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PA Bulletin, Doc. No. 03-1030

PROPOSED RULEMAKING

[58 PA. CODE CH. 141]

Hunting and Trapping; Deer

[33 Pa.B. 2590]

   To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its April 8, 2003, meeting, proposed the following amendment:

   Amend § 141.43(g) (relating to deer) to permit the cooperation of hunters who are properly licensed to hunt during a particular deer season.

   The proposed rulemaking will have no 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 April 8, 2003, meeting of the Commission and comments can be sent until June 20, 2003, to the Director, Information and Education, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797.

1.  Introduction

   The Commission is proposing to amend § 141.43(g) to permit the cooperation of any hunters who are properly licensed to hunt during a particular deer season.

2.  Purpose and Authority

   Currently, hunters are required to have a doe license from the county in which they are hunting to drive deer for other hunters who are hunting doe in that county. In light of the recently adopted larger deer management units, this provision is no longer practical. Current regulations permit properly licensed hunters to cooperate and drive deer for each other when deer seasons run concurrently. For example, an archery hunter is permitted to drive deer for a rifle hunter or muzzleloader hunter and vice versa during the concurrent October seasons. However, the same archery hunter, who does not have an antlerless license, may not drive deer for a rifle or muzzleloader hunter who may only hunt doe in that early season. The concurrent buck/doe seasons only add to this type of confusion over cooperation between archery, muzzleloader and rifle hunters.

   The proposed amendment to § 141.43(g) will permit any hunter, who is properly licensed to hunt in a specific deer season, to cooperate with other hunters who are also properly licensed to hunt in a specific deer season. For example, archery hunters, muzzleloader hunters and those entitled to use rifles during the October season will be permitted to drive deer for other hunters even if the archery hunters among them do not have a doe license. It will also allow any hunter who is properly licensed to hunt during the concurrent deer season to drive deer for another hunter who is also properly licensed to hunt during the concurrent deer season, even if either has only an antlerless tag from a different deer management unit and one or both hunters has already harvested a buck.

   Section 2102(a) of the code (relating to regulations) provides: ''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 amendment to § 141.43(g) is proposed under this provision.

3.  Regulatory Requirements

   The proposed rulemaking will permit the cooperation of hunters who are properly licensed to hunt during a particular deer season.

4.  Persons Affected

   Persons wishing to hunt deer cooperatively during open seasons will be affected by the proposed rulemaking.

5.  Cost and Paperwork Requirements

   The proposed rulemaking should not result in additional cost or paperwork.

6.  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.

7.  Contact Person

   For further information regarding the proposed rulemaking, contact Michael A. Dubaich, Director, Bureau of Law Enforcement, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717) 783-6526.

VERNON R. ROSS,   
Executive Director

   Fiscal Note:  48-163. No fiscal impact; (8) recommends adoption.

Annex A

TITLE 58.  RECREATION

PART III.  GAME COMMISSION

CHAPTER 141.  HUNTING AND TRAPPING

Subchapter C.  BIG GAME

§ 141.43.  Deer.

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   (g)  [Archery, special firearms, flintlock muzzleloader and muzzleloader seasons] Cooperating while hunting during any deer season. [When archery, special firearms, flintlock muzzleloader or muzzleloader seasons run concurrently, holders] Holders of any of the appropriate licenses or stamps may cooperate while hunting antlered or antlerless deer if pertinent provisions of this section and the act are met.

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[Pa.B. Doc. No. 03-1030. Filed for public inspection May 30, 2003, 9:00 a.m.]


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