RULES AND REGULATIONS

GAME COMMISSION

[58 PA. CODE CH. 139]

Seasons and Bag Limits

[33 Pa.B. 2872]

   To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its April 8, 2003, meeting, adopted the following change:

   Amend § 139.4 (relating to seasons and bag limits for the license year) to provide dates for the 2003-2004 hunting license year.

   The final-form rulemaking will have no adverse impact on the wildlife resources of this Commonwealth.

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

   Notice of proposed rulemaking was published at 33 Pa.B. 1098 (March 1, 2003).

1.  Introduction

   The Commission amended § 139.4 to provide for seasons and bag limits for the 2003-2004 license year. These seasons and bag limits were adopted under sections 322(c)(1) and 2102(b)(1) of the code (relating to powers and duties of commission; and regulations).

2.  Purpose and Authority

   The Commission is required to set hunting and furtaking seasons and bag limits on an annual basis. Although the 2003-2004 seasons and daily season and possession limits are essentially the same as set in 2002-2003, they will now be based on the new wildlife management units (WMU). (See final-form rulemaking concerning UMUs at 33 Pa.B. 2878 (June 21, 2003).) The new WMUs will apply only to the hunting and trapping of bear, beaver, bobcat, deer, pheasant, quail and turkey within this Commonwealth. An additional change will include an additional hunting opportunity for bearded spring gobblers on April 24, 2004, for eligible junior hunters. Junior hunters must possess the required license and be properly accompanied, as required by law. Another change will include a change in the dates of the elk season to November 10-15, which is a week earlier than the previous two seasons.

   Section 322(c)(1) of the code 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. . . .'' These provisions provide the statutory authority for the final-form rulemaking.

3.  Regulatory Requirements

   The final seasons and bag limits will establish when and where it is lawful to hunt and trap various game species and place limits on the numbers that can be legally taken.

4.  Persons Affected

   Persons wishing to hunt and trap in this Commonwealth would be affected by these seasons and bag limits.

5.  Comment and Response Summary

   There were no official comments received regarding this final-form rulemaking.

6.  Cost and Paperwork Requirements

   The new seasons and bag limits will not result in any additional cost to the Commission or to hunters and furtakers.

7.  Effective Date

   The effective dates are July 1, 2003, to June 30, 2004.

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 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 139, are amended by amending § 139.4 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 Director

   Fiscal Note:  Fiscal Note 48-154 remains valid for the final adoption of the subject regulation.

Annex A
TITLE 58.  RECREATION
PART III.  GAME COMMISSION
CHAPTER 139.  SEASONS AND BAG LIMITS

§  139.4.  Seasons and bag limits for the license year.

(SEASONS AND BAG LIMITS TABLE)
2003-2004 OPEN HUNTING AND FURTAKING SEASONS, DAILY LIMIT,
FIELD POSSESSION LIMIT AND SEASON LIMIT
OPEN SEASON INCLUDES FIRST AND LAST DATES LISTED

					Field
					Possession
				Daily	Limit After
Species	Limit	First Day	Last Day	Limit	First Day
Squirrels--(Combined species) Eligible Junior Hunters only, with or without the required license, when properly accompanied as required by law		Oct. 11	Oct. 13	6	12
Squirrels--(Combined species)		Oct. 18	Nov. 29	6	12
		and
		Dec. 15	Dec. 23
		and
		Dec. 26	Feb. 7, 2004
Ruffed Grouse--(Statewide)		Oct. 18	Nov. 29	2	4
		and
		Dec. 15	Dec. 23
		and
		Dec. 26	Jan. 10, 2004
Ruffed Grouse--There is no open season for taking ruffed grouse in that portion of State Game Lands No. 176 in Centre County which is posted ''RESEARCH AREA--NO GROUSE HUNTING''
Rabbits, Cottontail		Oct. 25	Nov. 29	4	8
		and
		Dec. 15	Dec. 23
		and
		Dec. 26	Feb. 7, 2004
Ringneck Pheasant--Male only in Wildlife Management Units 1A, 2A, 2B, 2C, 4A, 4B, 4C, 4D, 4E, 5A, 5B, 5C & 5D		Oct. 11	Oct. 13	2	2
Eligible Junior Hunters only, with or without the required license, when properly accompanied as required by law
Ringneck Pheasant--Male or female combined in Wildlife Management Units 1B, 2D, 2E, 2F, 2G, 3A, 3B, 3C & 3D		Oct. 11	Oct. 13	2	2
Eligible Junior Hunters only, with or without the required license, when properly accompanied as required by law
Ringneck Pheasant--Male only in Wildlife Management Units 1A, 2A, 2B, 2C, 4A, 4B, 4C, 4D, 4E, 5A, 5B, 5C & 5D		Oct. 25	Nov. 29	2	4
Ringneck Pheasant--Male or female		Oct. 25	Nov. 29	2	4
combined in Wildlife Management		and
Units 1B, 2D, 2E, 2F, 2G, 3A, 3B,		Dec. 15	Dec. 23
3C & 3D		and
		Dec. 26	Feb. 7, 2004

				Field
				Possession
			Daily	Limit After
Species	First Day	Last Day	Limit	First Day
Bobwhite Quail--The hunting and taking of bobwhite quail is permitted in all Wildlife Management Units except in Wildlife Management Units 4A, 4B, 5A, 5B, 5C & 5D where the season is closed.	Oct. 25	Nov. 29	4	8
Hares (Snowshoe Rabbits) or Varying Hares	Dec. 26	Jan. 3, 2004	1	2
Woodchucks (Groundhog)	No closed season except during the antlered and antlerless deer season and until 12 noon daily during the spring gobbler turkey season.		Unlimited

			Daily	Season
Species	First Day	Last Day	Limit	Limit
Turkey--Male or Female			1	1
Wildlife Management    Units 1A, 2A & 2B	Nov. 1	Nov. 22
Wildlife Management    Unit 1B	Nov. 1	Nov. 15
Wildlife Management    Units 2C, 2D, 2E, 2F, 2G,    3A, 3B, 3C, 3D, 4A, 4B,    4C, 4D & 4E	Nov. 1	Nov. 22
Wildlife Management    Units 5A & 5B	Closed to fall turkey hunting
Wildlife Management    Units 5C & 5D	Nov. 1	Nov. 8
Turkey (Spring Gobbler)    Statewide Bearded Bird    only	May 1, 2004	May 29, 2004	1	1
Turkey (Spring Gobbler)    Statewide Bearded Bird    only Eligible Junior    hunter with required    license, when properly    accompanied as required    by law	April 24, 2004	April 24, 2004	1	1

MIGRATORY GAME BIRDS

   Except as further restricted by this chapter, the seasons, bag limits, hunting hours and hunting regulations for migratory game birds shall conform to regulations adopted by the United States Secretary of the Interior under authority of the Migratory Bird Treaty Act (16 U.S.C.A. §§ 703--711) as published in the Federal Register on or about August 27 and September 28 of each year. Exceptions:

   (a)  Hunting hours in §with each required
anterless license.   141.4 (relating to hunting hours).

   (b)  Nontoxic shot as approved by the Director of the United States Fish and Wildlife Service is required for use Statewide in hunting and taking of migratory waterfowl.

   (c)  Subject to approval by the United States Fish and Wildlife Service, an early season for Canada geese will be held as defined in § 141.25.

				Field
				Possession
			Daily	Limit After
Species	First Day	Last Day	Limit	First Day
Crows	July 4	Nov. 30	Unlimited
(Hunting permitted on Friday, Saturday and	and
Sunday only)	Dec. 26	April 4, 2004
Starlings and English Sparrows	No closed season except during the antlered and antlerless deer seasons and until 12 noon daily during the spring gobbler turkey season		Unlimited

FALCONRY

				Field
				Possession
			Daily	Limit After
Species	First Day	Last Day	Limit	First Day
Squirrels--(Combined species)	Sept. 1	Mar. 31, 2004	6	12
Quail	Sept. 1	Mar. 31, 2004	4	8
Ruffed Grouse	Sept. 1	Mar. 31, 2004	2	4
Cottontail Rabbits	Sept. 1	Mar. 31, 2004	4	8
Snowshoe or Varying Hare	Sept. 1	Mar. 31, 2004	1	2
Ringneck Pheasant--Male and Female--(Combined)	Sept. 1	Mar. 31, 2004	2	4
Migratory Game Birds--Seasons and bag limits shall be in accordance with Federal regulations.

DEER

				Field
			Season	Possession
Species	First Day	Last Day	Limit	Limit
Deer, Antlered--(Statewide)1	Oct. 4	Nov. 15	1	One antlered.
(Archery--Bows and Arrows Only	and
	Dec. 26	Jan. 10, 2004
Deer,	Oct. 4	Nov. 15		An antlerless deer
Antlerless--(Statewide)				with each required
(Archery--Bows and	and			antlerless license.
Arrows Only)	Dec. 26	Jan. 10, 2004
Deer, Regular Antlered-- (Statewide)1	Dec. 1	Dec. 13	1	One antlered.
Deer, Antlerless only-- (Statewide) Only Junior and Senior License Holders,2 Disabled Person Permit (to use a vehicle) Holders and Residents serving on active duty in the U. S. Armed Forces, or in the U. S. Coast Guard, with required antlerless license	Oct. 23	Oct. 25		An antlerless deer with each required antlerless license.
Deer, Regular Antlerless-- (Statewide)	Dec. 1	Dec. 13		An antlerless deer with each required antlerless license.
Deer, Antlerless only-- (Statewide) (Muzzleloading season)	Oct. 18	Oct. 25		An antlerless deer with each required antlerless license.
Deer, Antlered or Antlerless--(Statewide)1 (Flintlock Muzzleloading season)	Dec. 26	Jan. 10, 2004		One antlered, or one antlerless--plus an additional antlerless deer with each required antlerless license.
Deer, Antlerless in Wildlife Management Units 2B, 5C & 5D	Dec. 26	Jan. 10, 2004		An antlerless deer with each required antlerless license.
Deer, Antlerless (Letterkenny Army Depot, Franklin County and New Cumberland Army Depot, York County and Fort Detrick, Raven Rock Site, Adams County)	Hunting is permitted on days established by the United States Department of the Army.			An antlerless deer with each required antlerless license.

BEAR

Species	First Day	Last Day	Daily Limit	Season Limit
Bear, any age--(Statewide)	Nov. 24	Nov. 26	1	14
Bear, any age in Wildlife Management Unit 3D	Dec. 1	Dec. 6	1	14

ELK

Elk, Antlered	Nov. 10	Nov. 15	1	1
Elk, Antlerless	Nov. 10	Nov. 15	1	1

FURTAKING--TRAPPING

			Daily	Season
Species	First Day	Last Day	Limit	Limit
Minks and Muskrats-- (Statewide)	Nov. 22	Jan. 10, 2004	Unlimited
Beaver--(Statewide)5	Dec. 26	Mar. 31, 2004
Wildlife Management    Units 1A, 1B, 2F & 2G			20	20
Wildlife Management    Unit 3A, 3B, 3C & 3D			20	40
Wildlife Management    Units 2A, 2B, 2C, 2D,    2E, 4A, 4B, 4C, 4D & 4E			10	10
Wildlife Management    Units 5A, 5B, 5C & 5D			6	6
Coyotes, Foxes, Opossums, Raccoons, Skunks, Weasels--(Statewide)	Oct. 19	Feb. 21, 2004	Unlimited
Bobcat3
Wildlife Management    Units 2F, 2G, 3A, 3B, 3C    & 3D	Oct. 19	Feb. 21, 2004	1	1

FURTAKING--HUNTING

			Daily	Season
Species	First Day	Last Day	Limit	Limit
Coyotes--(Statewide)	No closed season. Coyotes may be taken from the first day to the last day inclusive of any deer or bear season only by persons who possess a valid furtaker's license and wear 250 square inches of daylight fluorescent orange-colored material visible in a 360° arc from 2 hours before sunrise to 2 hours after sunset or by persons lawfully engaged in hunting deer or bear and have a valid tag, or during the spring gobbler turkey season by persons who have a valid spring turkey tag and meet fluorescent orange and shot size requirements.		Unlimited
Opossums, Skunks, Weasels--(Statewide)	No closed season. These species may not be hunted prior to 12 noon during the spring gobbler turkey season.
Raccoons and Foxes-- (Statewide)	Oct. 18	Feb. 21, 2004	Unlimited
Bobcat3
Wildlife Management    Units 2F, 2G, 3A, 3B, 3C    & 3D	Oct. 18	Feb. 21, 2004	1	1
No open seasons on other wild birds or wild mammals.
1Only one antlered deer (buck) may be taken during the hunting license year. This includes protected deer killed in mistake for an antlered deer.
2Includes persons who have reached or will reach their 65th birthday in the year of the application for the license and hold a valid adult license or qualify for license and fee exemptions under section 2706 of the act (relating to resident license and fee exemptions).
3Bobcat may only be taken by furtakers in possession of a Bobcat Hunting-Trapping Permit.
4Only one bear may be taken during the hunting license year.
5In years when inclement weather conditions or other factors result in a underharvest of beaver the Director may extend the beaver season.

[Pa.B. Doc. No. 03-1176. Filed for public inspection June 20, 2003, 9:00 a.m.]

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