PROPOSED RULEMAKING

GAME COMMISSION

[58 PA. CODE CH. 139]

Seasons and Bag Limits

[29 Pa.B. 1225]

   To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) at its January 12, 1999, meeting, proposed the following amendment to read as set forth in Annex A:

   Amend § 139.4 (relating to seasons and bag limits for the license year) to provide dates for the 1999-2000 hunting license year.

   This proposed amendment will have no adverse impact on the wildlife resources of this Commonwealth.

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

   This proposal was made public at the January 12, 1999, meeting of the Commission, and comments on this proposal can be sent to the Executive Director of the Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, until March 26, 1999.

1.  Introduction

   To effectively manage the wildlife resources of this Commonwealth, the Commission, at its January 12, 1999, meeting proposed changing § 139.4 to provide for seasons and bag limits for the 1999-2000 license year. These seasons and bag limits were proposed under sections 322(c)(1) and 2102(b)(1) of the code (relating to powers and duties of Commission; and regulation). Notable changes for the 1999-2000 year are a 2-week extension of the late Ringneck Pheasant season and the creation of a 3-day flintlock muzzleloader antlerless deer season.

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 pheasants are sufficiently abundant to justify extending their season and having a uniform ending of late small game season. Since antlerless deer license allocations have not been exhausted in the past 2 years it was decided to give flintlock muzzleloader deer hunters an early opportunity to take antlerless deer, with the required license, through the additional season.

3.  Regulatory Requirements

   These proposed seasons and bag limits would 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

   All persons wishing to hunt and trap in this Commonwealth would be affected by these proposed seasons and bag limits.

5.  Cost and Paperwork Requirements

   The proposed new seasons and bag limits would not result in any additional cost either to the Commission or to hunters and furtakers.

6.  Effective Dates

   July 1, 1999, to June 30, 2000.

7.  Contact Persons

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

DONALD C. MADL,   
Executive Director

   (Editor's Note:  The Commission is proposing to replace § 139.4 as it currently appears in the Pennsylvania Code at pages 139-3--139-10 (serial pages (244957)--(244964) with the version which appears in Annex A.)

   Fiscal Note:  48-108. 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.

1999-2000 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--(Combined)	Oct. 9		Oct. 11	6	12
Eligible Junior Hunters only, with or without the required license, when properly accompanied as required by law
Squirrels--(Combined)	Oct. 16		Nov. 27	6	12
		and
	Dec. 27		Feb. 12, 2000
Ruffed Grouse--Statewide	Oct. 16		Nov. 27	2	4
		and
	Dec. 27		Jan. 29, 2000
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	Oct. 16		Nov. 27	4	8
		and
	Dec. 27		Feb. 12, 2000
Ringneck Pheasant--Male only	Oct. 16		Nov. 27	2	4
Ringneck Pheasant--Male or female	Oct. 16		Nov. 27	2	4
combined when hunting in designated		and
hen shooting area only	Dec. 27		Feb. 12, 2000
Bobwhite Quail--The hunting	Oct. 16		Nov. 27	4	8
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.
Hares (Snowshoe Rabbits) or	Dec. 27		Jan. 1, 2000	2	4
Varying Hares
Woodchucks (Groundhog)	No closed season except during the			Unlimited
	antlered and antlerless deer season and until 12 noon daily during the spring gobbler turkey season
Turkey--Male or Female				1	1
Management Areas    # 1-A, 1-B, 2, 6, 7-A & 8	Oct. 30		Nov. 13
Management Area # 7-B	Oct. 30		Nov. 6
Management Areas # 3, 4 & 5	Oct. 30		Nov. 20
Management Area # 9-A	Closed to fall turkey hunting
Management Area # 9-B	Nov. 1		Nov. 6
Turkey (Spring Gobbler) Statewide	April 29, 2000		May 27, 2000	1	1
Bearded Bird only

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.

   (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.

   (d)  There is no open season for taking Woodcock within the boundaries of State Game Land No. 69, located in Randolph, Richmond and Troy Townships in Crawford County, Pennsylvania.

					Field
					Possession
				Daily	Limit After
Species	First Day		Last Day	Limit	First Day
Crows	July 2		Nov. 28	Unlimited
(Hunting permitted on Friday, Saturday		and
and Sunday only)	Dec. 24		Mar. 26, 2000
Starlings and English Sparrows	No closed season except during the			Unlimited
	antlered and antlerless deer seasons and until 12 noon daily during the spring gobbler turkey season
FALCONRY
Squirrels--(Combined)	Sep. 1		Mar. 31, 2000	6	12
Quail	Sep. 1		Mar. 31, 2000	4	8
Ruffed Grouse	Sep. 1		Mar. 31, 2000	2	4
Cottontail Rabbits	Sep. 1		Mar. 31, 2000	4	8
Snowshoe or Varying Hare	Sep. 1		Mar. 31, 2000	2	4
Ringneck Pheasant--Male	Sep. 1		Mar. 31, 2000	2	4
and Female (Combined)
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	Oct. 2		Nov. 13	1 Per Day	One antlered.**
with the appropriate license		and			An antlerless
	Dec. 27		Jan. 15, 2000		deer with each required antlerless license.
Deer (Buck), Antlered, (Statewide)	Nov. 29		Dec. 11	1 Per Day	One antlered.**
with 2 or more points to an antler or a spike 3 or more inches long
Deer (Doe) Antlerless (Statewide)	Dec. 4	and	Dec. 11 only	An antlerless
Junior License Holders Only with required antlerless license				deer with each required antlerless license.
Deer (Doe) Antlerless (Statewide)	Dec. 13		Dec. 15	1 Per Day	An antlerless deer with each required antlerless license.
Deer (Doe) Antlerless	Dec. 8		Dec. 10	One antlered
(Presque Isle State Park, Erie County)				deer.** An antlerless deer with each required antlerless license.
Deer (Doe) Antlerless only, (Flintlock Muzzleloading firearms only)	Nov. 18		Nov. 20	1 Per Day	An antlerless deer with each required antlerless license.
Deer (Doe) Antlered or Antlerless (Flintlock Muzzleloading firearms only)	Dec. 27		Jan. 15, 2000	1 Per Day	One antlered ** or one antlerless-plus An antlerless deer with each required antlerless license.
Deer (Doe) Antlerless Only on those lands designated by the Executive Director as ''Deer Damage Areas'' and posted with approved signs	Nov. 29		Dec. 11	An antlerless deer with each required antlerless license.
Deer (Doe) Antlerless (Letterkenny Army Depot, Franklin County and New Cumberland Army Depot, York County and Fort Ritchie, Raven Rock Site, Adams County)	Hunting is permitted on days established by the United States Department of the Army.			An antlerless deer with each required antlerless license.
SPECIAL REGULATIONS AREAS SOUTHEASTERN PENNSYLVANIA AND ALLEGHENY COUNTY
Deer (Doe) Antlerless only, (Flintlock Muzzleloading firearms only)	Nov. 18		Nov. 20	An antlerless deer with each required antlerless license.
Deer (Buck), Antlered	Nov. 29		Dec. 11	One antlered deer.**
Deer (Doe), Antlerless	Nov. 29		Dec. 18	An antlerless
		and		deer with each
	Dec. 27		Jan. 15, 2000	required antlerless license.
BEAR
Bear, any age	Nov. 22		Nov. 24	1	1
FURTAKING--TRAPPING
Minks and Muskrats--Statewide	Nov. 21		Jan. 9, 2000	Unlimited
Beaver--Statewide	Dec. 26		Mar. 15, 2000
Zones 1, 2 & 3				10	20
(except Bradford, McKean, Potter, Susquehanna, Tioga and Wayne Counties)
Bradford, McKean, Potter, Susquehanna				10	40
Tioga and Wayne Counties
Zones 4 and 5				10	10
Zone 6				6	6
Coyotes, Foxes, Opossums, Raccoons,	Oct. 17		Feb. 26, 2000	Unlimited
Skunks, Weasels--Statewide
FURTAKING--HUNTING
Coyotes--Statewide	No closed season. Coyotes may			Unlimited
	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.
Opossums, Skunks, Weasels--	No closed season. These species may
Statewide	not be hunted prior to 12 noon during the spring gobbler turkey season.
Raccoons and Foxes--Statewide	Oct. 16		Feb. 26, 2000	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.

[Pa.B. Doc. No. 99-348. Filed for public inspection March 5, 1999, 9:00 a.m.]

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