PROPOSED RULEMAKING

GAME COMMISSION

[58 PA. CODE CHS. 131, 139, 141 AND 143]

Seasons and Bag Limits; Hunting Hours; Small Game; Big Game; Elk Licenses

[32 Pa.B. 1219]

   To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its January 15, 2002, meeting, proposed the following amendments:

   Amend § 131.2 (relating to definitions) by defining the terms ''arrow,'' '' bow,'' ''broadhead'' and ''crossbow bolt'' to help avoid confusion and misinterpretation.

   Amend § 139.2 (relating to definitions) by redefining the terms ''antlered deer,'' defining ''point'' and ''protected deer.''

   Amend § 141.4 (relating to hunting hours) to allow bobcat permitholders to take bobcats while hunting deer and to restrict the taking of coyotes only by those persons lawfully engaged in hunting deer or bear; § 141.22(a)(8) (relating to small game) to provide lawful methods for taking small game and § 174.22(c) to allow licensed furtakers to trap nuisance woodchucks for farmers; and § 141.48 (relating to elk management areas) by combining some of the elk management areas to provide fewer, but larger management areas.

   Amend § 143.203 (relating to drawing) to eliminate reference to the 2001 license year and to establish that the number of licenses issued be set by the Commission.

   These proposed amendments will have no adverse impact on the wildlife resources of this Commonwealth.

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

   These proposed amendments were made public at the January 15, 2002, meeting of the Commission and comments on these proposed amendments can be sent to Director, Information and Education, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, until March 29, 2002.

Proposed Amendments to § 131.2

1.  Introduction

   Due to the many new technologies in the archery equipment field, the Commission believes it is necessary to define certain terms for regulatory purposes. The Commission, at its meeting held on January 15, 2002, therefore, proposed adding definitions of ''arrow,'' ''bow,'' ''broadhead'' and ''crossbow bolt'' to § 131.2. These proposed amendments are being made under the authority contained in section 2102 of the code (relating to regulations).

2.  Purpose and Authority

   Advancements in technology and archery hunting techniques have made it apparent that certain terms need to be defined for regulatory purposes. The Commission has therefore proposed adding definitions of ''arrow,'' ''bow,'' ''broadhead'' and ''bolt'' to § 131.2. These definitions should help clarify regulatory requirements and avoid confusion.

   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) 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 proposed amendments define the terms ''arrow,'' ''bow,'' ''broadhead'' and ''crossbow bolt.'' These proposed definitions may exclude the use of certain devices.

4.  Persons Affected

   Individuals wishing to hunt using bows and arrows and crossbows will be affected by these proposed amendments.

Proposed Amendments to § 139.2

1.  Introduction

   To more effectively manage the wildlife resources of this Commonwealth, the Commission, at its January 15, 2002, meeting, proposed amending § 139.2 to add definitions of ''protected deer'' and ''point'' and amend the definition of ''antlered deer.'' These amendments were proposed under the authority contained in section 322(c)(1) of the code (relating to powers and duties of the commission) and section 2102(b)(1) of the code.

2.  Purpose and Authority

   The Commission is proposing that an antlered deer, legal for harvest, have four or more points to an antler in 11 counties and three or more points to an antler in the remaining 56 counties. This requires amending the definition of ''antlered deer'' and defining the term ''point.'' This proposed rulemaking also creates a category of deer that do not meet the definition of ''antlered deer'' or ''antlerless deer'' and therefore must be defined as ''protected deer'' since they may not be legally taken in any deer season. The proposed addition to § 139.2 would accomplish this purpose.

   The Commission is required to set hunting and furtaking seasons and bag limits on an annual basis. Section 322(c) of the code specifically empowers the Commission to ''. . . fix seasons . . . and daily, seasons 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 proposed amendments.

3.  Regulatory Requirements

   The proposed amendment to ''antlered deer'' redefines what a legal antlered deer is. The addition of the definition of ''point'' will facilitate requiring deer hunters to identify points. The addition of the definition of ''protected deer'' provides for a deer that does not meet the definition of ''antlered deer'' or ''antlerless deer.''

4.  Persons Affected

   Individuals wishing to hunt deer will be affected by this proposed amendment.

Proposed Amendments to §§ 141.1 and 141.22

1.  Introduction

   To effectively manage the wildlife resources of this Commonwealth, the Commission, at its January 15, 2002, meeting, proposed amending § 141.4(1) to allow coyotes to be taken during deer and bear season only by persons who are lawfully engaged in hunting deer or bear and who possess a valid tag, amending § 141.4(2) to allow bobcat permitholders to take a bobcat while hunting deer, adding § 141.22(a)(8) to explicate lawful devices for taking small game, and adding § 141.22(c) to allow licensed furtakers to trap nuisance woodchucks for farmers.

2.  Purpose and Authority

   The Commission has allowed hunters who possess a valid deer tag to hunt coyotes during deer season and to hunt coyotes during bear season regardless of tag. Coyote hunters taking advantage of this opportunity were not mandated to comply with fluorescent orange or hunting hour requirements. The proposed amendment would allow hunters to take coyotes during the deer and bear season only while engaged in lawfully hunting deer and bear. Hunters would therefore have to possess a valid tag and comply with other restrictions pertaining to deer and bear hunting including wearing of fluorescent orange.

   Hunters in possession of bobcat permits have asked to be able to take bobcats while hunting for deer. With the limited number of bobcat permits issued the Commission has no concern about allowing this additional opportunity.

   Woodchucks cause damage to farmer's fields, crops and equipment. Farmers have asked the Commission to allow furtakers to assist them in controlling nuisance woodchucks by allowing furtakers to trap woodchucks with the farmer's permission.

   Since the codification of the code, lawful methods for taking small game have not been clearly defined. The proposed amendments will clearly define the methods for lawfully taking small game.

   Section 322(c)(5) of the code authorizes the Commission to fix the type and number of devices which may be used to take game or wildlife. Section 2102(a) of the code authorizes the Commission to promulgate regulations relating to the hunting of game or wildlife in this Commonwealth. The amendments were proposed under this authority.

3.  Regulatory Requirements

   The proposed amendments would relax the requirements for taking bobcats and woodchucks, and further restrict coyote hunters and small game hunters.

4.  Persons Affected

   Farmers, furtakers, coyote hunters and small game hunters would be affected.

Proposed Amendments to §§ 141.48 and 143.203

1.  Introduction

   To effectively manage this Commonwealth's growing elk herd, the Commission, at its January 15, 2002, meeting, proposed amending § 141.48 by combining some of the elk management areas to provide fewer, but larger management areas and changing § 143.203 to eliminate the reference to the 2001 license year and to have the number of elk licenses issued set by the Commission.

2.  Purpose and Authority

   In the 2001-2002 license year, the Commission issued 30 licenses to allow hunters to harvest elk for the first time in this Commonwealth since 1932. After reviewing harvest data biologists have determined that the Commission can more effectively manage the elk herd by creating fewer but larger management areas, which requires amending § 141.48.

   Section 143.203(e) needs to be amended to eliminate the reference to the year 2001 and to establish that the number of licenses issued be set by the Commission. This section currently states the number shall be set by the Bureau of Wildlife Management with concurrence of the Executive Director.

   Section 2102(a) of the code authorizes the Commission to ''. . . promulgate such regulations as it deems necessary and appropriate concerning game or wildlife and hunting. . .''

   Section 2705(15) of the code (relating to classes of officers) provides that: ''To ensure sound management of Pennsylvania's wild elk population, the commission may promulgate regulations to establish a limited number of licenses.''

   These provisions provide the statutory authority for the proposed changes.

3.  Regulatory Requirements

   The proposed amendments would create fewer, larger elk management areas and require that the number of elk licenses issued be set by the Commission.

4.  Persons Affected

   Individuals wishing to hunt elk will be affected.

Cost and Paperwork Requirements

   The proposed amendments should not result in any additional cost or paperwork.

Effective Dates

   The proposed 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 these proposed amendments, contact David E. Overcash, Director, Bureau of Law Enforcement, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717) 783-6526.

VERNON R. ROSS,   
Executive Director

   Fiscal Note:  48-139. No fiscal impact; (8) recommends adoption.

Annex A

TITLE 58.  RECREATION

PART III.  GAME COMMISSION

CHAPTER 131.  PRELIMINARY PROVISIONS

§ 131.2.  Definitions.

   In addition to the definitions contained in section 102 of the act (relating to definitions), the following words and terms, when used in this part, [or in the act] have the following meanings, unless the context clearly indicates otherwise:

*      *      *      *      *

   Arrow--A projectile shot from a bow with an overall length exceeding the brace height of the bow with fletching designed only for guidance at the aft end and a broadhead mounted on the fore end. Arrow and broadhead shall have a combined weight of at least 400 grains. No electronic device may be a part of or attached to the arrow. No device, material or system capable of causing damage or injury to the animal in excess of that inflicted by the cutting edges of the broadhead may be a part of or attached to any arrow.

*      *      *      *      *

   Bow--In addition to the definition in section 102 of the act, a device for launching an arrow, which derives its propulsive energy solely from the bending and recovery of two limbs. The energy used to propel the arrow may not be derived from another source. These limitations may not exclude the mechanical leverage advantage provided by eccentric wheels or cams so long as the available energy stored in the bent limbs of the bow is the sole result of a single, continuous and direct pulling effort by the shooter. The bowstring shall be released as a direct and conscious action of the shooter either relaxing the tension of the fingers or triggering the release action of a hand held release aid. A bow shall have a peak draw weight not less than 35 pounds.

   Broadhead--Shall have an outside diameter or width of at least 7/8 inch with no less than two cutting edges in the same plane throughout the length of the cutting surface. Broadheads may not exceed 3 inches in length measured from the tip of the broadhead to the point that fits against the arrow shaft.

*      *      *      *      *

   Crossbow bolt--An arrow propelled by a crossbow.

*      *      *      *      *

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.]

   (i)  In the counties of Allegheny, Armstrong, Beaver, Butler, Crawford, Erie, Indiana, Lawrence, Mercer, Washington and Westmoreland, a deer having four or more points to one antler.

   (ii)  In all other counties a deer having three or more points to one antler.

*      *      *      *      *

   Point--An antler projection at least 1 inch in length from base to tip, the brow tine and main beam tip shall be counted as points.

   Protected deer--A deer not defined as an antlered deer or an antlerless deer.

*      *      *      *      *

CHAPTER 141.  HUNTING AND TRAPPING

Subchapter A.  GENERAL

§ 141.4.  Hunting hours.

   During open hunting seasons, wild birds and animals may be taken 1/2 hour before sunrise to sunset unless further restricted.

   (1)  During the regular antlered and antlerless deer seasons, it is unlawful to take or attempt to take other wild birds or mammals from 1/2 hour before sunrise to sunset. Game birds on regulated hunting grounds and migratory waterfowl are excepted. Coyotes may be taken [by persons licensed to hunt deer] from the first day to the last day inclusive of any deer or bear season only by persons lawfully engaged in hunting deer or bear who have a valid [deer] tag.

   (2)  Raccoon, fox, skunk, opossum, coyote[, bobcat] and weasel may be taken any hour, day or night, except during restricted periods in paragraph (1), and woodchuck, coyote, opossum, skunk and weasel may not be hunted prior to 12 noon during the spring gobbler season.

*      *      *      *      *

Subchapter B.  SMALL GAME

§ 141.22.  Small game.

   (a)  Unlawful activities. It is unlawful to:

*      *      *      *      *

   (8)  Unless otherwise provided in the act or this title, hunt or take small game with anything other than a shotgun with fine shot, muzzleloading rifle or handgun .36 caliber or less, rimfire rifle or handgun .22 caliber or less, or bow and arrow with or without broadheads. The caliber restrictions do not apply to rifles or handguns while hunting woodchuck.

*      *      *      *      *

   (c)  Permitted acts.  Woodchucks may be trapped by properly licensed furtakers with permission of the person in charge of the land. For the purposes of this subsection, a person shall mean a person as defined in section 2121(c) of the act (relating to definition). Traps and methods shall comply with provisions in section 2361 of the act (relating to unlawful acts concerning taking of furbearers) except that traps may be set closer than 5 feet from any woodchuck hole or den.

Subchapter C.  BIG GAME

§ 141.48.  Elk management areas.

*      *      *      *      *

   (b)  The outline map of Pennsylvania sets forth elk management areas. Elk Management Area [15] 13 comprises all areas outside areas 1-[14] 12 inclusive. See Appendix F.

CHAPTER 143.  HUNTING AND FURTAKER LICENSES

Subchapter K.  ELK LICENSES

§ 143.203.  Drawing.

*      *      *      *      *

   (e)  The number of licenses shall be limited to a number set by the [Bureau of Wildlife Management with concurrence of the Executive Director for the year 2001 only] Commission.

APPENDIX F

[Pa.B. Doc. No. 02-344. Filed for public inspection March 1, 2002, 9:00 a.m.]

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