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PA Bulletin, Doc. No. 02-2097

PROPOSED RULEMAKING

GAME COMMISSION

[58 PA. CODE CH. 141]

Big Game

[32 Pa.B. 5759]

   To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its October 8, 2002, meeting, proposed the following change:

   Amend § 141.41 (relating to general) to be consistent with the flintlock muzzleloading and muzzleloading seasons, to require hunters using muzzleloading rifles during other firearms deer seasons to use calibers .44 or larger as is currently required during the muzzleloading and flintlock muzzleloading seasons.

   The proposed amendment will have no adverse impact on the wildlife resources of this Commonwealth.

   The authority for the proposed amendment is 34 Pa.C.S. (relating to Game and Wildlife Code) (code).

   The proposed amendment was made public at the October 8, 2002, meeting of the Commission. Comments can be sent to the Director, Information and Education, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, until December 27, 2002.

1.  Introduction

   The Commission is proposing to amend § 141.41.

2.  Purpose and Authority

   Section 141.43 (relating to deer) requires individuals hunting during the muzzleloading and flintlock muzzleloading seasons to use guns using ammunition .44 caliber or larger. The proposed change will make the requirement uniform by imposing the restriction during all hunting 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, the possession of certain species or parts thereof, the number and types of devices and equipment allowed, the identification of devices and the use and possession of devices. In addition, section 2102(d) of the code authorizes the Commission to promulgate regulations stipulating the size and type of traps, 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. This amendment was proposed under this authority.

3.  Regulatory Requirements

   The proposed amendment will require hunters carrying muzzleloaders to hunt deer outside of the muzzleloading season to use only muzzleloaders .44 caliber or larger. This is consistent with the existing .44 caliber restriction in muzzleloading and flintlock muzzleloading seasons.

4.  Persons Affected

   Hunters using muzzleloading rifles during bear and other firearms deer seasons will be affected by the proposed amendment.

5.  Cost and Paperwork Requirements

   Hunters who have hunted during bear and regular firearms deer seasons using muzzleloading firearms taking ammunition smaller than .44 caliber may need to get different firearms.

6.  Effective Date

   The proposed amendment will be effective on final-form publication in the Pennsylvania Bulletin and will remain in effect until changed by the Commission.

7.  Contact Person

   For further information regarding the proposed amendment, contact David E. Overcash, Director, Bureau of Law Enforcement, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717) 783-6526.

VERNON R. ROSS,   
Executive Director

   (Editor's Note:  An amendment to § 141.41 will be codified in the December 2002 Pennsylvania Code Reporter.)

   Fiscal Note:  48-149. No fiscal impact; (8) recommends adoption.

Annex A

TITLE 58.  RECREATION

PART III.  GAME COMMISSION

CHAPTER 141.  HUNTING AND TRAPPING

Subchapter C.  BIG GAME

§ 141.41.  General.

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   (b)  It is unlawful to:

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   (3)  Hunt for deer[,] or bear [or elk] through the use of any muzzleloading handgun, or any muzzleloading firearm that is not .44 caliber or larger.

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[Pa.B. Doc. No. 02-2097. Filed for public inspection November 22, 2002, 9:00 a.m.]


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