PROPOSED RULEMAKING
GAME COMMISSION
[58 PA. CODE CHS. 139 AND 141]
Bear Season; Ammunition for Flintlocks
[30 Pa.B. 4622] To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) at its June 21, 2000, meeting proposed the following amendments:
Amend § 139.4 (relating to seasons and bag limits for the license year) to give the Executive Director the authority to extend the bear season when there has been an underharvest of bear.
Amend § 141.43 (relating to deer) to expand the types of ammunition lawful for use in the flintlock muzzleloader season.
These proposed amendments will have no adverse impact on the wildlife resources of this Commonwealth.
The authority for this proposal is 34 Pa.C.S. (relating to the Game and Wildlife Code) (code).
This proposal was made public at the June 21, 2000, 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 October 6, 2000.
Proposed Amendment to § 139.4
1. Introduction
To more effectively manage the wildlife resources of this Commonwealth, the Commission at its June 21, 2000, meeting proposed changing § 139.4 to give the Executive Director authority to extend the bear season, if there is an underharvest of bear. This change is proposed 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
The bear population in this Commonwealth has increased dramatically in recent years. This has resulted in an increased number of incidents involving nuisance bears. To minimize these incidents, it is essential to meet bear harvest goals for the season.
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. The proposed change would add a footnote to the bear season authorizing the Executive Director to extend the bear season by order, from 1 to 4 days where it appears that there has been an underharvest of bear.
3. Regulatory Requirements
The proposal would expand possible hunting opportunities within limitations.
4. Persons Affected
Those wishing to hunt bear and having the required license would be affected by the proposed change.
5. Cost and Paperwork Requirements
There will be no additional cost or paperwork resulting from the proposed change.
6. Effective Dates
The effective dates are July 1, 2000 to June 30, 2001.
Proposed Amendment to § 141.43
1. Introduction
To more effectively manage the wildlife resources of this Commonwealth, the Commission at its June 21, 2000, meeting proposed changing § 141.43 to allow the use of any and all single projectile ammunition during the muzzleloading deer season. This proposal was made under section 2102(d) of the code.
2. Purpose and Authority
The Commission is mandated by section 2102(d) of the code to promulgate regulations ''. . . stipulating . . . the type of firearms and ammunition, which may be used.'' The change is proposed under this authority.
There has been a great deal of confusion with regard to what ammunition may be used during the muzzleloading deer season. The proposed change should end this confusion and simplify what ammunition can be used.
3. Regulatory Requirements
The proposed change will expand the types of ammunition that can be lawfully used and relax regulatory requirements.
4. Persons Affected
Those wishing to hunt deer during the special muzzleloading seasons 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.
Contact Person
For further information on the proposed changes contact David Overcash, Acting Director, Bureau of Law Enforcement, (717) 783-6526, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797.
VERNON R. ROSS,
Executive DirectorFiscal Note: 48-124. 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.
2000-2001 OPEN HUNTING AND FURTAKING SEASONS, DAILY LIMIT,
FIELD POSSESSION LIMIT AND SEASON LIMIT
OPEN SEASON INCLUDES FIRST AND LAST DATES LISTED* * * * *
Daily Season Species First Day Last Day Limit Limit BEAR
Bear, any age Nov. 20 Nov. 22***** 1 1 * * * * * ***** The Executive Director is hereby authorized to extend, by order, in accordance with § 139.3, this season either Statewide or on a designated area basis when it appears, after polling the Bureau of Wildlife Management, the Commissioners and regional directors, that there has been an underharvest of bear. The extension may be from 1 to 4 days and may be concurrent with the Statewide antlered deer firearms season. The extension shall be between the first and third Saturday (inclusive) immediately following the regular bear season.
CHAPTER 141. HUNTING AND TRAPPING
Subchapter C. BIG GAME § 141.43. Deer.
* * * * * (b) Muzzleloading season. Firearms lawful for use are original muzzleloading single-barrel guns manufactured prior to 1800, or a similar reproduction of an original muzzleloading single-barrel gun which:
* * * * * (2) [Propels a single spherical lead ball with a cloth patch or a maxi-ball or mini-ball] Propels single-projectile ammunition.
* * * * *
[Pa.B. Doc. No. 00-1506. Filed for public inspection September 1, 2000, 9:00 a.m.]
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