RULES AND REGULATIONS
GAME COMMISSION
[58 PA. CODE CH. 141]
Big Game
[33 Pa.B. 1473] To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its January 7, 2003, meeting, adopted 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 final-form rulemaking will have no adverse impact on the wildlife resources of this Commonwealth.
The final-form rulemaking was 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. 5759 (November 23, 2002).
1. Introduction
The Commission amended § 141.41 to provide consistency between § 141.41 and § 141.43 (relating to deer).
2. Purpose and Authority
Section 141.43 requires individuals hunting during the muzzleloading and flintlock muzzleloading seasons to use muzzleloading firearms and ammunition .44 caliber or larger. The amendment to § 141.41 will make this requirement uniform among the regulations by imposing the restriction during all firearms deer 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.'' 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.'' The amendment to § 141.41 was proposed under these provisions.
3. Regulatory Requirements
The final-form rulemaking will require hunters carrying muzzleloaders to hunt deer outside of the muzzleloading season to use only muzzleloaders .44 caliber or larger. This final-form rulemaking 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 final-form rulemaking.
5. Comment and Response Summary
There were no official comments received regarding the final-form rulemaking.
6. Cost and Paperwork Requirements
Hunters who have hunted during past bear and regular firearms deer seasons using muzzleloading firearms taking ammunition smaller than .44 caliber may need to acquire different firearms to comply with the final-form rulemaking.
7. Effective Date
The final-form rulemaking will be effective on publication in the Pennsylvania Bulletin and will remain in effect until changed by the Commission.
8. Contact Person
For further information regarding the final-form rulemaking, contact Michael A. Dubaich, 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 amendment 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 amendment 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 § 141.41 to read as set forth in Annex A.
(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 shall become effective upon final-form publication in the Pennsylvania Bulletin.
VERNON R. ROSS,
Executive DirectorFiscal Note: Fiscal Note 48-149 remains valid for the final adoption of the subject regulation.
Annex A
TITLE 58. RECREATION
PART III. GAME COMMISSION
CHAPTER 141. HUNTING AND TRAPPING
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 or bear through the use of any one or more of the following:
(i) A muzzleloading handgun.
(ii) A muzzleloading firearm that is not .44 caliber or larger.
(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 fill 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.
[Pa.B. Doc. No. 03-509. Filed for public inspection March 21, 2003, 9:00 a.m.]
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