RULES AND REGULATIONS
Title 58--RECREATION
GAME COMMISSION
[58 PA. CODE CH. 141]
Hunting and Trapping
[30 Pa.B. 2601] To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its April 4, 2000, meeting adopted the following change:
Amend Chapter 141 (relating to hunting and trapping):
Subchapter A (relating to general):
§ 141.1 (relating to special regulations areas), to allow the .410 shotgun with single projectile ammunition for deer hunting in the special regulations areas, and clarify that the 20 gauge shotgun or larger would continue to be lawful for buckshot in the Southeast special regulations areas.
§ 141.4 (relating to hunting hours), to allow the hunting of bobcat any hour, day or night.
§ 141.5 (relating to furbearer tagging requirements), to require the tagging of bobcat taken under a special permit.
§ 141.6 (relating to illegal devices), to allow the hunting of bobcat by the use of electronic calls, and permitting snares to be completely or partially submerged in water to be used to take beaver.
Subchapter B (relating to small game):
§ 141.21 (relating to hen ringneck pheasant), to expand the male and female pheasant area to include additional counties with low wild pheasant populations and low capability (due to natural succession and land use practices) to support a long-term wild pheasant population.
Subchapter C (relating to big game):
§ 141.43 (relating to deer), to address hunting safety concerns by requiring fluorescent orange during the overlap with the flintlock muzzleloading season that precedes the regular firearms season for deer, and to allow the use of muzzleloading pistols and expand types of lawful ammunition.
§ 141.45 (relating to turkey), by limiting lawful hunting devices to shotguns and archery in certain turkey management areas.
Subchapter D (relating to trapping):
§ 141.63 (relating to definitions), by changing the stop location to allow the snare loop to close to a minimum circumference of 7 inches.
These amendments are adopted under the authority of 34 Pa.C.S. §§ 101--2965 (relating to Game and Wildlife Code) (code).
Amendment to § 141.1
1. Introduction
To more effectively manage the wildlife resources of this Commonwealth, the Commission at its meeting held on January 11, 2000, proposed, and at its April 4, 2000, meeting finally adopted changing § 141.1 to allow the use of the .410 shotgun with single projectile ammunition for deer hunting in special regulations areas. This will allow more flexibility for muzzleloaders in special regulations areas and create more consistency with what exists in the rest of this Commonwealth. These changes are adopted under authority contained in section 2102 of the code (relating to regulations).
2. Purpose and Authority
The .410 shotgun with single projectile ammunition can currently be lawfully used to hunt deer through most of this Commonwealth. Section 141.1 has a limitation that at least a 20 gauge long gun or shotgun propelling a single projectile shall be used. This has led to confusion for deer hunters who hunt both inside and outside of special regulations areas. The adopted changes will eliminate this limitation with regard to single projectile ammunition in special regulations areas but retain the requirement when using buckshot.
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 . . .'' Section 2102(d) also directs the Commission to promulgate regulations stipulating ''. . . the type of firearms and ammunition and other devices which may be used . . .'' The changes were adopted under this authority.
3. Regulatory Requirements
The amendment will relax current requirements.
4. Persons Affected
Individuals wishing to hunt deer in special regulations areas with muzzleloading long guns or shotguns using single projectile ammunition will be affected by the amendment.
Amendments to §§ 141.1, 141.5 and 141.6
1. Introduction
To more effectively manage the wildlife resources of this Commonwealth, the Commission at its meeting held on January 11, 2000, proposed, and at its April 4, 2000, meeting finally adopted having a bobcat hunting and trapping season and also proposed changing §§ 141.4--141.6 to regulate the taking and tagging of bobcats. The Commission also adopted changing § 141.6 to permit partially submerged snares to be used to take beaver. These changes were adopted under sections 322 and 2102(a) of the code (relating to powers and duties of the the Commission and regulations).
2. Purpose and Authority
After some years of studying bobcats and bobcat populations in this Commonwealth, the Commission biologists have concluded that limited numbers of bobcats can be safely harvested by hunting and trapping. The Commission has therefore proposed a bobcat season as part of its seasons and bag limit proposals for 2000--2001. To regulate the taking of bobcats, other changes to 58 Pa. Code will be required.
Under the amendments, § 141.4 will be changed to specify hunting hours for bobcats. Also, under the changes, § 141.5 is changed to require tagging of bobcats. Finally, § 141.6 is changed to allow use of electronic devices to take bobcats.
In addition, the Commission has changed § 141.6 to allow partially submerged snares to be used to take beaver. This change should increase snare capture efficiency and eliminate problems caused by fluctuating water levels.
Section 322(c) of the code empowers the Commission to fix daily shooting or taking hours and devices that can be used. Section 2102(a) of the code authorizes the Commission to promulgate regulations relating to the hunting of game or wildlife in this Commonwealth. The changes were adopted under this authority.
3. Regulatory Requirements
The changes set hours for hunting bobcats, require tagging of harvested bobcats and allow the use of electronic devices to take bobcats.
4. Persons Affected
Individuals wishing to hunt or trap bobcats or trap beavers will be affected.
Amendment to § 141.21
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 changing § 141.21 to allow the taking of female pheasants in a larger area of this Commonwealth. This change was adopted under sections 322(c)(1) and 2102(b)(1) of the code.
2. Purpose and Authority
The Commission is required to set hunting and furtaking season and bag limits on an annual basis. Section 322 of the code specifically empowers the Commission to fix seasons 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.
It has become apparent that a larger area of this Commonwealth, for various reasons, is incapable of supporting a long-term wild pheasant population. Pheasants that are harvested in that area are essentially birds that were stocked by the Commission. To maximize the benefit of those stocked pheasants, the Commission has adopted allowing pheasants of either sex to be taken in the shaded areas of the map, a larger area than the prior regulation.
3. Regulatory Requirements
The change will relax current regulatory requirements.
4. Persons Affected
Hunters wishing to hunt pheasants in this Commonwealth will be affected by the change.
Amendment to § 141.43
1. Introduction
To provide for the safety of hunters in the field and to provide more options to hunters wishing to take advantage of the muzzleloader deer season, the Commission at its January 11, 2000, meeting proposed, and at its April 4, 2000, meeting finally adopted changes to § 141.43 to require archers to wear daylight fluorescent orange-colored material during the proposed early flintlock muzzleloader season and to allow the use of muzzleloading pistols and maxi and mini ball ammunition during muzzleloading season. These changes were adopted under the authority contained in section 2102 of the code.
2. Purpose and Authority
As part of the 2000--2001 seasons and bag limits, the Commission decided to include a 3-day early flintlock muzzleloader antlerless deer season. Since this season would overlap the archery deer season and at some time in the future may overlap turkey season, it was decided to require archers to wear or display daylight fluorescent orange-colored material. This necessitated changing § 141.43. In addition, to expand the variety of firearms and ammunition available during the muzzleloader deer season, the Commission has changed § 141.43 to allow the use of pistols and mini and maxi balls.
Section 2101(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 adopted changes require archery deer hunters to wear or display daylight fluorescent orange-colored material during the early flintlock muzzleloader antlerless deer season. The other changes relax current restrictions.
4. Persons Affected
Those desiring to hunt that part of the archery deer season that overlaps with the early flintlock muzzleloader antlerless deer season will be affected by the changes.
Amendment to § 141.45
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 changing § 141.45 to allow for the fact that Turkey Management Areas 1 and 9 have been split into Turkey Management Areas 1-A and 1-B and 9-A and 9-B. This change was adopted under authority contained in sections 322(c)(4) and 2102(a) of the code.
2. Purpose and Authority
To better manage turkey populations in this Commonwealth, the Commission has split the turkey management areas, Nos. 1 and 9 in the more populous parts of the State, each into areas A and B, as is shown on the map in Chapter 141, Appendix C. The provision of § 141.45 prohibiting single projectile ammunition in those areas was not changed accordingly. The adopted change will make this adjustment.
Section 322(c)(4) of the code authorizes the Commission to define geographic limitations or restrictions. Section 2102(a) of the code directs the Commission to promulgate these regulations as it deems necessary and appropriate concerning hunting or furtaking. The change was adopted under this authority.
3. Regulatory Requirements
The amendment will not change any regulatory requirements.
4. Persons Affected
Since the change is essentially editorial, it will have no real impact.
Amendment to § 141.63
1. Introduction
To more effectively manage the wildlife resources of the Commonwealth, the Commission at its meeting held on January 11, 2000, proposed, and at its April 4, 2000, meeting finally adopted changing § 141.63 to reduce the minimum circumference of snare loops used in trapping beaver from 20 inches to 7 inches. This change was adopted under authority contained in sections 322(c)(5) and 2102(a) of the code.
2. Purpose and Authority
In 1998, the Commission changed its trapping regulations to allow snaring of beaver but required that the snare be crimped so it closed to a minimum circumference of 20 inches. This minimum circumference has been very inefficient in snaring beaver. As a result, the Commission has reduced the circumference to 7 inches.
Section 322(c)(5) of the code directs the Commission to: ''Fix the type and number of devices which may be used to take game or wildlife.'' Section 2102(a) of the code directs the Commission to promulgate regulations concerning the ''. . . ways, manner, methods and means of hunting or furtaking.'' The change was adopted under this authority.
3. Regulatory Requirements
The adopted change relaxes a restriction and should enable beaver trappers to be more successful.
4. Persons Affected
Individuals wishing to trap beaver with snares are affected by the change.
Comment and Response Summary
No written comments were received with regard to the proposed changes.
Cost and Paperwork Requirements
The adopted changes should not result in any additional cost or paperwork.
Effective Date
The changes will be effective on final publication in the Pennsylvania Bulletin and will remain in effect until changed by the Commission.
Contact Person
For further information on the changes, contact William L. Hutson, Director, Bureau of Law Information, 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 authorizing statute, orders that:
(a) The regulations of the Commission, 58 Pa. Code Chapter 141, are amended by amending §§ 141.1, 141.4--141.6, 141.21, 141.43, 141.45 and 141.63, to read as set forth at 30 Pa.B. 1262 (March 4, 2000).
(b) The Executive Director of the Commission shall submit this order and 30 Pa.B. 1262 (March 4, 2000) and deposit them with the Legislative Reference Bureau as required by law.
(c) This order amending §§ 141.1, 141.4--141.6, 141.21, 141.43, 141.45 and 141.63 shall become effective upon final publication in the Pennsylvania Bulletin.
VERNON R. ROSS,
Executive DirectorFiscal Note: Fiscal Note 48-119 remains valid for the final adoption of the subject regulations.
[Pa.B. Doc. No. 00-889. Filed for public inspection May 26, 2000, 9:00 a.m.]
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