PROPOSED RULEMAKING

GAME COMMISSION

[58 PA. CODE CH. 139]

Seasons and Bag Limits

[30 Pa.B. 1257]

   To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) at its January 11, 2000, meeting, proposed the following:

   Amend § 139.2 (relating to definitions) by adding field possession limit for deer, and § 139.4 (relating to seasons and bag limits for the license year) to provide dates for the 2000-2001 hunting license year.

   These proposed amendments to Chapter 139 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 Game and Wildlife Code) (code).

   These proposals were made public at the January 11, 2000, 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 March 24, 2000.

Amendment to § 139.2

1.  Introduction

   To more effectively manage the wildlife resources of this Commonwealth, the Game Commission at its January 11, 2000, meeting proposed changing § 139.2 to add a definition of ''field possession limit--deer.'' The use of this term in the deer bag limits in § 139.4 will add a requirement to secure a harvested deer before seeking another. This change was proposed under the provisions of sections 322(c)(1) and 2102(b)(1) of the code (relating to powers and duties of Commission; and regulations).

2.  Purpose and Authority

   In the proposed seasons and bag limits for 2000-2001, the Commission has proposed to allow the taking of an antlerless deer in addition to an antlered deer or the taking of more than one antlerless deer in 1 day. To allow a more equitable harvest among competing hunters, however, the Commission decided to require that the carcass of a harvested deer must first be secured at a motor vehicle, hunting camp, residence or deer processing facility before another can be taken. The proposed change would impose this requirement.

   Section 322(c) 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 require deer hunters to secure a harvested deer before seeking to take another.

4.  Persons Affected

   Deer hunters possessing an antlerless deer license who wish to take more than one deer in 1 day will be affected by the proposed change.

5.  Cost and Paperwork Requirements

   The proposed change should not result in additional cost or paperwork.

6.  Effective Date

   The proposed change will be effective on final publication in the Pennsylvania Bulletin and will remain in effect until changed by the Commission.

Amendment to § 139.4

1.  Introduction

   To effectively manage the wildlife resources of this Commonwealth, the Commission, at its January 11, 2000, meeting proposed changing § 139.4 to provide for seasons and bag limits for the 2000-2001 license year. These seasons and bag limits were proposed under the provisions of sections 322(c)(1) and 2102(b)(1) of the code. Notable changes for the 2000-2001 year include a Statewide antlerless season that begins on a Saturday, the last day of the rifle buck season; an early Statewide muzzleloader antlerless deer season that also starts on a Saturday; and a proposed bobcat hunting and trapping season with the required permit.

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.

   Changes that have been proposed for the 2000-2001 season are primarily intended to increase the harvest of antlerless deer and to maximize recreational opportunities where game and wildlife populations allow. Major changes are as follows:

   1.  The start of the Statewide 3-day antlerless deer season will be moved to the last Saturday of the rifle buck season. A provision has also been built into the regulation to allow a 1-day extension of the antlerless season, if it is required.

   2.  An additional early Statewide muzzleloader antlerless deer season will be held.

   3.  Junior and senior license holders and holders of disabled person permits (to use a vehicle) will be allowed to shoot an antlerless deer during antlered deer season for each antlerless deer license they possess.

   4.  Hunters will be limited to one antlered deer per year, but may take one antlerless for each antlerless deer license held. Hunters must, however, secure any deer they harvest before they can harvest another deer.

   5.  The start of the early small game season will be moved back approximately 2 weeks from the most recent start date under the proposal.

   6.  A bobcat hunting and trapping season will be established but a permit to harvest a bobcat will be required.

   7.  An additional week will be added to the fall turkey season in Turkey Management Area 7-A.

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 take.

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 any additional cost either to the Commission or to hunters and furtakers.

6.  Effective Dates

   The effective dates are July 1, 2000 to June 30, 2001.

Contact Person

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

VERNON R. ROSS,   
Executive Director

   Fiscal Note:  48-116. No fiscal impact; (8) recommends adoption.

Annex A

TITLE 58.  RECREATION

PART III.  GAME COMMISSION

CHAPTER 139.  SEASONS AND BAGS LIMITS

§ 139.2.  Definitions.

   The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:

*      *      *      *      *

   Field possession limit--deer--When multiple harvests of deer per day are authorized, only one deer at a time may be harvested and possessed in the field or forest. Before harvesting additional deer, the deer previously harvested must be transported and secured at the hunter's motor vehicle, permanent or temporary camp, residence or deer processing facility.

*      *      *      *      *

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

   (Editor's Note:  As part of the proposed rulemaking, the Commission is proposing to delete the existing text which appears at 58 Pa. Code pages 139-3--139-11, serial pages (255561)--(255569), and replace it with the following text, which has been printed in regular type to enhance readability.)

2000-2001 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 species) Eligible Junior Hunters only, with or without the required license, when properly accompanied as required by law	Oct. 7		Oct. 9	6	12
Squirrels--(Combined species)	Oct. 14		Nov. 25	6	12
		and
	Dec. 26		Feb. 10, 2001
Ruffed Grouse--(Statewide)	Oct. 14		Nov. 25	2	4
		and
	Dec. 26		Jan. 27, 2001
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. 28		Nov. 25	4	8
		and
	Dec. 26		Feb. 10, 2001
Ringneck Pheasant--Male only	Oct. 28		Nov. 25	2	4
Ringneck Pheasant--Male or female	Oct. 28		Nov. 25	2	4
combined when hunting in designated		and
hen shooting area only	Dec. 26		Feb. 10, 2001
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.	Oct. 28		Nov. 25	4	8
Hares (Snowshoe Rabbits) or Varying Hares	Dec. 26		Dec. 30	2	4
Woodchucks (Groundhog)	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				1	1
Management Areas    #1-A, 1-B & 2	Oct. 28		Nov. 11
Management Area #7-B	Oct. 28		Nov. 4
Management Areas    #3, 4, 5, 6, 7-A & 8	Oct. 28		Nov. 18
Management Area #9-A	Oct. 30		Nov. 1
Management Area #9-B	Oct. 30		Nov. 4
Turkey (Spring Gobbler) Statewide    Bearded Bird only	April 28, 2001		May 26, 2001	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--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.

					Field
					Possession
				Daily	Limit After
Species	First Day		Last Day	Limit	First Day
Crows	July 1		Nov. 26	Unlimited
(Hunting permitted on Friday, Saturday		and
and Sunday only)	Dec. 29		April 1, 2001
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--(Combined species)	Sep. 1		Mar. 31, 2001	6	12
Quail	Sep. 1		Mar. 31, 2001	4	8
Ruffed Grouse	Sep. 1		Mar. 31, 2001	2	4
Cottontail Rabbits	Sep. 1		Mar. 31, 2001	4	8
Snowshoe or Varying Hare	Sep. 1		Mar. 31, 2001	2	4
Ringneck Pheasant--Male and Female--(Combined)	Sep. 1		Mar. 31, 2001	2	4
Migratory Game Birds--Seasons and bag limits shall be in accordance with Federal regulations.
DEER
Deer (Archery), Antlered--(Statewide)	Sept. 30		Oct. 20	One antlered.**
with 2 or more points to an		and
antler or a spike 3 or more inches long	Oct. 25		Nov. 11
		and
	Dec. 26		Jan. 13, 2001
Deer (Archery), Antlerless--(Statewide)	Sept. 30		Nov. 11	An antlerless deer
		and		with each required
	Dec. 26		Jan. 13, 2001	antlerless license.
Deer, Regular Antlered--(Statewide) with 2 or more points to an antler or a spike 3 or more inches long	Nov. 27		Dec. 9	One antlered.**
Deer, Antlerless--(Statewide) Junior and Senior License Holders, and Disabled Person Permit (to use a vehicle) Holders Only, with required antlerless license	Nov. 27		Dec. 9	An antlerless deer with each required antlerless license.
Deer, Regular Antlerless--(Statewide)	Dec. 9		Dec. 12*	An antlerless deer with each required antlerless license.
Deer, Antlerless (Presque Isle State Park, Erie County)	Dec. 6		Dec. 8	One antlered.** An antlerless deer with each required antlerless license.
Deer, Antlerless only--(Statewide) (Flintlock Muzzleloading firearms only)	Oct. 21		Oct. 24	An antlerless deer with each required antlerless license.
Deer, Antlered or Antlerless--(Statewide) (Flintlock Muzzleloading firearms only)	Dec. 26		Jan. 13, 2001	One antlered ** or one antlerless-plus an additional antlerless deer with each required antlerless license.
Deer, Antlerless Only on those lands designated by the Executive Director as ''Deer Damage Areas'' and posted with approved signs	Nov. 27		Dec. 9	An antlerless deer with each required antlerless license.
Deer, 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 Unites States Department of the Army			An antlerless deer with each required antlerless license.
SPECIAL REGULATIONS AREAS SOUTHEASTERN PENNSYLVANIA AND ALLEGHENY COUNTY
Deer, Antlered with 2 or more points to an antler or a spike 3 or more inches long	Nov. 27		Dec. 9	One antlered deer.**
Deer, Antlerless	Nov. 27		Dec. 12	An antlerless deer
		and		with each required
	Dec. 26		Jan 13, 2001	antlerless license.

				Daily	Season
Species	First Day		Last Day	Limit	Limit
BEAR
Bear, any age	Nov. 20		Nov. 22	1	1
FURTAKING--TRAPPING
Minks and Muskrats--(Statewide)	Nov. 18		Jan. 7, 2001	Unlimited
Beaver--(Statewide)	Dec. 26		Mar. 31, 2001
Zones 1, 2 & 3 (except Bradford, McKean, Potter, Susquehanna, Tioga and Wayne Counties)				10	20
Bradford, McKean, Potter, Susquehanna Tioga and Wayne Counties				10	40
Zone 4 & 5				10	10
Zone 6				6	6
Coyotes, Foxes, Opossums, Raccoons, Skunks, Weasels--Statewide	Oct. 15		Feb. 24, 2001	Unlimited
Bobcat (Zones 2 & 3)	Oct. 15		Feb. 24, 2001	1	1***
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. 14		Feb. 24, 2001	Unlimited
Bobcat (Zones 2 & 3)	Oct. 14		Feb. 24, 2001	1	1***

   No open seasons on other wild birds or wild mammals.

   * The executive director is hereby authorized to extend, by order, in accordance with § 139.3, this season by 1 day either Statewide or on a designated area basis where it appears, after polling the Commissioners and regional offices, that there has been an underharvest of antlerless deer. Public notice of the extension shall be given by extensive publication.

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

   ***Bobcat may only be taken by furtakers in possession of a Bobcat Hunting-Trapping Permit.

[Pa.B. Doc. No. 00-377. Filed for public inspection March 3, 2000, 9:00 a.m.]

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