RULES AND REGULATIONS

Title 58--RECREATION

GAME COMMISSION

[58 PA. CODE CH. 139]

Seasons and Bag Limits

[30 Pa.B. 2366]

   To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its April 4, 2000, meeting, adopted the following changes:

   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. The amendments were proposed at 30 Pa.B. 1257 (March 4, 2000). These amendments were adopted under the authority of 34 Pa.C.S. §§ 101--2965 (relating to Game and Wildlife Code) (code).

Amendment of § 139.2

1.  Introduction

   To more effectively manage the wildlife resources of this Commonwealth, the Commission at its January 11, 2000, meeting proposed, and at its April 4, 2000, meeting finally adopted, changes to § 139.2 by adding the 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 on the same day. This change was adopted under 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 seasons and bag limits for 2000-2001, the Commission has adopted a provision allowing 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 shall first be secured at a motor vehicle, hunting camp, residence or deer processing facility before another can be taken. On final adoption, the Commission decided to also allow transfer of a deer to a pick-up point.

   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 change requires deer hunters to secure a harvested deer before seeking to take another.

4.  Persons Affected

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

5.  Comment and Response Summary

   No comments were received specifically addressing the adopted change.

6.  Cost and Paperwork Requirements

   The change will not result in any additional cost or paperwork.

7.  Effective Date

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

Amendment § 139.4

1.  Introduction

   To effectively manage the wildlife resources of this Commonwealth, the Commission, at its January 11, 2000, meeting proposed, and at its April 4, 2000, meeting finally adopted, changes to § 139.4 to provide for seasons and bag limits for the 2000-2001 license year. These seasons and bag limits were adopted under 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 adopted 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 shall, however, secure any deer they harvest before they can harvest another deer on the same day.

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

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

   7.  For final adoption, the Commission moved the start of the fall turkey season in Turkey Management Area No. 9-B from October 30 to October 28 and added a week to the mink and muskrat trapping season.

3.  Regulatory Requirements

   These 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 will be affected by these seasons and bag limits.

5.  Comment and Response Summary

   a.  The Commission received 408 comments on form letters from the agricultural community endorsing the proposed changes in the deer seasons. The Commission received 621 comments on the proposed 3-day muzzloader season for antlerless deer 47 of which were for and 574 of which were opposed, but 69% of those in opposition were signatures on a petition. Two hundred and fifteen comments favored the early muzzleloader season but wanted the harvesting of an antlered deer during that season to be lawful. Fifty-three comments expressed support for an early muzzleloader season but wanted it not to be concurrent with the archery season.

   The Commission received 468 comments with regard to starting the antlerless deer season on the last day of the antlerless deer season, 39 of which were in favor and 429 of which were opposed. Ninety percent of the opposition comments were signatures on a petition which expressed concerns about safety, despite the fluorescent orange requirement, with either sex being legal. The Commission received 69 comments on the concurrent antlered and antlerless seasons for junior, senior and disabled hunters, 22 of which were in favor and 47 were opposed. Finally, two comments opposed multiple daily harvests of deer. Given this interesting mix of comments, the Commission decided to leave the deer seasons as proposed.

   b.  The Commission received a total of 6,271 comments with regard to the proposed bobcat season, seven of which were in favor and 6,264 were opposed. Over 70% of the opposition comments were in the form of signatures on petitions. It was quite clear that the opposition was based on general opposition to hunting and trapping of any species.

   Section 103(b) of the code (relating to ownership, jurisdiction and control of game and wildlife), mandates that: ''the Commission shall utilize hunting and trapping as methods of effecting necessary management of game, furbearer and wildlife populations.'' The Commission closed the bobcat season in 1970 because of concerns about bobcat populations. Commission biologists have been studying bobcat populations for over 10 years and have concluded that populations are adequate to support very limited recreational harvests of bobcats. The Commission therefore adopted the seasons that had been proposed.

   c.  The Commission received 95 comments with regard to the proposed fall turkey hunting season in Turkey Management Area 9A, nine of which were in favor and 86 of which were opposed. Concerns about turkey populations in that area are prompted by the fact that the habitat is fragmented, which means populations are abundant in some areas and not in others. Overall, the Commission determined that the population was adequate to keep the season as proposed.

   d.  The Commission received three comments in favor of an early pheasant season opener. The season was adopted as proposed.

6.  Cost and Paperwork Requirements

   The adopted new seasons and bag limits will not result in additional costs either to the Commission or to hunters and furtakers.

   7.  Effective Dates

   The amendment is effective July 1, 2000, to June 30, 2001.

Contact Person

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

Findings

   The Game 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 authorizing statute, orders that:

   (a)  The regulations of the Commission, 58 Pa. Code Chapter 139, are amended by amending §§ 139.2 and 139.4 to read as set forth in Annex A.

   (B)  The Executive Director of the Commission shall submit this order and Annex A, and deposit them with the Legislative Reference Bureau as required by law.

   (C)  This order amending §§ 139.2 and 139.4, shall become effective upon final publication in the Pennsylvania Bulletin.

VERNON R. ROSS,   
Executive Director

   Fiscal Note: Fiscal Note 48-116 remains valid for the final adoption of the subject regulations.

Annex A

TITLE 58.  RECREATION

PART III.  GAME COMMISSION

CHAPTER 139.  SEASONS AND BAG LIMITS

§ 139.2.  Definitions.

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

   Antlered deer--A deer having two or more points to one antler, or with one antler 3 inches or more in length.

   Antlerless deer--A deer without antlers, or a deer with antlers both of which are less than 3 inches in length.

   Closed season--Periods of the calendar year and hours during which it is unlawful to take game or wildlife.

   Daily limit--The maximum number permitted to be taken by one person in 1 day during the open season.

   Early small game hunting season--A designated period when only squirrels and grouse may be hunted and taken.

   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 shall be transported and secured at the hunter's motor vehicle, permanent or temporary camp, residence, deer processing facility or pick-up point.

   Hunting hours--The period each day of the open season, Sundays excepted, when game and wildlife may be lawfully taken.

   Regular small game hunting season--The designated period of time when resident small game species may be hunted and taken.

   Season limit--The maximum number of wildlife which may be taken during a designated open season or license year.

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

2000-2001 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	Field Possession Limit After 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 Dec. 26	and	Nov. 25 Feb. 10, 2001	6	12
Ruffed Grouse--(Statewide)	Oct. 14 Dec. 26	and	Nov. 25 Jan. 27, 2001	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	Oct. 28 Dec. 26	and	Nov. 25 Feb. 10, 2001	4	8
Ringneck Pheasant--Male only	Oct. 28		Nov. 25	2	4
Ringneck Pheasant--Male or female combined when hunting in designated hen shooting area only	Oct. 28 Dec. 26	and	Nov. 25 Feb. 10, 2001	2	4
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

Species	First Day		Last Day	Daily Limit	Season 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. 28		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.

Species	First Day		Last Day	Daily Limit	Field Possession Limit After First Day
Crows (Hunting permitted on Friday, Saturday and Sunday only)	July 1 Dec. 29	and	Nov. 26 April 1, 2001	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--(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.

Species	First Day		Last Day	Daily Limit	Deer Field Possession Limit
DEER
Deer (Archery), Antlered--(Statewide) with 2 or more points to an antler or a spike 3 or more inches long	Sept. 30   Oct. 25   Dec. 26	and   and	Oct. 20   Nov. 11   Jan. 13, 2001	One antlered.**
Deer (Archery), Antlerless--(Statewide)	Sept. 30   Dec. 26	and	Nov. 11   Jan. 13, 2001	An antlerless deer with each required 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 United 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. 26	and	Dec. 12   Jan. 13, 2001	An antlerless deer with each required antlerless license.

Species	First Day		Last Day	Daily Limit	Season Limit
BEAR
Bear, any age	Nov. 20		Nov. 22	1	1
FURTAKING--TRAPPING
Minks and Muskrats--(Statewide)	Nov. 18		Jan. 14, 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 when 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.

****Includes persons who have reached or will reach their 65th birthday in the year of the application for the license and hold a valid adult license or qualify for license and fee exemptions under section 2706 of the act (relating to resident license and fee exemptions).

[Pa.B. Doc. No. 00-787. Filed for public inspection May 12, 2000, 9:00 a.m.]

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