PROPOSED RULEMAKING
[58 PA. CODE CHS. 139 AND 141]
Seasons and Bag Limits; Hunting and Trapping
[33 Pa.B. 1103] To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its January 7, 2003, meeting, proposed the following amendments:
Amend §§ 139.2, 141.45 and 141.62 (relating to definitions; turkey; and beaver trapping), add § 139.17 (relating to wildlife management units) and delete §§ 141.21, 141.46 and 141.64 (relating to hen ringneck pheasant; turkey management areas; and furbearer management areas) to implement a uniform wildlife management unit (WMU) system.
The 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).
The 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 §§ 139.2 and 141.45, add § 139.17 and delete §§ 141.21, 141.46 and 141.64 to implement a uniform wildlife management unit (WMU) system.
2. Purpose and Authority
Wildlife populations are not equally distributed or abundant across this Commonwealth. Accordingly, the Commission has regulated the harvest of species using species-specific management units made up of multiple counties. The use of different species-specific units and clusters of counties for delineating management units has, in the past, created complexity and confusion for hunters and trappers and agency staff. To alleviate some of these problems, the wildlife management staff took a critical look at current species management units to evaluate the feasibility of implementing a uniform WMU system for improved resource management and hunter and trapper use.
Using data solicited and incorporated from central office and field staff within the agency, the Commission was able to generate a single, uniform WMU map for all species by incorporating landscape, human population, land ownership and wildlife data to set readily identifiable boundaries. Using recognizable physical features on the landscape as boundaries rather than intangible boundaries, such as county lines, simplifies the WMU system for both users and resource managers. Once the WMUs are incorporated, the individual pheasant area maps, turkey management area maps and furbearer management area maps will no longer be required.
Section 322(c) 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 322(c)(4) of the code specifically authorizes the Commission to ''define geographic limitations or restrictions.'' Section 2102(a) of the code (relating to regulations) authorizes the Commission to (''. . . promulgate such regulations as it deems necessary and appropriate concerning game or wildlife and hunting . . .'' These provisions provide the statutory basis for the proposed rulemaking.
3. Regulatory Requirements
The proposed rulemaking simplifies the current management areas system for users and resource managers by creating a single, uniform management system for all species with boundaries using recognizable physical features on the landscape.
4. Persons Affected
Persons who wish to hunt deer, ringneck pheasant and turkey and trap furbearers 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: 48-155. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 58. RECREATION
PART III. GAME COMMISSION
CHAPTER 139. SEASONS AND BAG LIMITS § 139.2. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
Antlered deer--
(i) In [the counties of Armstrong, Beaver, Butler, Crawford, Erie, Indiana, Lawrence, Mercer, Washington and Westmoreland] Wildlife Management Units 1A, 1B, 2A and 2D, a deer having four or more points to one antler.
(ii) In [the counties of Allegheny, Bucks, Chester, Delaware, Montgomery and Philadelphia] Wildlife Management Units 2B, 5C and 5D, a deer having two or more points to one antler, or with one antler 3 inches or more in length.
(iii) In all other [counties] wldlife management units, a deer having three or more points to one antler.
(iv) In all [counties] wildlife management units, [only] junior license holders, disabled person permit (to use a vehicle) holders and residents serving on active duty in the United States Armed Forces, or in the United States Coast Guard, a deer having two or more points to one antler, or with one antler 3 inches or more in length.
* * * * * § 139.17. Wildlife management units.
(a) The divisional line between two or more wildlife management units shall be the center of the highway, natural water course or other natural boundary.
(b) The outline map of Pennsylvania sets forth wildlife management units.
(See map of Pennsylvania Wildlife
Management Units)
CHAPTER 141. HUNTING AND TRAPPING
Subchapter B. SMALL GAME § 141.21. [Hen ringneck pheasant] (Reserved).
[(a) Name. The area shall be known and referred to as hen ringneck pheasant shooting area.
(b) Description. The outline map of the hen ringneck pheasant shooting area sets forth the boundaries. See Appendix B for the map of the pheasant shooting area.]
Subchapter C. BIG GAME § 141.45. Turkey.
(a) While hunting wild turkey it is unlawful to:
* * * * * (4) Use or possess rifles or single projectile ammunition, except arrows, in [Turkey Management Areas 1-A, 1-B and 9-B] Wildlife Management Units 1A, 1B, 2A, 2B, 5B, 5C and 5D.
(5) Move about or relocate during the fall season without wearing a minimum of 100 square inches of daylight fluorescent orange-colored material on the head or in such a manner so it is visible in a 360° arc in a [turkey management area] wildlife management unit limited to shotguns and bows and arrows only.
(6) Move about or relocate during the fall season in a [turkey management area] wildlife management unit not limited to shotguns and bows and arrows only, 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, except stationary turkey hunters may, in lieu of the 250 square inch requirement, place a band containing a minimum of 100 square inches of daylight fluorescent orange-colored material within 15 feet of their location so it is visible in a 360° arc.
* * * * * § 141.46. [Turkey management areas] (Reserved).
[(a) The divisional line between two or more turkey management areas shall be the center of the highway, natural water course or other natural boundary.
(b) The outline map of Pennsylvania sets forth turkey management areas. See Appendix C for the map.]
Subchapter D. TRAPPING § 141.62. Beaver trapping.
* * * * * (b) Unlawful acts. It is unlawful to:
* * * * * (2) Except in [Furbearer Management Area No. 3] Wildlife Management Units 3B, 3C and 3D, place, check, reset or tend a trap or snare on an established beaver dam or beaver house, or within 15 feet of either a dam, or a house. Measurement shall be from directly above the trap or snare, across the water, ice or land to the nearest point of the structure.
* * * * * (4) In an area where beavers are known to inhabit, set, tend or operate more than a combined total of 20 traps or snares no more than 10 of which may be traps. No more than two of the traps may be body gripping traps except in [Furbearer Management Area No. 3 and the counties of McKean, Potter, and Tioga] Wildlife Management Units 3A, 3B, 3C and 3D where the two body gripping trap limit does not apply.
* * * * * § 141.64. [Furbearer management areas] (Reserved).
[(a) The divisional line between two or more Furbearer Management Areas shall be the center of the highway, natural watercourse or other boundary as set forth on the map.
(b) The outline map of Pennsylvania in Appendix D sets forth the Furbearer Management Areas]
(Editor's Note: As part of this proposed rulemaking, the Commission is proposing to delete the maps in Appendices B--D, which currently appear at 58 Pa. Code pages 141-22--141-26, serial pages (279264)--(279268), and the map in Appendix F, which currently appears at 58 Pa. Code page 141-29, serial page (290367), and replace them with the map in § 139.17.)
[Pa.B. Doc. No. 03-347. Filed for public inspection February 28, 2003, 9:00 a.m.]
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