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PA Bulletin, Doc. No. 11-519

PROPOSED RULEMAKINGS

[ 58 PA. CODE CH. 139 ]

Seasons and Bag Limits

[41 Pa.B. 1634]
[Saturday, March 26, 2011]

 To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) proposed at its February 1, 2011, meeting, to amend § 139.4 (relating to seasons and bag limits for the license year) to provide updated seasons and bag limits for the 2011-2012 hunting license year.

 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 February 1, 2011, meeting of the Commission. Comments can be sent until April 4, 2011, to the Director, Information and Education, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797.

1. Purpose and Authority

 The Commission is required to set hunting and furtaking seasons and bag limits on an annual basis. Although the 2011-2012 seasons and daily season and possession limits are similar to those set forth in 2010-2011, the 2011-2012 seasons and bag limits have been amended to reflect current available scientific data, population and harvest records, field surveys and professional staff observations, as well as recommendations received from staff, organized sporting groups, members of the agricultural community and others interested in the wildlife resources of this Commonwealth.

 Section 322(c)(1) of the code (relating to powers and duties of commission) specifically empowers the Commission to ''fix seasons, daily shooting or taking hours, and any modification thereof, and daily, season and possession limits for any species of game or wildlife.'' Section 2102(b)(1) of the code (relating to regulations) authorizes the Commission to ''promulgate regulations relating to seasons and bag limits for hunting or furtaking, the possession of certain species or parts thereof, the number and types of devices and equipment allowed, the identification of devices and the use and possession of devices.'' The amendments to § 139.4 are proposed under this authority.

2. Regulatory Requirements

 The proposed rulemaking will amend § 139.4 by establishing when and where it is lawful to hunt and trap various game species and also place limits on the numbers that can be legally taken during the 2011-2012 license year.

3. Persons Affected

 Persons wishing to hunt or trap game or wildlife in this Commonwealth during the 2011-2012 license year 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 effective dates of the proposed rulemaking are July 1, 2011, to June 30, 2012.

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 Director

Fiscal Note: 48-321. No fiscal impact; (8) recommends adoption.

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 text in § 139.4 which appears in 58 Pa. Code pages 139-3—139-14.2, serial pages (349851)—(349862), (352933) and (352934) and replace it with the following text.)

§ 139.4. Seasons and bag limits for the license year.

(SEASONS AND BAG LIMITS TABLE)

2011-2012 OPEN HUNTING AND FURTAKING SEASONS, DAILY LIMIT, FIELD POSSESSION LIMIT AND SEASON LIMIT OPEN SEASON INCLUDES FIRST AND LAST DATES LISTED

SpeciesFirst DayLast DayDaily
Limit
Field
Possession
Limit After
First Day
Squirrels—(Combined species)Oct. 8Oct. 14612
Eligible Junior Hunters only,
with or without the required
license, when properly
accompanied as required by law
Squirrels—(Combined species) Oct. 15Nov. 26 6 12
and
Dec. 12Dec. 23
and
Dec. 26Feb. 4, 2012
Ruffed Grouse Oct. 15 Nov. 26 2 4
and
Dec. 12Dec. 23
and
Dec. 26 Jan. 28, 2012
Rabbits, Cottontail Oct. 8Oct. 15 4 8
Eligible Junior Hunters only,
with or without the required
license, when properly
accompanied as required by law
Rabbits, Cottontail Oct. 22Nov. 26 4 8
and
Dec. 12 Dec. 23
and
Dec. 26 Feb. 25, 2012
Ring-necked Pheasant—There is no
open season for the taking of
pheasants in any area designated as
a wild pheasant recovery area within
any wildlife management unit.
Ring-necked Pheasant—Male only in Oct. 8Oct. 15 24
WMUs 2A, 2B, 2C, 4C, 4E, 5A & 5B
Eligible Junior Hunters only,
with or without the required
license, when properly
accompanied as required by law
Ring-necked Pheasant—Male or female Oct. 8Oct. 15 2 4
combined in WMUs 1A, 1B, 2D, 2E, 2F,
2G, 3A, 3B, 3C, 3D, 4A, 4B, 4D, 5C & 5D
Eligible Junior Hunters only,
with or without the required
license, when properly
accompanied as required by law
Ring-necked Pheasant—Male only Oct. 22Nov. 26 2 4
in WMUs 2A, 2B, 2C, 4C, 4E, 5A & 5B
Ring-necked Pheasant—Male or female Oct. 22Nov. 26 2 4
combined in WMUs 1A, 1B, 2D, 2E, 2F, 2G, and
3A, 3B, 3C, 3D, 4A, 4B, 4D, 5C & 5DDec. 12Dec. 23
and
Dec. 26Feb. 4, 2012
Bobwhite Quail—The hunting Oct. 22Nov. 26 48
and taking of bobwhite quail is
permitted in all WMUs except in
WMUs 4A, 4B, 5A, 5B, 5C & 5D
where the season is closed.
Hares (Snowshoe Rabbits) or Dec. 26Dec. 31 1 2
Varying Hares
Woodchucks (Groundhog) No closed season except during the Unlimited
regular firearms deer seasons.
Porcupines No closed season except during the Unlimited
regular firearms deer seasons.
Turkey—Male or Female11
 WMUs 1A, 1B & 2A Oct. 29Nov. 12
 (Shotgun, Bow & Arrow only)and
Nov. 24 Nov. 26
 WMU 2B Oct. 29 Nov. 18
 (Shotgun, Bow & Arrow only) and
Nov. 24 Nov. 26
 WMUs Oct. 29 Nov. 12
 2C, 2D, 2E, 4A, 4B & 4D and
Nov. 24 Nov. 26
 WMUs Oct. 29 Nov. 18
 2F, 2G, 3A, 3B, 3C, 3D, 4C & 4E and
Nov. 24 Nov. 26
 WMUs 5A Nov. 1 Nov. 3
 WMUs 5B, 5C & 5D Closed to fall turkey hunting
Turkey (Spring Gobbler) Statewide1 1 2
Bearded Bird only
Apr. 28, 2012 May 12, 2012 May be hunted 1/2 hour before
 sunrise to 12 noon
and
May 14, 2012 May 31, 2012 May be hunted 1/2 hour before
sunrise to 1/2 hour after sunset
Turkey (Spring Gobbler) Statewide
Youth Hunt1
April 21, 2012 April 21, 2012 1 1
Bearded Bird only
Eligible junior hunters only
with the required license and
when properly accompanied
as required by law

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.

SpeciesFirst DayLast DayDaily
Limit
Field
Possession
Limit After
First Day
Crows July 1 April 8, 2012 Unlimited
(Hunting permitted on Friday, Saturday
and Sunday only)
Starlings and English Sparrows No closed season except during the Unlimited
regular firearms deer seasons.

FALCONRY

SpeciesFirst DayLast DayDaily
Limit
Field
Possession
Limit After
First Day
Squirrels—(Combined species) Sept. 1 Mar. 31, 2012 6 12
Quail Sept. 1 Mar. 31, 2012 48
Ruffed Grouse Sept. 1 Mar. 31, 2012 2 4
Cottontail Rabbits Sept. 1 Mar. 31, 2012 4 8
Snowshoe or Varying Hare Sept. 1 Mar. 31, 2012 1 2
Ring-necked Pheasant—Male Sept. 1 Mar. 31, 2012 2 4
and Female—(Combined)
Migratory Game Birds—Seasons and bag limits shall be in accordance with Federal regulations.

WHITE-TAILED DEER

SpeciesFirst DayLast DaySeason
Limit
Deer, Archery (Antlered & Antlerless)2 Oct. 1 Nov. 12 One antlered and
(Statewide) andan antlerless deer
Dec. 26 Jan. 16, 2012 with each required
antlerless license.
Deer, Archery (Antlerless only) Sep. 17 Sep. 30 An antlerless deer
WMUs 2B, 5C & 5D and with each required
Nov. 14 Nov. 26 antlerless license.
Deer, Archery (Antlered & Antlerless)2 Oct. 1 Nov. 12 One antlered and
WMUs 2B, 5C & 5D andan antlerless deer
Dec. 26 Jan. 28, 2012 with each required
antlerless license.
Deer, Regular firearms Nov. 28 Dec. 10 One antlered, and
(Antlered & Antlerless)2 an antlerless deer
WMUs 1A, 1B, 2B, 3A,with each required
3D, 4A, 4C, 5A, 5B, 5C & 5Dantlerless license.
Deer, Regular firearms (Antlered only)2 Nov. 28 Dec. 2 One antlered deer.
WMUs 2A, 2C, 2D, 2E,
2F, 2G, 3B, 3C, 4B, 4D & 4E
Deer, Regular firearms Dec. 3 Dec. 10 One antlered, and
(Antlered & Antlerless)2an antlerless deer
WMUs 2A, 2C, 2D, 2E,with each required
2F, 2G, 3B, 3C, 4B, 4D & 4Eantlerless license.
Deer, Special firearms (Antlerless only) Oct. 20 Oct. 22 An antlerless deer
(Statewide) with each required
Only Junior and Senior License Holders,3 antlerless license.
Commission Disabled Person Permit Holders
(to use a vehicle as a blind), and Residents
serving on active duty in the U.S. Armed Forces,
or in the U.S. Coast Guard, with required
antlerless license
Deer, Muzzleloading (Antlerless only) Oct. 15 Oct. 22 An antlerless deer
(Statewide) with each required
antlerless license.
Deer, Flintlock (Antlered or Antlerless)1 Dec. 26 Jan. 16, 2012 One antlered, or
(Statewide)    one antlerless-plus
an additional antler-
less deer with each
required antlerless
license.
Deer, Flintlock (Antlered or Antlerless)2 Dec. 26 Jan. 28, 2012 An antlerless deer
WMUs 2B, 5C & 5D with each required
antlerless license.
Deer, Extended Regular firearms (Antlerless) Dec. 26 Jan. 28, 2012 An antlerless deer
WMUs 2B, 5C & 5D 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)

BLACK BEAR

SpeciesFirst DayLast DayDaily
Limit
Season
Limit
Bear, any age (Archery only)4 Nov. 14 Nov. 18 1 1
(Statewide)
Bear, any age (Statewide)4 Nov. 19 Nov. 23 1 1
Bear, any age4 Nov. 28 Dec. 3 1 1
WMUs 3A, 3C and
Portions of WMU 3B, East of Rt. 14 from Troy to Canton, East of Rt. 154 from Canton to Rt. 220 at Laporte and East of Rt. 42 from Laporte to Rt. 118 and that portion of 4E, East of Rt. 42.
Portions of WMUs 2G in Lycoming and Clinton counties and 3B in Lycoming County that lie North of the West Branch of the Susquehanna River from the Rt. 405 Bridge, West to Rt. 15 at Williamsport, Rt. 15 to Rt. 220, and North of Rt. 220 to the Mill Hall exit, North of SR 2015 to Rt. 150; East of Rt. 150 to Lusk Run Rd. and South of Lusk Run Rd. to Rt. 120, Rt. 120 to Veterans Street Bridge to SR 1001; East of SR 1001 to Croak Hollow Rd., South of Croak Hollow Rd. to Rt. 664 (at Swissdale), South of Rt. 664 to Little Plum Rd. (the intersection of SR 1003), South of SR 1003 to SR 1006, South of SR 1006 to Sulphur Run Rd., South of Sulphur Run Rd. to Rt. 44, East of Rt. 44 to Rt. 973, South of Rt. 973 to Rt. 87, West of Rt. 87 to Rt. 864, South of Rt. 864 to Rt. 220 and West of Rt. 220 to Rt. 405 and West of Rt. 405 to the West Branch of the Susquehanna River.
Bear, any age4 Nov. 30 Dec. 3 1 1
WMUs 3D, 4C, 4D, 4E, 5B & 5C

ELK

SpeciesFirst DayLast DayDaily
Limit
Season
Limit
Elk, Regular (Antlered & Antlerless)5 Oct. 31 Nov. 5 1 One e1k with
required license
Elk, Special Conservation5 Sep. 1 Nov. 5 1 One e1k with
(Antlered & Antlerless) required license
Elk, Extended (Antlered & Antlerless)5 Nov. 7 Nov. 12 1 One e1k with
required license

FURTAKING—TRAPPING

SpeciesFirst DayLast DayDaily
Limit
Season
Limit
Minks and Muskrats Nov. 19 Jan. 8, 2012 Unlimited
(Statewide)
Beaver Dec. 26 Mar. 31, 2012
(Statewide)
WMUs
1A, 1B, 3A & 3C (Combined) 20 40
WMUs
2A, 2B, 2D, 2E, 2F, 3B & 3D (Combined) 20 20
WMUs
2C, 2G, 4A, 4B, 4C, 4D,
4E, 5A, 5B, 5C & 5D (Combined) 5 5
Coyotes, Foxes, Opossums, Raccoons, Oct. 23 Feb. 19, 2012 Unlimited
Skunks, Weasels—(Statewide)
Coyotes & Foxes—(Statewide) Dec. 26 Feb. 19, 2012 Unlimited
(Cable restraint devices may be used)
Bobcat (with appropriate permit) Dec. 17 Jan. 8, 2012 1 1
WMUs
2A, 2C, 2E, 2F, 2G, 3A, 3B, 3C, 3D,
4A, 4D & 4E
Fisher (with appropriate permit) Dec. 17 Dec. 22 1 1
WMUs
2C, 2D, 2E & 2F

FURTAKING—HUNTING

SpeciesFirst DayLast DayDaily
Limit
Season
Limit
Coyotes—(Statewide) Outside of any big game season may be Unlimited
taken with a hunting license or a furtaker's
license and without wearing orange.
Coyotes—(During any big game season) May be taken while lawfully hunting big game
or with a furtaker's license.
Opossums, Skunks, Weasels No closed season.
(Statewide)
Raccoons and Foxes—(Statewide) Oct. 22 Feb. 18, 2012 Unlimited
Bobcat (with appropriate permit)
WMUs Dec. 17 Jan. 7, 2012 1 1
2A, 2C, 2E, 2F, 2G, 3A, 3B, 3C, 3D,
4A, 4D & 4E

 No open seasons on other wild birds or wild mammals.

1 Only persons who possess a special wild turkey license as provided for in section 2709 of the act (relating to license costs and fees) may take a second spring gobbler during the hunting license year; all other persons, including mentored youth hunters, may take only one spring gobbler. A maximum of 2 gobblers per license year may be taken by any combination of licenses or exceptions for mentored youth.

2 Only one antlered deer (buck) may be taken during the hunting license year.

3 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).

4 Only one bear may be taken during the hunting license year.

5 Only one elk may be taken during the hunting license year.

[Pa.B. Doc. No. 11-519. Filed for public inspection March 25, 2011, 9:00 a.m.]



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