RULES AND REGULATIONS
GAME COMMISSION
[58 PA. CODE CH. 141]
Hunting and Trapping; Crossbow
[32 Pa.B. 4712] To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its July 28, 2002, meeting, adopted the following changes:
Amend § 141.1 (relating to special regulations areas) by making crossbows lawful for hunting deer during the Statewide regular firearms season in the special regulations areas; § 141.41 (relating to general) by making it unlawful to hunt deer, bear or elk with a crossbow that does not have a draw weight between 125 and 200 pounds, and to allow crossbows to be used to hunt with during the regular firearms season for deer; and § 141.43 (relating to deer) to require persons hunting deer during the archery seasons Statewide to have a valid disabled persons crossbow permit to take deer with a crossbow except during the Statewide regular firearms season for deer.
These amendments were adopted under the authority of 34 Pa.C.S. (relating to the Game and Wildlife Code) (code).
Notice of proposed rulemaking was published at 32 Pa.B. 2892 (June 15, 2002).
Amendments to §§ 141.1, 141.41 and 141.43
1. Introduction
The Commission is changing §§ 141.1, 141.41 and 141.43 to make crossbows with a draw weight between 125 and 200 pounds lawful for hunting deer during the regular firearms deer season Statewide, and for hunting bear and elk during the appropriate seasons.
2. Purpose and Authority
The Commission has allowed hunters in the special regulations areas to use crossbows with a draw weight between 125 and 200 pounds to take deer during the firearms deer seasons. The Commission has adopted changes expanding the use of crossbows to include their use during the regular firearms deer season Statewide, and to hunt bear and elk during their respective seasons.
Section 2102(b)(1) of the code (relating to regulations) authorizes the Commission to promulgate regulations relating to seasons and bag limits for hunting or furtaking and the number and types of devices and equipment allowed. Section 2102(d) of the code authorizes the Commision to promulgate regulations stipulating the type of firearms and ammunition and other devices which may be used, the manner in which and the location where the devices may be used, the species the devices may be used for and the season when the devices may be used. The changes were adopted under this authority.
3. Regulatory Requirements
The adopted changes will allow the use of crossbows during the regular firearms deer season Statewide, and during bear and elk seasons.
4. Persons Affected
Individuals wishing to hunt deer, bear or elk using a crossbow may be affected by these amendments.
5. Comment and Response Summary
A total of 94 comments were received with regard to these amendments. Those supporting voiced many reasons for supporting crossbows, headed by ease of use by those with some physical handicap. Those opposing focused on crossbows not being true archery equipment and that, if permitted in archery seasons, crossbow use would attract many unskilled hunters afield.
6. Cost and Paperwork Requirements
The adopted changes should not result in additional cost or paperwork.
7. Effective Date
The adopted changes are effective upon final publication in the Pennsylvania Bulletin and will remain in effect until changed by the Commission.
8. Contact Person
For further information regarding these 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 Chapter 141, are amended by amending §§ 141.1, 141.41 and 141.43 to read as set forth in Annex A.
(Editor's Note: Amendments to § 141.41 contained in the rulemaking at 32 Pa.B. 4711 (September 28, 2002) have been incorporated into this rulemaking.)
(b) The Executive Director of the Commission shall certify this order and Annex A and deposit them with the Legislative Reference Bureau as required by law.
(c) This order is effective upon final-form publication in the Pennsylvania Bulletin.
VERNON R. ROSS,
Executive DirectorFiscal Note: Fiscal Note 48-143 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 A. GENERAL § 141.1. Special regulations areas.
(a) Name. The areas shall be known and referred to as special regulations areas.
(b) Descriptions.
(1) Southwest area. Includes the County of Allegheny.
(2) Southeast area. Includes the Counties of Bucks, Montgomery, Chester, Delaware and Philadelphia and also includes Tyler and Ridley Creek State Parks and other publicly-owned lands therein.
(c) Prohibitions.
(1) Except as provided in subsection (d), it is unlawful to take, kill or attempt to take or kill wildlife through the use of a firearm of any description which discharges single-projectile ammunition, or, while hunting for wild birds or wild animals, to possess single-projectile ammunition, except for employees of political subdivisions and other persons who have a valid deer control permit issued under the authority of Chapter 29 of the act (relating to special licenses and permits).
(2) It is unlawful to use buckshot in Allegheny or Philadelphia Counties without specific authorization of the Director.
(d) Permitted acts. It is lawful to:
(1) Except in Philadelphia County, Ridley Creek State Park, Delaware County and Tyler State Park, Bucks County, hunt and kill deer through the use of a muzzleloading long gun or a shotgun, at least .410 gauge (rifled barrels permitted), including semiautomatics which, upon discharge, propel a single projectile.
(2) Take deer with a shotgun 20 gauge or larger--including semiautomatic--using buckshot in the Southeast area only.
(3) Take small game, furbearing animals, crows or wildlife with a manually operated .22 caliber rimfire rifle or handgun.
(4) Kill an animal legally caught in a trap with a manually operated .22 caliber rimfire rifle or handgun while trapping.
(5) Take deer with a crossbow with a draw weight of not less than 125 pounds nor more than 200 pounds during the Statewide regular firearms season.
Subchapter C. BIG GAME § 141.41. General.
(a) Permitted acts. It is lawful to take:
(1) Bear or elk with a crossbow with a draw weight of not less than 125 pounds nor more than 200 pounds.
(2) Deer during the regular firearms deer season with a crossbow with a draw weight of not less than 125 pounds nor more than 200 pounds.
(b) It is unlawful to:
(1) Hunt for big game birds or animals with arrows or crossbow bolts 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.
(4) Kill big game by mistake or accident and immediately after killing and before removing any big game from the location of the killing, fail to fully complete the proper game kill tag in compliance with the instructions printed on the tag and attach only the game kill tag to the big game.
(5) Kill big game by mistake or accident and fail to report the killing to the appropriate Commission regional office as soon as possible but no later than 12 hours after the time of kill.
§ 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.
(5) Hunt or take deer with a crossbow without a valid disabled persons crossbow permit.
(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.
[Pa.B. Doc. No. 02-1674. Filed for public inspection September 27, 2002, 9:00 a.m.]
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