RULES AND REGULATIONS
Title 58--RECREATION
GAME COMMISSION
[58 PA. CODE CHS. 135 AND 141]
Lands and Buildings; Hunting and Trapping
[30 Pa.B. 4250] To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) at its June 21, 2000, meeting, adopted the following change:
Amend § 135.103 (relating to registration for controlled goose hunting areas) to move the drawing back to September to give hunters a longer opportunity to apply for a blind in the Middle Creek Wildlife Management Area (MCWMA) since goose hunting during the September 2000 Canada goose season will not be open. Amend § 135.106 (relating to Pymatuning Wildlife Management Area) to address safety concerns by making some minor changes to the application process and scheduling the hunt outside of the late archery and muzzleloading seasons.
Amend § 141.4 (relating to hunting hours) to move the hunting hours of the first dove hunting season back to 12 noon to sunset. Amend § 141.25 (relating to early and late goose hunting seasons) to make the closed area during the early and late goose hunting seasons consistent. Amend § 141.25 and § 141.26 (relating to early Canada goose hunting season on Middle Creek Wildlife Management Area) to eliminate the area closed to goose hunting surrounding the MCWMA.
These amendments are adopted under the authority of 34 Pa.C.S. (relating to Game and Wildlife Code) (code).
Amendments to Chapter 135
1. Introduction
To better administer the special wildlife management areas at Middle Creek and Pymatuning, the Commission at its April 4, 2000, meeting proposed, and at its June 21, 2000, meeting finally adopted, making several changes to Chapter 135, Subchapter F (relating to Special Wildlife Management Areas). The amendments include a change to § 135.103, moving the deadline for submitting applications for blinds in the controlled goose hunting areas of MCWMA from the second Tuesday in August to the second Tuesday in September. The Commission amended § 135.106 to move the special deer hunt outside the late archery and muzzleloading seasons because of safety concerns. These changes are made under the authority contained in section 721(a) of the code (relating to control of property).
2. Purpose and Authority
The administration of the special wildlife management areas at Middle Creek and Pymatuning is a dynamic process which sometimes requires adjustments to procedures. In past years, the drawing for goose blind reservations at MCWMA has been held in August to accommodate opening the controlled area during the September Canada goose season. The controlled goose hunting area at MCWMA will not be open for the September 2000 Canada goose season. Moving the deadline back 1 month will give hunters more time to apply and will allow the Commission to advise successful applicants of the exact season, which is usually set by the United States Fish and Wildlife Service, in early September.
At the same time, the special deer hunt in Pymatuning Wildlife Management Area (PWMA) has become very popular. Because it is currently held during the muzzleloader and late archery seasons, deer hunters will station themselves just outside the boundary of PWMA, in hope of harvesting a fleeing deer. This has led to at least one incident of a hunter being struck by a stray bullet, giving rise to safety concerns. To deal with these concerns, the Commission will hold the special hunt outside of other deer seasons.
3. Regulatory Requirements
For the most part, the amendments involve changes to procedures with no additional requirements. The change in the goose blind application deadline is a relaxation of a requirement. The holding of the special deer hunt in PWMA is a mere change in timing.
4. Persons Affected
Persons wishing to engage in the specified activities at PWMA and MCWMA may be affected by the changes.
Amendment to § 141.4
1. Introduction
At its June 8, 1999, meeting, the Commission finally adopted a change to § 141.4 to allow the hunting of mourning doves from 1/2 hour before sunrise rather than from noon. It has been determined that this has led to conflicts with Canada goose hunters hunting during the early season. As a result and to more effectively manage the wildlife resources of this Commonwealth, the Commission at its meeting held on April 4, 2000, proposed, and at its meeting held on June 21, 2000, finally adopted, changing § 141.4 to return the start of hunting hours for hunting mourning doves to noon. This change was adopted under sections 322(c)(1) and 2102(a) of the code (relating to powers and duties of the Commission; and regulations).
2. Purpose and Authority
The current provision of § 141.4 provides that mourning doves may be hunted all day. As was pointed out in the previous paragraph, the 1999 expansion of hunting hours has led to conflicts with Canada goose hunters hunting during the early season. To eliminate these conflicts, the Commission has acted to return the shooting hours for mourning doves to the noon start.
Section 322(c)(1) of the code empowers the Commission to fix daily shooting or taking hours. Section 2102(a) of the code authorizes the Commission to promulgate regulations relating to the hunting of game or wildlife in this Commonwealth. The change was adopted under this authority.
3. Regulatory Requirements
The change will reduce the number of hours for hunting mourning doves.
4. Persons Affected
Individuals wishing to hunt mourning doves will be affected by the change.
Amendments to §§ 141.25 and 141.26
1. Introduction
The number of resident Canada geese in Southeastern Pennsylvania and number of accompanying nuisance complaints have increased dramatically in recent years. To deal with this situation, the Commission at its April 4, 2000, meeting proposed, and at its June 21, 2000, meeting finally adopted, changing §§ 141.25 and 141.26 to eliminate the area closed to goose hunting surrounding the MCWMA during the early Canada goose season.
In addition, the areas closed to Canada goose hunting in the area surrounding PWMA are different during the early and late seasons. The Commission has adopted changes to these sections to make the closed areas consistent in both seasons. These changes were 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 seasons 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.
As pointed out earlier, the population of resident Canada geese in Southeastern Pennsylvania has dramatically increased, resulting in numerous nuisance geese complaints. Given this situation, it makes little sense to restrict Canada goose hunting during the early Canada goose season, when resident populations are targeted. The Commission has therefore eliminated the closed area surrounding the MCWMA during that season, by amending §§ 141.25 and 141.26.
Also, the areas of Crawford County surrounding PWMA that are closed to Canada goose hunting during the early and late seasons are different. To avoid confusion, the Commission will close one area to goose hunting during both seasons. The changes will accomplish that purpose.
3. Regulatory Requirements
The changes will relax current regulatory requirements.
4. Persons Affected
Persons wishing to hunt geese at MCWMA and PWMA will be affected by the changes.
Comment and Response Summary
No written comments were received with regard to the adopted changes.
Cost and Paperwork Requirements
The changes will not result in any additional cost, either to the Commission or to hunters.
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 adopted changes, the contact person is David E. Overcash, Acting 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.
The Commission, acting under authorizing statute, orders that:
(a) The regulations of the Commission, 58 Pa. Code Chapters 135 and 141, are amended by amending §§ 135.103, 141.4, 141.25 and 141.26, to read as set forth at 30 Pa.B. 2908 (June 10, 2000) and amending § 135.106 to read as set forth in Annex A.
(b) The Executive Director of the Commission shall submit this order, Annex A and 30 Pa.B. 2908 and deposit them with the Legislative Reference Bureau as required by law.
(c) This order shall become effective upon final publication in the Pennsylvania Bulletin.
VERNON R. ROSS,
Executive DirectorFiscal Note: Fiscal Note 48-122 remains valid for the final adoption of the subject regulations.
Annex A
TITLE 58. RECREATION
PART III. GAME COMMISSION
CHAPTER 135. LANDS AND BUILDINGS
Subchapter F. SPECIAL WILDLIFE MANAGEMENT AREAS § 135.106. Pymatuning Wildlife Management Area.
(a) In addition to §§ 135.2 and 135.41 (relating to unlawful actions; and State game lands) and this subchapter, the following pertain to the Pymatuning Wildlife Management Area:
(1) Entering, hunting or trapping on the controlled goose and duck areas is by permit only.
(2) Waterfowl hunting is permitted Monday, Wednesday, Friday and Saturday. Starting time shall conform with State and Federal regulations. Shooting ends at 12:30 p.m.
(b) The following apply to reservations for the controlled duck hunting area:
(1) Reservations will be made on each designated shooting day at the registration center. Hunting is limited to 85 hunters at one time on the two areas combined. Reservations will be issued on a first-come, first served basis if there are 85 hunters or less applying at the registration center and 1 1/2 hours prior to the opening hunting hour. If there are more than 85 applicants present, a drawing will be held to determine to whom the 85 permits are issued.
(2) Permits returned to the registration center prior to 10 a.m. may be released to another applicant.
(c) The following apply to the controlled duck hunting areas:
(1) Ducks are the only legal game; taking other wild birds or mammals is prohibited, except by permit issued by the Director or a designee.
(2) A hunter shall display the identification tag furnished by the Commission while on the areas. The identification tag is valid for entry upon the area indicated on the tag. Entry upon another area is prohibited. Identification tags shall be returned to the registration center at check-out time.
(3) Boats without motors are permitted on controlled duck areas.
(d) The following apply to special hunts on the controlled area:
(1) Special deer hunts will be by permit only, limited to archery and muzzleloading firearms.
(2) Notwithstanding the provisions in § 135.161(2) (relating to Commission-owned or leased lands or waters), the Executive Director may designate dates for deer hunting outside of established seasons and bag limits.
(3) A drawing of applications to determine successful hunters will be held at the Pymatuning Wildlife Management Area headquarters on a date and time designated by the Executive Director or a designee.
(4) Applications will be received at the area headquarters no later than the close of business of the day prior to the date and time of the drawing.
(5) One official application per person to hunt deer on the controlled area may be submitted each license year. Anyone submitting more than one application for a permit will have all applications rejected. The application shall contain archery or muzzleloading license stamp numbers.
(6) The number of permits to be drawn shall be set by the Executive Director or a designee prior to the drawing.
(7) If a successful applicant does not appear to claim a reservation on the day assigned, prior to the opening hunting hour, the permit becomes invalid and is not transferable.
(8) A successful hunter shall submit a harvested deer for examination to the management area headquarters on the date of the permit, no later than 1 hour after the daily closing of hunting hours.
(9) Unsuccessful hunters shall return the permit to the management area headquarters on the date of the permit, no later than 1 hour after the daily closing of hunting hours.
(10) Hunters participating in the special archery and muzzleloading hunts inside the controlled area shall wear a minimum of 250 square inches of fluorescent orange-colored material on the head, back and chest combined.
[Pa.B. Doc. No. 00-1385. Filed for public inspection August 11, 2000, 9:00 a.m.]
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