PROPOSED RULEMAKING
[58 PA. CODE CH. 141]
Hunting and Trapping
[33 Pa.B. 1351] To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its January 7, 2003, meeting, proposed the following amendments:
Amend § 141.7 (relating to use of artificial lights) to make an editorial change to clarify reference to the concurrent antlered and antlerless deer season; § 141.25 (relating to early and late goose hunting seasons) to make an editorial change to bring regulations in compliance with season frameworks approved by the United States Fish and Wildlife Service (Service); and § 141.48 (relating to elk management areas) to provide fewer, but larger, management areas.
The proposed rulemaking will have no adverse impact on the wildlife resources of this Commonwealth.
The authority for the proposed amendments is 34 Pa.C.S. (relating to Game and Wildlife Code) (code).
The proposed amendments were made public at the January 7, 2003, meeting of the Commission. Comments can be sent until April 4, 2003, to the Director, Information and Education, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797.
1. Introduction
The Commission is proposing to amend §§ 141.7, 141.25 and 141.48.
2. Purpose and Authority
With the advent of the concurrent antlered/antlerless deer season, there is no longer a need for the separate antlered deer season and antlerless deer season references in § 141.7(b). The proposed rulemaking will correct the language in § 141.7(b) to reflect current regulations.
The Service has made changes in Federal season frameworks. One change, regarding Canada goose hunting, removes the reference to ''late goose hunting'' from the Federal regulations. The proposed amendment to § 141.25 will also remove the reference to ''late goose hunting season'' to stay in compliance with the Federal regulations.
In April 2002, the elk management areas were revised to provide fewer, but larger, management areas. For the most part, this approved revision improved hunter opportunity and management capability, except in management area 11. This area, found in the vicinity of the community of St. Marys, is largely private agricultural and forestland with very limited public hunting access. Elk hunting harvest success was only 17% in this area, as opposed to the average of 94% in all other areas last season. The proposed amendment to § 141.48 will combine elk management units 1 and 11 into a single unit in an effort to improve hunter success rates and provide additional opportunities for a hunter to be selected for an elk license in this area of the elk range.
Section 2102(d) of the code (relating to regulations) 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.'' Section 2102(a) of the code provides ''The Commission shall promulgate such regulations as it deems necessary and appropriate concerning game or wildlife and hunting or furtaking in this Commonwealth, including regulations relating to the protection, preservation and management of game or wildlife and game or wildlife habitat, permitting or prohibiting hunting or furtaking, the ways, manner, methods and means of hunting or furtaking, and the health and safety of persons who hunt or take wildlife or may be in the vicinity of persons who hunt or take game or wildlife in this Commonwealth.'' These two provisions provide the statutory authority for the proposed amendment to § 141.7(b).
Section 322(c)(1) of the code (relating to powers and duties of commission) specifically empowers the Commission to ''fix seasons . . . and daily season and possession limits for any species of game or wildlife.'' Section 2102(b)(1) of the code authorizes the Commission to ''promulgate regulations relating to seasons and bag limits for hunting . . . . '' Section 2102(a) of the code provides ''The Commission shall promulgate such regulations as it deems necessary and appropriate concerning game or wildlife and hunting or furtaking in this Commonwealth, including regulations relating to the protection, preservation and management of game or wildlife and game . . . . '' These provisions provide the statutory authority for the proposed amendment to § 141.25.
Section 2705(15) of the code (relating to classes of licenses) provides that ''To ensure sound management of Pennsylvania's wild elk population, the Commission may promulgate regulations to establish a limited number of licenses.'' Section 322(c)(4) of the code specifically authorizes the Commission to ''Define geographic limitations or restrictions.'' Section 2102(a) of the code provides ''The Commission shall promulgate such regulations as it deems necessary and appropriate concerning game or wildlife and hunting or furtaking in this Commonwealth, including regulations relating to the protection, preservation and management of game or wildlife and game or wildlife habitat . . . . '' These provisions provide the statutory authority for the proposed amendment to § 141.48.
3. Regulatory Requirements
The proposed rulemaking makes an editorial change to remove the reference to the concurrent antlered and antlerless deer season to reflect current regulations, makes an editorial change to remove the reference to ''late goose hunting'' to reflect current Federal waterfowl regulations and provides fewer but larger elk management units by combining elk management units 1 and 11 into a single unit.
4. Persons Affected
Persons wishing to spotlight during deer season, hunt Canada geese and hunt elk will be affected by the proposed rulemaking.
5. Cost and Paperwork Requirements
The proposed rulemaking should not result in additional cost or paperwork.
6. Effective Date
The proposed rulemaking 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 rulemaking, contact Michael A. Dubaich, Acting Director, Bureau of Law Enforcement, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717) 783-6526.
VERNON R. ROSS,
Executive DirectorFiscal Note: 48-161. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 58. RECREATION
PART III. GAME COMMISSION
CHAPTER 141. HUNTING AND TRAPPING
Subchapter A. GENERAL § 141.7. Use of artificial lights.
* * * * * (b) For the purpose of enforcing section 2311 of the act (relating to restrictions on recreational spotlighting), the terms ''antlered deer rifle season'' and ''antlerless deer rifle season'' mean that period of time from 12:01 a.m. on the first day of the [antlered season] concurrent antlered and antlerless season to 12 midnight on the last day [of the antlerless season] including Sundays.
Subchapter B. SMALL GAME § 141.25. Early [and late] goose hunting [seasons] season.
(a) Early season and description.
* * * * * (3) [Bag limits are as follows:
(i) There is a daily bag limit of five and a possession limit of ten in the area east of I-83 from the Maryland State line to the intersection of U. S. Route 30 to the intersection of S. R. 441, east of S. R. 441 to the intersection of I-283, east of I-283 to I-83, east of I-83 to the intersection of I-81, east of I-81 to the intersection of I-80, and south of I-80 to the New Jersey State line.
(ii) There is a daily bag limit of three and a possession limit of six in the remainder of the State with the exception of the closed area in Crawford County.]
Bag limit. There is a daily bag limit of five and a possession limit of ten geese with the exception of the closed area in Crawford County and Middle Creek Wildlife Management Area.
(b) [Late season and description.
(1) Areas. Subject to approval of the United States Fish and Wildlife Service, there is a late Canada goose hunting season beginning on January 15 (except when Sunday, then January 16), and ending on February 15 (except when Sunday, then February 14) Statewide, with the exception of that area of Crawford County south of S. R. 198 from the Ohio line to the intersection of S. R. 18, to the intersection of U. S. Route 322/S. R. 18, to the intersection of S. R. 3013, south to the Crawford/Mercer County line and the area east of I-83 from the Maryland State line to the intersection of U. S. Route 30 to the intersection of S. R. 441, east of S. R. 441 to intersection of I-283, east of I-283 to I-83, east of I-83 to intersection of I-81, east of I-81 to intersection of I-80, and south of I-80 to the New Jersey State line.
(2) Bag limit. There is daily bag limit of five and a possession limit of ten geese.
(c)] Shooting hours. Shooting hours for goose hunting during the early [and late] goose hunting [seasons] season is 1/2 hour before sunrise to sunset.
[(d)] (c) Unlawful acts. It is unlawful to hunt Canada geese during the early [or late] goose hunting [seasons] season inside the boundaries of the closed area.
Subchapter C. BIG GAME § 141.48. Elk management [areas] units.
(a) The divisional line between two or more elk management [areas] units shall be the center of the highway, natural water course or other natural boundary.
(b) The outline map of Pennsylvania sets forth elk management [areas] units. Elk management [area 12] unit 11 comprises all areas outside [Areas] units 1-[11] 10 inclusive. [See Appendix F.]
(See map of Pennsylvania Elk Management Units in Appendix F.)
APPENDIX F (Editor's Note: As part of this proposal, the Commission is proposing to delete the map which appears at 58 Pa. Code page 141-29 (serial page 290367) and replace it with the following map. The map appears at 33 Pa.B. 1354 (March 15, 2003).)
[Pa.B. Doc. No. 03-445. Filed for public inspection March 14, 2003, 9:00 a.m.]
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