PROPOSED RULEMAKING
GAME COMMISSION
[58 PA. CODE CH. 139]
Seasons and Bag Limits
[33 Pa.B. 1098] To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its January 7, 2003, meeting, proposed the following amendment:
Amend § 139.4 (relating to seasons and bag limits for the license year) to provide dates for the 2003-2004 hunting license year.
This proposed rulemaking will have no adverse impact on the wildlife resources of this Commonwealth.
The authority for this proposed rulemaking is 34 Pa.C.S. (relating to Game and Wildlife Code) (code).
This proposed rulemaking was 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 § 139.4 to provide for seasons and bag limits for the 2003-2004 license year. These seasons and bag limits were proposed 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 (units). The new units will apply only to the hunting and trapping of bear, beaver, bobcat, deer, pheasant, quail and turkey within this Commonwealth. An additional amendment will include expanded hunting opportunities for small game hunting. Under this proposed rulemaking, the small game seasons for rabbit, pheasant and bobwhite quail will begin Saturday, October 18, the same time as the seasons for squirrel and ruffed grouse, to give rabbit, pheasant and bobwhite quail hunters 2 additional weeks of hunting. 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) of the code mandates that the Commission promulgate regulations relating to seasons and bag limits. These two provisions provide the statutory authority for the proposed rulemaking.
3. Regulatory Requirements
These proposed seasons and bag limits would 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. Cost and Paperwork Requirements
The proposed new seasons and bag limits would not result in any additional cost either to the Commission or to hunters and furtakers.
6. Effective Date
The effective dates are July 1, 2003, to June 30, 2004.
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: 48-154. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 58. RECREATION
PART III. GAME COMMISSION
CHAPTER 139. SEASONS AND BAG LIMITS (Editor's Note: As part of this proposed rulemaking, the Commission is proposing to delete the existing text of § 139.4, which currently appears at 58 Pa. Code pages 139-3--139-12, serial pages (290197)--(290206) and replace it with the following text, which has been printed in regular type to enhance readability.)
§ 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 Daily Possession Species Limit First Day Last Day Limit Limit After 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. 18 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. 18 Nov. 29 2 4 Ringneck Pheasant--Male or female combined in Wildlife Management Units 1B, 2D, 2E, 2F, 2G, 3A, 3B, 3C & 3D Oct. 18
Nov. 29
2 4 and
Dec. 15 Dec. 23 and Dec. 26 Feb. 7, 2004
Field Daily Possession Species First Day Last Day Limit Limit After 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. 18 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
Field Daily Possession Species First Day Last Day Limit Limit After First Day 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 Unit 5C & 5D Nov. 1 Nov. 8 Turkey (Spring Gobbler) Statewide Bearded Bird only May 1, 2004 May 29, 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 § 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 and late season for Canada geese will be held as defined in § 141.25.
Field Daily Possession Species First Day Last Day Limit Limit After First Day Crows (Hunting permitted on Friday, Saturday and Sunday only) July 4 Nov. 30 Unlimited
and
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
Field Daily Possession Species First Day Last Day Limit Limit After First Day FALCONRY 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, Antlerless--(Statewide) Oct. 4 Nov. 15 An antlerless deer (Archery--Bows and Arrows Only) and
with each required Dec. 26 Jan. 10, 2004 antlerless license. 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 licenseOct. 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
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) 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 wears 250 square inches of daylight fluorescent orange-colored material in a 360 degree 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. 1 Only one antlered deer (buck) may be taken during the hunting license year.
2 Includes 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).
3 Bobcat may only be taken by furtakers in possession of a Bobcat Hunting-Trapping Permit.
4 Only one bear may be taken during the hunting license year.
[Pa.B. Doc. No. 03-346. Filed for public inspection February 28, 2003, 9:00 a.m.]
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