PROPOSED RULEMAKING

GAME COMMISSION

[58 PA. CODE CHS. 139 AND 143]

Seasons and Bag Limits Table; Antlerless Deer Licenses; and Bear Licenses

[27 Pa.B. 928]

   To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its January 14, 1997, meeting, proposed the following amendments:

   Amend § 139.4 (relating to seasons and bag limits for the license year) to provide dates for the 1997-1998 hunting license year.

   Amend § 143.48 (relating to first-come-first-served license issuance) to clarify conditions for the initial acceptance of antlerless deer license applications.

   Amend § 143.51 (relating to application and issuance of bonus tags) concerning issuance of bonus antlerless deer licenses to muzzleloader hunters.

   Amend Chapter 143, Subchapter D (relating to bear licenses), by adding §§ 143.66--143.70 concerning the application, issuance and display of bear licenses.

   These amendments will have no adverse impact on the wildlife resources of this Commonwealth.

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

   These proposals were made public at the January 14, 1997, meeting of the Commission and comments on these proposals can be sent to the Executive Director of the Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797 until April 4, 1997.

Proposed amendment to § 139.4

1.  Introduction

   To effectively manage the wildlife resources of this Commonwealth, the Commission, at its January 14, 1997, meeting proposed changing § 139.4 to provide for seasons and bag limits for the 1997-1998 license year. These seasons and bag limits were proposed under sections 322(c)(1) and 2102(b)(1) of the code (relating to power and duties of Commission; and regulations). Notable changes for the 1997-1998 year are the allowing of the taking of a coyote during the spring gobbler season and the establishment of no closed season on chipmunks, red squirrels and porcupines.

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. Populations of red squirrels, chipmunks, porcupines and coyotes are sufficiently abundant and those species have generated nuisance complaints so that the Commission is eliminating or relaxing restrictions on their taking.

3.  Regulatory Requirements

   These proposed seasons and bag limits 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 additional cost either to the Commission or to hunters and furtakers.

6.  Effective Dates

   The effective dates are July 1, 1997 to June 30, 1998.

Proposed amendments to Chapter 143, Subchapter C (relating to antlerless deer licenses)

1.  Introduction

   To clarify procedures and more fairly provide antlerless deer hunting opportunities, the Commission at its January 14, 1997, meeting proposed changes to Subchapter C to clarify procedures for issuing antlerless deer licenses and to give muzzleloader license holders additional opportunity to obtain bonus antlerless licenses. These changes are being adopted under the authority contained in section 2722(g) of the code (relating to authorized license-issuing agents).

2.  Purpose and Authority

   Section 143.48 generally refers to § 143.45 (relating to completing and submitting applications) in establishing procedures for the issuance of antlerless licenses. County treasurers have complained that this general reference has created some confusion. The proposed change to § 143.48 would refer to specific subsections of § 143.45.

   The proposed change to § 143.51 would provide holders of muzzleloader licenses three additional days to apply for bonus antlerless licenses before those licenses are made available to the general public. Muzzleloader license holders are required to give up their regular antlerless license application to get the muzzleloader license. The proposed change helps to compensate for this sacrifice by providing more opportunity for bonus tags.

   Section 2722(g) of the code authorizes the Commission to adopt regulations controlling license issuance. Both of the changes are being proposed under this authority.

3.  Regulatory Requirements

   The proposed change to § 143.48 would merely clarify current requirements. The proposed change to § 143.51 would relax restrictions on muzzleloader hunters seeking bonus antlerless deer licenses.

4.  Persons Affected

   County treasurers and their employes and those seeking bonus antlerless deer licenses would be affected by these changes.

5.  Cost and Paperwork Requirements

   The proposed changes would not result in any additional cost and paperwork.

6.  Effective Date

   These changes would be effective on publication of final adoption in the Pennsylvania Bulletin and would remain in effect until changed by the Commission.

Proposed amendment to Chapter 143, Subchapter D

1.  Introduction

   To more efficiently issue bear licenses, the Commission at its January 14, 1997, meeting proposed the addition of §§ 143.66--143.70 to Subchapter D, which would allow the issuance of bear licenses by authorized license issuing agents and dispense with the requirement to display the bear license while hunting. These changes are proposed under the authority contained in sections 2102 and 2722(g) of the code.

2.  Purpose and Authority

   Bear license applications are currently processed, and bear licenses are currently issued, directly by the Commission. When there was a limit on the number of these licenses available, that procedure was necessary. Now that there are no limitations on the number of bear licenses, it would be more efficient and convenient to the license purchaser to have authorized license issuing agents perform that function. In addition, given the limited nature of the bear hunting season, it was decided that it would be more convenient to dispense with requiring display of the license.

   Section 2102 of the code authorizes the Commission to ''. . . promulgate such regulations as it deems necessary and appropriate concerning . . . hunting or furtaking in this Commonwealth, . . .'' Section 2722(g) of the code authorizes the Commission to adopt regulations relating to administration and control of license issuance activities.

3.  Regulatory Requirements

   The proposed changes would allow authorized license issuing agents to issue bear licenses and require that the bear license be signed and carried but not displayed.

4.  Persons Affected

   Authorized license issuing agents would have additional workload but would also receive additional fees. It is anticipated that the proposed system would be more convenient for most bear license purchasers.

5.  Cost and Paperwork Requirements

   Authorized license issuing agents might have some additional cost and paperwork which would be offset by additional fees. The burden on the Commission would be lightened.

6.  Effective Date

   This change would be effective on publication of final adoption in the Pennsylvania Bulletin and would remain in effect until changed by the Commission

Contact Person

   For further information on the proposed changes or to comment, the contact person is James R. Fagan, Director, Bureau of Law Enforcement, (717) 783-6526, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797.

DONALD C. MADL,   
Executive Director

   Fiscal Note: 48-96. No fiscal impact; (8) recommends adoption.

Annex A

TITLE 58.  RECREATION

PART III.  GAME COMMISSION

CHAPTER 139.  SEASONS AND BAG LIMITS

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

   (Editor's Note: The Commission is proposing to delete the current version of the seasons and bag limits as it appears in the Pennsylvania Code, pp. 139-3--139-9 (serial pages (219543)--(219549)) and replace it with the following version).

1997-1998 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--Gray, Black and Fox (Combined)--Junior hunting license holders only when properly accompanied as required by law	Oct. 11		Oct. 13	6	12
Squirrels--Gray, Black and Fox (Combined)	Oct. 18   Dec. 26	and	Nov. 29   Jan. 24, 1998	6	12
Ruffed Grouse--Statewide	Oct. 18   Dec. 26	and	Nov. 29   Jan. 24, 1998	2	4
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	Nov. 1   Dec. 26	and	Nov. 29   Feb. 7, 1998	4	8
Ringneck Pheasant--Male only	Nov. 1		Nov. 29	2	4
Ringneck Pheasant--Male or female combined when hunting in designated hen shooting area only	Nov. 1   Dec. 26	and	Nov. 29   Jan. 24, 1998	2	4
Pheasant--Male only in that portion of Mercer County west of Interstate 79 and north of Interstate 80	Nov. 1		Nov. 29	2	4
Pheasant--There is no open season for the taking of pheasants in those areas designated and defined as PHEASANT RESTORATION AREAS A, B, C, D, E and F
Bobwhite Quail--The hunting 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.	Nov. 1		Nov. 29	4	8
Hares (Snowshoe Rabbits) or Varying Hares	Dec. 26		Jan. 1, 1998	2	4
Woodchucks (Groundhog), Chipmunks, Red squirrels, and Porcupine	No closed season except during the antlered and antlerless deer season and until 12 noon daily during the spring gobbler turkey season			Unlimited

				Daily	Season
Species	First Day		Last Day	Limit	Limit
Turkey--Male or Female
Management Areas #1-A, 1-B & 7-B	Nov. 1		Nov. 8	1	1
Management Areas #2, 3, 4, 5, 6, 7-A & 8	Nov. 1		Nov. 15	1	1
Management Area #9-A	Closed to fall turkey hunting
Management Area #9-B	Nov. 3		Nov. 8	1	1
Turkey (Spring Gobbler) Statewide Bearded Bird only	May 2, 1998		May 30, 1998	1	1

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 et seq.) 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 (Hunting permitted on Friday, Saturday and Sunday only)	July 4   Dec. 26	and	Nov. 30   Mar. 29, 1998	Unlimited
Starlings and English Sparrows	No closed season except during the antlered and antlerless deer seasons and until 12 noon daily during the spring gobbler turkey season			Unlimited

FALCONRY

Squirrels--Gray, Black and Fox (Combined)	Sep. 1		Mar. 28, 1998	6	12
Quail	Sep. 1		Mar. 28, 1998	4	8
Ruffed Grouse	Sep. 1		Mar. 28, 1998	2	4
Cottontail Rabbits	Sep. 1		Mar. 28, 1998	4	8
Snowshoe or Varying Hare	Sep. 1		Mar. 28, 1998	2	4
Ringneck Pheasant--Male and Female (Combined)	Sep. 1		Mar. 28, 1998	2	4

Migratory Game Birds--Seasons and bag limits shall be in accordance with Federal regulations.

				Daily	Season
Species	First Day		Last Day	Limit	Limit
DEER
Deer (Archery), Antlered or Antlerless with the appropriate license	Oct. 4       Dec. 26	and	Nov. 15       Jan. 10, 1998	1 Per Day	One antlered.** Three antlerless deer with required antlerless deer licenses
Deer (Buck), Statewide, Antlered with 2 or more points to an antler or a spike 3 or more inches long	Dec. 1		Dec. 13	1 Per Day	One antlered.**
Deer (Doe) Antlerless (Statewide)	Dec. 15		Dec. 17	1 Per Day
Deer (Doe) Antlerless (Presque Isle State Park, Erie County)	Dec. 11		Dec. 13	One antlered deer.** One antlerless deer with each required deer license.
Deer (Muzzleloading Firearms), (Flintlock only) Antlered or Antlerless	Dec. 26		Jan. 10, 1998	1 Per Day
Deer (Doe) Antlerless Only on those lands designed by the Executive Director as ''Deer Damage Areas'' and posted with approved signs	Dec. 1		Dec. 13	One antlerless deer with each required antlerless license.
Deer (Letterkenny Army Depot, Franklin County and New Cumberland Army Depot, York County and Fort Ritchie, Raven Rock Site, Adams County) Antlerless	Hunting is permitted on days established by the United States Department of the Army			One antlerless deer with each required antlerless license.

SPECIAL REGULATIONS AREAS
SOUTHEASTERN PENNSYLVANIA AND ALLEGHENY COUNTY

Deer (Buck), Antlered	Dec. 1		Dec. 13	One antlered deer.**
Deer (Doe), Antlerless	Dec. 1   Dec. 26	and	Dec. 17   Jan. 10, 1998	One antlerless deer with each required antlerless deer license.
BEAR
Bear, any age	Nov. 24		Nov. 26	1	1
FURTAKING--TRAPPING
Minks and Muskrats--Statewide	Nov. 22		Jan. 11, 1998	Unlimited
Beaver--Statewide	Dec. 18		Jan. 25, 1998
Zones 1, 2 & 3 (except Bradford, Susquehanna and Wayne Counties)				10	20
Bradford, Susquehanna and Wayne Counties				10	40
Zone 4 & 5				10	10
Zone 6				6	6
Coyotes, Foxes, Opossums, Raccoons, Skunks, Weasels--Statewide	Oct. 8		Feb. 14, 1998	Unlimited
FURTAKING--HUNTING
Coyotes--Statewide	No closed season. Coyotes may 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.			Unlimited
Opossums, Skunks, Weasels--Statewide	No closed season. These species may not be hunted prior to 12 noon during the spring gobbler turkey season.
Raccoons and Foxes--Statewide	Oct. 8		Feb. 14, 1998	Unlimited

No open seasons on other wild birds or wild mammals.

**Only one antlered deer (buck) may be taken during all seasons of the hunting license year.

CHAPTER 143.  HUNTING AND FURTAKER LICENSES

Subchapter C.  ANTLERLESS DEER LICENSES

§ 143.48.  First-come-first-served license issuance.

   (a)  Except when conducting a public drawing as set forth in § 143.46 (relating to public drawing), a county treasurer shall accept envelopes containing applications on a first-come-first-served basis. Envelopes shall be inspected, unopened, to determine if they comply with § 143.45(a), (b), (d) and (f) (relating to completing and submitting applications).

   (b)  If the conditions in § 143.45(a), (b), (d) and (f) are met, it constitutes initial acceptance, and the appropriate number of licenses shall be assigned. If the conditions are not met, the enclosed applications shall be rejected and returned to the sender as soon as possible, and no license will be assigned.

*      *      *      *      *

§ 143.51.  Application and issuance of bonus tags.

*      *      *      *      *

   (b)  County treasurers shall accept and process bonus applications from applicants in possession of a current muzzleloader license (stamp) beginning the [Thursday immediately preceding the fourth Monday in August] third Monday in August. Bonus applications accepted by county treasurers on the [Thursday and Friday preceding the fourth Monday in August] third Monday in August shall have the applicant's muzzleloader license number written in the upper corners of the bonus application. The applicant shall write or indicate ''Muzzleloader'' in the lower left corner of the official envelope.

*      *      *      *      *

Subchapter D.  [(Reserved)] BEAR LICENSES

Sec.

143.61.	(Reserved).
143.62.	(Reserved).
143.63.	(Reserved).
143.64.	(Reserved).
143.65.	(Reserved).
143.66.	Purpose and scope.
143.67.	Application.
143.68.	Carrying the license.
143.69.	Unlawful acts.
143.70.	Penalties.

§ 143.66.  Purpose and scope.

   This subchapter establishes methods for the application and issuance of bear licenses and provides for the carrying of a bear license.

§ 143.67.  Application.

   (a)  Applications for bear licenses shall be submitted to authorized issuing agents and licenses issued by them under the act and this subchapter.

   (b)  Applications for bear licenses may be made when purchasing a regular hunting license, or any time thereafter, upon presentation of the regular hunting license.

§ 143.68.  Carrying the license.

   The bear license shall be signed by the owner in the space provided and shall be carried on the person at all times when the owner is hunting for bear. The bear license does not need to be displayed but shall be produced for inspection upon demand of any officer authorized to enforce this title.

§ 143.69.  Unlawful acts.

   The following acts are unlawful:

   (1)  Issuance of a bear license without proof of applicant purchasing a regular hunting license.

   (2)  Hunting bear without carrying a valid bear license on the person.

   (3)  Lending a bear license to another.

   (4)  Failing to produce bear license upon demand of an officer.

§ 143.70.  Penalties.

   A person who violates this subchapter shall, upon conviction, be sentenced to pay the penalties provided for in the act.

[Pa.B. Doc. No. 97-254. Filed for public inspection February 21, 1997, 9:00 a.m.]

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