RULES AND REGULATIONS
Title 58--RECREATION
GAME COMMISSION
[58 PA. CODE CHS. 131 and 139]
Crossbows; Elk
[31 Pa.B. 2791] To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its April 10, 2001, meeting, adopted the following changes:
Amend § 131.2 (relating to definitions) by defining a crossbow, § 131.4 (relating to civil liability for wildlife killed) by making an editorial change to correct the reference to 34 Pa.C.S. § 2307(e) (relating to unlawful taking or possession of game or wildlife) and add § 131.8 (relating to replacement costs for wildlife killed) to establish replacement costs as provided in 34 Pa.C.S. § 925(i) (relating to jurisdiction and penalties).
Amend § 139.2 (relating to definitions) to define antlered and antlerless elk, to facilitate the harvest of additional antlerless deer and to define client and guide for elk hunting.
These amendments were adopted under the authority of 34 Pa.C.S. (relating to the Game and Wildlife Code) (code).
Amendment to § 131.2
1. Introduction
The act of December 20, 2000 (P. L. 452, No. 111) (Act 111) removed the crossbow from the list of unlawful hunting devices contained in section 2308 of the code (relating to unlawful devices and methods). To adopt regulations relating to the use of crossbows to hunt, it is first necessary to define ''crossbow.'' The Commission at its meeting held on January 23, 2001, proposed, and at its April 10, 2001, meeting adopted, adding a definition of ''crossbow'' to § 131.2. This change is being made under the authority contained in section 2102 of the code (relating to regulations).
2. Purpose and Authority
As is indicated, Act 111 gives the Commission the authority to allow the use of crossbows to hunt in this Commonwealth. To regulate their use however, what constitutes a crossbow must be established. The adopted addition will accomplish that purpose.
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) of the code also directs the Commission to promulgate regulations stipulating ''. . . the type of firearms and ammunition and other devices which may be used . . . .'' The change was adopted under this authority.
3. Regulatory Requirements
The amendment merely defines the term ''crossbow.''
4. Persons Affected
Individuals wishing to hunt using a crossbow will be affected by the change.
5. Comment and Response Summary
No official comments were received with regard to the adopted change.
6. Cost and Paperwork Requirements
The adopted change should not result in any additional cost or paperwork.
Amendment to § 131.4
1. Introduction
When section 2307 of the code was changed by the act of December 21, 1998 (P. L. 1274, No. 166) (Act 166), the penalty section was changed from subsection (d) to subsection (e). Section 131.4, which refers to section 2307(d) of the code, was never changed to reflect this amendment. At its meeting held on January 23, 2001, the Commission proposed, and at its April 10, 2001, meeting adopted, amendments to § 131.4 to refer to section 2307(e)) of the code. The change is being made under section 2102 of the code.
2. Purpose and Authority
As is indicated in the Introduction, the change is essentially an editorial change resulting from the addition of a subsection to section 2307 of the code. Changing the subsection will have the regulation correctly refer to the penalty provisions of that section. This change was made under section 2102 of the code which provides that: ''The commission shall promulgate such regulations as it deems necessary concerning game or wildlife . . . .''
3. Regulatory Requirements
The amendment is an editorial change.
4. Persons Affected
Since the adopted change is editorial, it will not affect anyone not affected by the original regulation.
5. Comment and Response Summary
No official comments were received with regard to the adopted change.
6. Cost and Paperwork Requirements
The adopted change should not result in any additional cost or paperwork.
Addition of § 131.8
1. Introduction
To more effectively manage the game and wildlife of this Commonwealth, the Commission at its January 23, 2001, meeting proposed, and at its April 10, 2001, meeting adopted § 131.8. Section 925(i) of the code provides for the payment of replacement costs in addition to fines and costs ''. . . as is fixed by regulation of the commission.'' This section provides the authority for the adopted regulation.
2. Purpose and Authority
The Commission has expended and continues to expend a great deal of money and resources in encouraging the increase of endangered, threatened and other critical species. The unlawful possessing, killing and taking of these species tends to frustrate the purpose of these expenditures. The adopted regulation will discourage unlawful possession and killing and compensate the Commission for its investment in these species.
As was pointed out in the Introduction, section 925(i) of the code specifically authorizes the Commission to fix by regulation replacement costs for unlawfully killed species. In addition, section 2102 of the code directs the Commission to promulgate ''. . . such regulations as it deems necessary and appropriate concerning game and wildlife . . . .'' Both of these sections provide the authority for the change.
3. Regulatory Requirements
The adopted regulation will specify replacement costs to be assessed on conviction for unlawfully possessing or killing specified species.
4. Persons Affected
Individuals unlawfully possessing or killing certain game and wildlife species will be affected by the adopted regulation.
5. Comment and Response Summary
No official comments were received with regard to the adopted change.
6. Cost and Paperwork Requirements
The adopted change should not result in any additional cost or paperwork. Persons unlawfully killing or possessing wildlife will be required to pay the specified replacement cost.
Amendment to § 139.2
1. Introduction
To more effectively manage the wildlife resources of this Commonwealth, the Commission at its January 23, 2001, proposed, and at its April 10, 2001, meeting adopted, changing § 139.2 to add definitions of ''antlered elk'' and ''antlerless elk'' and to revise the definition of ''field possession limit-deer'' to eliminate the requirement that a harvested deer be transported and secured prior to harvesting additional deer. These changes were adopted under section 322(c)(1) of the code (relating to powers and duties of the commission) and 2102(b)(1) of the code.
2. Purpose and Authority
In Act 111, the General Assembly authorized the Commission to issue elk hunting licenses and the Commission has established a 6-day elk hunting season in 2001. To carefully control the harvest of elk, antlered and antlerless elk must be distinguished. The proposed addition to § 139.2 would accomplish this purpose.
In addition, last year the Commission had established by definition of ''field possession limit-deer'' a field possession limit of one deer at a time. Where multiple harvest of deer are authorized, however, the Commission wants to encourage a high harvest of deer. To do this, the Commission has changed the definition contained in § 139.2 to require only the lawful tagging of a harvested deer prior to harvesting another deer.
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. These sections provide the authority for the adopted changes.
3. Regulatory Requirements
The addition of definitions of ''antlered'' and ''antlerless'' elk will facilitate requiring elk hunters to distinguish between the two. The change in the definition of field possession limit-deer will relax requirements but still require the lawful tagging of harvested deer.
4. Persons Affected
Individuals wishing to hunt deer and elk will be affected by the changes.
5. Comment and Response Summary
No official comments were received with regard to the adopted changes.
6. Cost and Paperwork Requirements
The adopted changes should not result in any additional cost or paperwork.
Effective Date
The amendments are effective upon 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 David E. Overcash, 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.
Order
The Commission, acting under authorizing statute, orders that:
(a) The regulations of the Commission, 58 Pa. Code Chapters 131 and 139, are amended by amending §§ 131.2 and 131.4; by adding § 131.8 to read as set forth at 31 Pa.B. 1746 (March 31, 2001); and by amending § 139.2 to read as set forth in Annex A.
(b) The Executive Director of the Commission shall submit this order, 31 Pa.B. 1746 and Annex A and deposit them with the Legislative Reference Bureau as required by law.
(c) These amendments shall become effective upon final publication in the Pennsylvania Bulletin.
VERNON R. ROSS,
Executive Director(Editor's Note: The proposal to add § 137.33 (relating to protection of elk) included in the proposed rulemaking at 31 Pa.B. 1746, has been withdrawn by the Commission.)
Fiscal Note: 48-128. No fiscal impact; (8) recommends adoption.
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.
Antlered elk--An elk having at least one spike visible above the hairline.
Antlerless deer--A deer without antlers, or a deer with antlers both of which are less than 3 inches in length.
Antlerless elk--An elk without antlers, or an elk with no spike visible above the hairline.
Client--Any person who receives the services of a guide.
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. Before harvesting additional deer, the deer previously harvested shall be lawfully tagged.
Guide--Any person who assists another person to hunt or take game by locating game, calling game or directing another to game.
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.
[Pa.B. Doc. No. 01-938. Filed for public inspection June 1, 2001, 9:00 a.m.]
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