (Groundhog) No closed season except during the Unlimited antlered and antlerless deer season and until 12 noon daily during the spring gobbler turkey season
Daily Season Species First Day Last Day Limit Limit Turkey--Male or Female 1 1 Management Areas #1-A, 1-B, 2 & 7-A Oct. 27 Nov. 10 Management Areas #3, 4, 5, 6 & 8 Oct. 27 Nov. 17 Management Area #7-B Oct. 27 Nov. 3 Management Area #9-A Closed to fall turkey hunting Management Area #9-B Oct. 27 Nov. 3 Turkey (Spring Gobbler) Statewide April 27, 2002 May 25, 2002 1 1 Bearded Bird only
MIGRATORY GAME BIRDS Except as further restricted by this chapter, the seasons, bag limits, hunting hours and hunting regulations for migratory game birds shall conform to regulations adopted by the United States Secretary of the Interior under authority of the Migratory Bird Treaty Act (16 U.S.C.A. §§ 703--711) as published in the Federal Register on or about August 27 and September 28 of each year. Exceptions:
(a) Hunting hours in § 141.4 (relating to hunting hours).
(b) Nontoxic shot as approved by the Director of the United States Fish and Wildlife Service is required for use Statewide in hunting and taking of migratory waterfowl.
(c) Subject to approval by the United States Fish and Wildlife Service, an early and late season for Canada geese will be held as defined in § 141.25.
Field Possession Daily Limit After Species First Day Last Day Limit First Day Crows July 1 Nov. 25 Unlimited (Hunting permitted on Friday, Saturday and and Sunday only) Dec. 28 April 7, 2002 Starlings and English Sparrows No closed season except during the Unlimited antlered and antlerless deer seasons and until 12 noon daily during thespring gobbler turkey season FALCONRY
Squirrels--(Combined species) Sep. 1 Mar. 31, 2002 6 12 Quail Sep. 1 Mar. 31, 2002 4 8 Ruffed Grouse Sep. 1 Mar. 31, 2002 2 4 Cottontail Rabbits Sep. 1 Mar. 31, 2002 4 8 Snowshoe or Varying Hare Sep. 1 Mar. 31, 2002 2 4 Ringneck Pheasant--Male Sep. 1 Mar. 31, 2002 2 4 and Female--(Combined) Migratory Game Birds--Seasons and bag limits shall be in accordance with Federal regulations.
Deer Field Daily Possession Species First Day Last Day Limit Limit DEER Deer, Antlered Sept. 29 Nov. 10 One antlered.1 with 2 or more points to an and antler or a spike 3 or more inches long Dec. 26 Jan. 12 (Archery--Bows and Arrows Only) Deer, Antlerless Sept. 15 Nov. 10 An antlerless deer (Archery--Bows and Arrows Only) and with each required Dec. 10 Jan. 12 antlerless license. Deer, Regular Antlered--(Statewide) Nov. 26 Dec. 8 One antlered. with 2 or more points to an antler or a spike 3 or more inches long Deer, Antlerless--(Statewide) Oct. 18 Oct. 20 An antlerless deer Only Junior and Senior License Holders,2 with each required Disabled Person Permit (to use a vehicle) antlerless license. Holders and Residents serving on active duty in the U.S. Armed Forces, or in the U.S. Coast Guard, with required antlerless license Deer, Regular Antlerless--(Statewide)3 Nov. 24 Dec. 8 An antlerless deer with each required antlerless license. Deer, Antlerless only--(Statewide) Oct. 18 Oct. 20 An antlerless deer (Flintlock Muzzleloading with each required firearms only) antlerless license. Deer, Antlered or Antlerless--(Statewide) Dec. 26 Jan. 12 One antlered1, or (Flintlock Muzzleloading one antlerless-plus firearms only) an additional antlerless deer with each required antlerless license. Deer, Antlerless Hunting is permitted on days An antlerless deer (Letterkenny Army Depot, Franklin established by the United States with each required County and New Cumberland Army Department of the Army. antlerless license. Depot, York County and Fort Detrick, Raven Rock Site, Adams County)
SPECIAL REGULATIONS AREAS SOUTHEASTERN PENNSYLVANIA AND ALLEGHENY COUNTY
Daily Season Species First Day Last Day Limit Limit Deer, Antlered Sept. 29 Nov. 10 One antlered.1 with 2 or more points to an and antler or a spike 3 or more inches long Dec. 26 Jan. 12 (Archery--Bows and Arrows Only) Deer, Antlerless Sept. 15 Nov. 10 An antlerless deer (Archery--Bows and Arrows Only) and with each required Dec. 10 Jan. 12 antlerless license. Deer, Antlered Nov. 26 Dec. 8 One antlered deer.1 with 2 or more points to an antler or a spike 3 or more inches long Deer, Antlerless Nov. 24 Jan. 12 An antlerless deer with each required antlerless license.
BEAR
Daily Season Species First Day Last Day Limit Limit Bear, any age Nov. 19 Nov. 21 1 1
ELK
Daily Season Species First Day Last Day Limit Limit Elk, Antlered Nov. 12 Nov. 174 1 1 Elk, Antlerless Nov. 12 Nov. 174 1 1
FURTAKING--TRAPPING
Daily Season Species First Day Last Day Limit Limit Minks and Muskrats--(Statewide) Nov. 18 Jan. 13, 2002 Unlimited Beaver--(Statewide) Dec. 26 Mar. 31, 2002 Zones 1 & 2 20 20 (except McKean, Potter and Tioga Counties) Zone 2 20 40 McKean, Potter and Tioga Counties Zone 3 20 40 Zones 4 & 5 10 10 Zone 6 6 6 Coyotes, Foxes, Opossums, Raccoons, Oct. 14 Feb. 23, 2002 Unlimited Skunks, Weasels--(Statewide) Bobcat (Zones 2 & 3) Oct. 14 Feb. 23, 2002 1 15
FURTAKING--HUNTING
Daily Season Species First Day Last Day Limit Limit Coyotes--(Statewide) No closed season. Coyotes may Unlimited be taken during the regular antlered and antlerless deer seasons or extensions only by hunters who have a valid deer tag or during the spring gobbler turkey season by hunters who have a valid spring turkey tag and meet fluorescent orange and shot size requirements. Opossums, Skunks, Weasels-- No closed season. These species may (Statewide) not be hunted prior to 12 noon during the spring gobbler turkey season. Raccoons and Foxes--(Statewide) Oct. 13 Feb. 23, 2002 Unlimited Bobcat (Zones 2 & 3) Oct. 13 Feb. 23, 2002 1 15 No open seasons on other wild birds or wild mammals.
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1 Only one antlered deer (buck) may be taken during the hunting license year.
2 Includes persons who have reached or will reach their 65th birthday in the year of the application for the license and hold a valid adult license or qualify for license and fee exemptions under section 2706 of the act (relating to resident license and fee exemptions).
3 The Executive Director is hereby authorized to extend, by order, in accordance with § 139.3, this season by 1 day either Statewide or on a designated area basis when it appears, after polling the Commissioners and regional offices, that there has been an underharvest of antlerless deer. Public notice of the extension shall be given by extensive publication.
4 The Executive Director is hereby authorized to extend, by order, in accordance with § 139.3, this season by 5 days from December 26, 2001, to December 31, 2001, (excluding Sunday), if the harvest quota is not met during the first season. If the quota is not met during the first extension, a second 5 day extension from January 2, 2002, to January 7, 2002, (excluding Sunday) may be ordered.
5 Bobcat may only be taken by furtakers in possession of a Bobcat Hunting--Trapping Permit.
[Pa.B. Doc. No. 01-445. Filed for public inspection March 16, 2001, 9:00 a.m.]
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