PROPOSED RULEMAKING
GAME COMMISSION
[58 PA. CODE CHS. 139 AND 141]
Seasons and Bag Limits; Hunting and Trapping
[28 Pa.B. 3804] To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) at its July 14, 1998, meeting, proposed amendments to read as set forth in Annex A.
Amend § 139.4 (relating to seasons and bag limits for the license year) by removing the pound sign (#), footnote and language that is applicable to the Spring Turkey hunting season and bag limit. This change will keep the season limit for turkey during the Spring Gobbler Season of May 1, 1999 to May 29, 1999 as 1.
Amend § 141.43 (relating to deer) to require archers to wear or display fluorescent orange-colored material only during the time when the dates of the fall turkey hunting season and the fall archery season run concurrent.
These proposed amendments will have no adverse impact on the wildlife resources of this Commonwealth.
The authority for this proposal is 34 Pa.C.S. (relating to Game and Wildlife Code) (code).
These proposals were made public at the July 14, 1998, meeting of the Commission, and comments on these proposals may be sent to the Executive Director of the Pennsylvania Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, until September 30, 1998.
Proposed Amendment of § 139.4
1. Introduction
When it adopted the hunting and furtaking seasons and bag limits for 1998--1999 at its April 21, 1998, meeting, the Commission included some language providing for a two bird limit during the spring turkey season contingent upon Legislative approval of a spring turkey license or stamp. This adoption has caused great confusion and opposition. As a result, the Commission at its July 14, 1998, meeting, proposed removing the contingency language. This change is proposed under sections 322(c)(1) and 2102(b)(1) of the code (relating to powers and duties of the Commission; and regulations).
2. Purposes and Authority
The contingency provision contained in the spring turkey season bag limit created a great deal of confusion and opposition. It links two issues which, on hindsight, should not be linked, namely, a spring turkey license or stamp and the taking of two turkeys in the spring. Removal of the contingent language will remove this link. The Commission will continue to pursue both issues separately.
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.
3. Regulatory Requirements
The proposed change would limit the spring season turkey bag limit to one turkey with no contingency.
4. Persons Affected
Hunters wishing to hunt turkeys in the Spring 1999 season would be affected by the change.
Proposed Amendment to § 141.43
5. Effective Dates
The effective dates are July 1, 1998 to June 30, 1999.
1. Introduction
In order to better provide for the safety of hunters in the field while minimizing impact on hunting effectiveness, the Commission at its July 14, 1998, meeting proposed changing § 141.43 to require archery deer hunters to wear fluorescent orange-colored material during the period their season overlaps the fall turkey season rather than the general small game season. This change is proposed under the authority contained in section 2102(a) of the code.
2. Purpose and Authority
At its April 21, 1998, meeting, the Commission extended the general small game season to coincide with the start of the early small game season. Since § 141.43 currently requires archery deer hunters to wear fluorescent orange during the period that their season overlaps the general small game season, this meant an increase in the fluorescent orange requirement and some reduced effectiveness. The proposed changes will reduce the requirement accordingly.
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 and the health and safety of persons who hunt or take wildlife . . .'' This provision provides the authority for the proposed changes.
3. Regulatory Requirements
The proposed changes will relax an existing requirement.
4. Persons Affected
Archery deer hunters hunting during the fall turkey season will be affected by the proposed changes.
5. Effective Date
This proposed change will be effective on final publication in the Pennsylvania Bulletin and will remain in effect until changed by the Commission.
Cost and Paperwork Requirements
The proposed change would not add any additional cost or paperwork.
Contact Person
For further information and to comment on the proposed changes, the contact person is James R. Fagan, Director, Bureau of Law Enforcement, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717) 787-6526.
DONALD C. MADL,
Executive DirectorFiscal Note: 48-104. 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.
1998--1999 OPEN HUNTING AND FURTAKING SEASONS, DAILY LIMIT,
FIELD POSSESSION LIMIT AND SEASON LIMIT
OPEN SEASON INCLUDES FIRST AND LAST DATES LISTED* * * * *
Species First Day Last Day Daily Limit Season Limit * * * * *
Turkey--Male or Female * * * * *
Turkey (Spring Gobbler) Statewide
Bearded Bird onlyMay 1, 1999 May 29, 1999 1 1[#] [#--Contingent upon Legislative approval of a Spring Turkey license or stamp, one bearded turkey may be taken between May 1, and May 15, 1999, while a second bearded turkey may be taken only between May 17, and May 29, 1999. If the spring turkey license or stamp is not authorized, the season limit for the 1999 Spring Turkey Season will remain at one bearded turkey.]
CHAPTER 141. HUNTING AND TRAPPING
Subchapter C. BIG GAME § 141.43. Deer.
(a) Archery season. It is unlawful while hunting deer with a bow and arrow during the archery season to:
* * * * * (3) Move about or relocate during that portion of the archery deer season that is concurrent with the [general small game] fall turkey season without wearing a minimum of 250 square inches of daylight fluorescent orange-colored material. The material shall be worn on the head, chest and back combined so it is visible in a 360° arc.
(4) Be on stand and stationary during that portion of the archery deer season that is concurrent with the [general small game] fall turkey season without placing a band containing a minimum of 100 square inches of daylight fluorescent orange-colored material, in lieu of the required 250 square inches, within 15 feet of their location so it is visible in a 360° arc.
* * * * *
[Pa.B. Doc. No. 98-1275. Filed for public inspection August 7, 1998, 9:00 a.m.]
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