PROPOSED RULEMAKING
GAME COMMISSION
[58 PA. CODE CH. 141]
Hunting and Trapping; Coyote
[33 Pa.B. 2881] To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its April 8, 2003, meeting, proposed the following amendment:
Amend § 141.4 (relating to hunting hours) to require hunters wishing to harvest a coyote while hunting during the spring gobbler season to have a valid spring turkey tag and meet the fluorescent orange and shot size requirements to make the regulations consistent and enforceable.
The proposed rulemaking 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 rulemaking was made public at the April 8, 2003, meeting of the Commission, and comments can be sent until June 23, 2003, to the Director, Information and Education, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797.
1. Introduction
The Commission is proposing to amend § 141.4 to require hunters wishing to harvest a coyote while hunting during the spring gobbler season to have a valid spring turkey tag and meet the fluorescent orange and shot size requirements to make the regulations consistent and enforceable.
2. Purpose and Authority
Currently, § 139.4 (relating to seasons and bag limits for the license year) contains language requiring coyote hunters hunting, during the spring gobbler season, to have a valid spring gobbler tag and meet the fluorescent orange and shot size requirements. Currently, § 141.4 contains no reference to these same requirements. Section 141.4(2) expressly forbids the taking of coyotes prior to 12 p.m. during the spring gobbler season. The Commission is proposing to incorporate the requirements that hunters hunting during the spring gobbler season have a valid spring turkey tag and meet the fluorescent orange and shot size requirements in § 141.4 to make the regulations consistent and enforceable. As a result, the regulations will consistently permit hunters hunting during the spring gobbler season who meet all the requirements to harvest a coyote.
Section 2102(d) of the code (relating to regulations) authorizes the Commission to ''promulgate regulations stipulating the . . . type of firearms and ammunition andother 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 provisions provide the statutory authority for the proposed rulemaking.
3. Regulatory Requirements
The proposed rulemaking requires hunters wishing to harvest a coyote while hunting during the spring gobbler season to have a valid spring turkey tag and meet the fluorescent orange and shot size requirements to make the regulations consistent and enforceable.
4. Persons Affected
Persons wishing to take a coyote during the spring gobbler season 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, Director, Bureau of Law Enforcement, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717) 783-6526.
VERNON R. ROSS,
Executive DirectorFiscal Note: 48-168. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 58. RECREATION
PART III. GAME COMMISSION
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. (See Pennsylvania Meridian Map and Table of Hunting Hours in Appendix G.)
* * * * * (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. Coyotes may be taken by persons who have a valid spring turkey tag and meet fluorescent orange and shot requirements.
* * * * *
[Pa.B. Doc. No. 03-1179. Filed for public inspection June 20, 2003, 9:00 a.m.]
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