RULES AND REGULATIONS
GAME COMMISSION
[58 PA. CODE CHS. 141 AND 147]
Special Permits for Hunting and Trapping
[31 Pa.B. 6052] To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its October 2, 2001, meeting, adopted the following changes:
Amend §§ 141.41 and 141.43 (relating to general; and deer). With advent of the new special firearms deer season, the Commission needs to ensure that hunters participating in the new season wear the required daylight fluorescent orange-colored material and that trappers dispatching legally trapped furbearers with firearms during this season use only a .22 caliber rimfire. This can be accomplished by adding special firearms deer season to §§ 141.41(2) and 141.43(f).
Amend § 147.146 (relating to sale of inedible wildlife parts). The act of December 21, 1998 (P. L. 1274, No. 166) (Act 166) amended 34 Pa.C.S. § 2312 (relating to buying and selling game) giving the Commission authority to authorize by regulation the buying and selling of inedible parts of game and wildlife as it deems appropriate. This can be accomplished by adding § 147.146.
These amendments were hereby adopted under the authority of 34 Pa.C.S. (relating to the Game and Wildlife Code) (code).
Amendments to §§ 141.41(2) and 141.43(f)
1. Introduction
In recent years, the Commission has established seasons and bag limits, through § 139.4 (relating to seasons and bag limits for the license year). In the seasons and bag limits adopted this year on April 10, 2001, the Commission adopted a 3-day special deer season and in final-form regulations adopted at the June 12, 2001, meeting, designated a special firearms season. To provide for hunter safety, the Commission at its June 12, 2001, meeting proposed, and at its October 2, 2001, meeting adopted the requirements of wearing 250 square inches of fluorescent orange-colored material on the head, chest and back, and the use of only .22 caliber rimfire firearms to dispatch trapped furbearers during the special firearms season.
These amendments are adopted under authority contained in section 2102(a) of the code (relating to regulations), which permits the Commission to promulgate 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....''
2. Purpose and Authority
As was indicated in the Introduction, the adopted amendments will require deer hunters during the special firearms season to wear a minimum of 250 square inches of fluorescent orange-colored material under § 141.41(2). The material shall be worn on the head, chest and back combined so it is visible in a 360° arc. Additionally, the adopted changes will allow only the use of .22 caliber rimfire firearms to dispatch legally trapped furbearers during the special firearms season under § 141.43(f).
Section 2102(a) of the code directs the Commission to promulgate regulations relating to the ways, manner and means of hunting or furtaking. This section provides the authority for these adopted changes.
3. Regulatory Requirements
The adopted amendments will require persons hunting to wear fluorescent orange-colored material, and allow only the use of .22 caliber rimfire firearms to dispatch trapped furbearers during the special firearms season.
4. Persons Affected
Persons hunting for deer or furtaking during the special firearms season will be affected by the adopted amendments.
5. Comment and Response Summary
No official comments were received regarding these adopted amendments.
6. Cost and Paperwork Requirements
The adopted amendments should not result in any additional cost or paperwork.
Amendment to § 147.146
1. Introduction
By Act 166, section 2312 of the code (relating to buying and selling game) was amended to authorize the Commission by regulation to allow the buying and selling of inedible parts of game and wildlife as it deems appropriate. Under that authorization, the Commission at its June 12, 2001, meeting proposed, and at its October 2, 2001, meeting adopted final-form amendments relating to the sale of inedible wildlife parts. The adoption includes wildlife lawfully taken within this Commonwealth that has been mounted, tanned or completely prepared for study or display. Under the adoption, a permittee may sell inedible wildlife parts under limited circumstances.
This amendment is adopted under the authority contained in section 2102(a) of the code authorizing the Commission to promulgate the regulations as it deems necessary and appropriate concerning game or wildlife and section 2312(c)(2) of the code authorizing the Commission by regulation to authorize the buying and selling of inedible parts of game and wildlife as it deems appropriate.
2. Purpose and Authority
As indicated in the Introduction, the adoption would authorize a permittee to sell inedible wildlife parts under limited circumstances and would require a permit at a cost of $5. Section 2102(a) of the code authorizes the Commission to promulgate regulations it deems necessary and appropriate concerning game or wildlife, and section 2312(c)(2) of the code authorizing the Commission by regulation to authorize the buying and selling of inedible parts of game and wildlife, provide authority for this adoption.
3. Regulatory Requirements
The adopted amendment would authorize the issuance of permits for the sale of inedible wildlife parts valid for 120 days.
4. Persons Affected
Persons wishing to sell inedible wildlife and wildlife parts may be affected by the adopted amendment.
5. Comment and Response Summary
No official comments were received regarding this adopted amendment.
6. Cost and Paperwork Requirements
The adopted amendment will result in a new permit and a fee of $5. The permit fee offsets administrative costs of the new permit requirement.
Effective Date
The adopted amendments will be effective on final-form publication in the Pennsylvania Bulletin and will remain in effect until changed by the Commission.
Contact Person
For further information regarding this change, 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 141 and 147, are amended by amending §§ 141.41 and 141.43 and adding § 147.146 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 shall take effect upon final publication in the Pennsylvania Bulletin.
VERNON R. ROSS,
Executive DirectorFiscal Note: Fiscal Note 48-134 remains valid for the final adoption of the subject regulations.
Annex A
TITLE 58. RECREATION
PART III. GAME COMMISSION
CHAPTER 141. HUNTING AND TRAPPING
Subchapter C. BIG GAME § 141.41. General.
It is unlawful to:
(1) Hunt for big game birds or animals with arrows other than those tipped with broadheads of a cutting-edge design.
(2) Hunt for or assist to hunt for deer, bear or elk during the regular firearms season or special firearms season without wearing a minimum of 250 square inches of daylight fluorescent orange-colored material. The material shall be worn on the head, chest and back combined so it is visible in a 360° arc.
(3) Hunt for deer, bear or elk through the use of any muzzleloading handgun.
§ 141.43. Deer.
(a) Archery season. It is unlawful while hunting deer with a bow and arrow or crossbow during the archery season to:
(1) Possess a firearm.
(2) Take a deer with a device not provided for in the act or this title.
(3) Move about or relocate during that portion of the archery deer season that is concurrent with any flintlock muzzleloading season (antlerless only) that precedes the regular firearms season for deer or is concurrent with the fall turkey season without wearing a minimum of 250 square inches of daylight fluorescent orange-colored material. The material shall be worn on the head, chest and back combined so it is visible in a 360° arc.
(4) Be on stand and stationary during that portion of the archery deer season that is concurrent with any flintlock muzzleloading season (antlerless only) that precedes the regular firearms season for deer or is concurrent with the fall turkey season without placing a band containing a minimum of 100 square inches of daylight fluorescent orange-colored material, in lieu of the required 250 square inches, within 15 feet of their location so it is visible in a 360° arc.
(b) Flintlock muzzleloading and muzzleloading season. Firearms lawful for use are original muzzleloading single-barrel long guns manufactured prior to 1800, or a similar reproduction of an original muzzleloading single-barrel long gun which:
(1) Is .44 caliber or larger and has open sights.
(2) Propels single-projectile ammunition.
(c) Ignition. Flintlock mechanisms shall consist of a hammer containing a naturally occurring stone which is spring propelled onto an iron or steel frizzen which, in turn, creates sparks to ignite a priming powder.
(d) Prohibitions. It is unlawful to:
(1) Use manmade materials attached to the hammer or frizzen to create sparks.
(2) Use telescope, aperture or peep sights.
(3) Use or possess single projectile ammunition other than specified in subsection (b)(2).
(4) Hunt, take or attempt to take deer through the use of a device not specifically described in this subsection.
(5) Hunt for or assist to hunt for deer during any flintlock muzzleloading or muzzleloading season that precedes the regular firearms season for deer without wearing a minimum of 250 square inches of daylight fluorescent orange-colored material on the head, chest and back combined so that it is visible in a 360° arc.
(e) Archery, special firearms, flintlock muzzleloader and muzzleloader seasons. When archery, special firearms, flintlock muzzleloader or muzzleloader seasons run concurrently, holders of any of the appropriate licenses or stamps may cooperate if pertinent provisions of this section and the act are met.
(f) .22 caliber rimfire required for furbearers. When using a firearm only a .22 caliber rimfire may be used to dispatch legally trapped furbearers during the regular or special firearms deer seasons.
CHAPTER 147. SPECIAL PERMITS
Subchapter H. PROTECTED SPECIMEN § 147.146. Sale of inedible wildlife parts.
(a) Wildlife lawfully taken within this Commonwealth that has been mounted, tanned or completely prepared for study or display in accordance with generally accepted taxidermy procedures may be sold if one of the following conditions is met:
(1) The original owner is deceased.
(2) The original owner's assets are being liquidated.
(b) Before selling a specimen, a permit shall be obtained from a Commission officer.
(c) An executed copy of the permit application (PGC-12) shall list the items to be sold. The permit is valid for 120 days.
(d) The fee for a permit issued under this section is $5.
(e) The original owner of a specimen may donate the specimen to a wildlife conservation organization, which may then sell the specimen without a permit for fund raising purposes.
(f) Second and subsequent owners of wildlife parts acquired in accordance with section 2312(c)(1) of the act (relating to buying and selling of game) may sell the parts if included as part of a manufactured or finished product.
(g) Second and subsequent owners of deer hides acquired in accordance with section 2312(c)(1) of the act may buy and sell the deer hides. Deer capes may only be sold by the original owner.
(h) A person violating this section shall be subject to the penalties provided in section 2312 of the act.
[Pa.B. Doc. No. 01-1961. Filed for public inspection November 2, 2001, 9:00 a.m.]
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