RULES AND REGULATIONS
Title 58--RECREATION
GAME COMMISSION
[58 PA. CODE CHS. 139 AND 141]
Seasons and Bag Limits
[28 Pa.B. 5486] To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its October 6, 1998, meeting, adopted the following changes:
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 amendments are hereby adopted under the authority of 34 Pa.C.S. (relating to the Game and Wildlife Code) (code).
Amendment to § 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, and at its October 6, 1998, meeting finally adopted, removing the contingency language. This change is adopted 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
As is stated previously, 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 change will 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 will be affected by the change.
5. Comment and Response Summary
A number of comments were received criticizing the original proposal for having a two turkey bag limit contingent upon Legislative approval of a spring turkey license or permit. The adopted change will eliminate this contingency.
Amendment to § 141.43
1. Introduction
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, and at its October 6, 1998, meeting finally adopted, changing § 141.43, to require archery deer hunters to wear fluorescent orange-colored material during the period that season overlaps the fall turkey season rather than the general small game season. These changes are adopted under the authority contained in section 2102(a) of the code, relating to regulations.
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 adopted 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 changes.
3. Regulatory Requirements
The changes relax an existing requirement.
4. Persons Affected
Archery deer hunters hunting during the fall turkey season will be affected by the adopted changes.
5. Comment and Response Summary
No official comments were received with regard to the changes.
Cost and Paperwork Requirements
The changes will not result in any additional cost or paperwork.
Effective Date
The change will be effective on filing by the Legislative Reference Bureau.
Contact Person
For further information on these changes, contact James R. Fagan, Director, Bureau of Law Enforcement, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717) 783-6526.
Findings
The Commission finds that:
(1) Public notice of intention to adopt the administrative amendments adopted by this order has been given under sections 201 and 202 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. §§ 1201 and 1202) and the regulations thereunder, 1 Pa. Code §§ 7.1 and 7.2.
(2) The adoption of the amendments of the Commission in the manner provided in this order is necessary and appropriate for the administration and enforcement of the authorizing statute.
Order
The Commission, acting under the authorizing statute, orders that:
(a) The regulations of the Commission, 58 Pa. Code Chapters 139 and 141, are amended by amending §§ 139.4 and 141.43 to read as set forth at 28 Pa.B. 3804 (August 8, 1998).
(b) The Executive Director of the Game Commission shall submit this order and 28 Pa.B. 3804 and deposit them with the Legislative Reference Bureau as required by law.
(c) This order amending § 139.4 and § 141.43, shall become effective upon final publication in the Pennsylvania Bulletin.
DONALD C. MADL,
Executive DirectorFiscal Note: Fiscal Note 48-104 remains valid for the final adoption of the subject regulations.
[Pa.B. Doc. No. 98-1790. Filed for public inspection October 30, 1998, 9:00 a.m.]
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