PROPOSED RULEMAKING
GAME COMMISSION
[58 PA. CODE CH. 139]
Seasons and Bag Limits
[34 Pa.B. 1776] To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its January 27, 2004, meeting, proposed the following amendment:
Amend § 139.4 (relating to seasons and bag limits for the license year) to provide updated seasons and bag limits for the 2004-2005 hunting license year.
This proposed rulemaking will have no adverse impact on the wildlife resources of this Commonwealth.
The authority for the proposed rulemaking is 34 Pa.C.S. (relating to Game and Wildlife Code) (code).
This proposed rulemaking was made public at the January 27, 2004, meeting of the Commission. Comments can be sent until April 16, 2004, 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 updated seasons and bag limits for the 2004-2005 license year.
2. Purpose and Authority
The Commission is required to set hunting and furtaking seasons and bag limits on an annual basis. Although the 2004-2005 seasons and daily season and possession limits are similar to those set in 2003-2004, the 2004-2005 seasons and bag limits have been amended to conform to current scientific data, harvest reports, field surveys and observations, staff and field input, as well as recommendations received from organized sporting groups, members of the agricultural community and others interested in the wildlife resources of this Commonwealth. One significant change for hunters next season will be the addition of an early elk season in September. This additional season will provide expanded hunting opportunities for elk hunters within this Commonwealth. As the next license year is approaching, the Commission is proposing to amend § 139.4 to provide updated seasons and bag limits for the 2004-2005 license year.
Section 322(c)(1) of the code (relating to powers and duties of commission) specifically empowers the Commission to ''fix seasons, daily shooting or taking hours, and any modification thereof, and daily, season and possession limits for any species of game or wildlife.'' 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 amendments to this section are proposed under this authority.
3. Regulatory Requirements
The proposed seasons and bag limits establish when and where it is lawful to hunt and trap various game species and also 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 the proposed seasons and bag limits.
5. Cost and Paperwork Requirements
The proposed seasons and bag limits will not result in any additional cost either to the Commission or to hunters and furtakers.
6. Effective Date
The effective dates are July 1, 2004, to June 30, 2005.
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: 48-177. No fiscal impact; (8) recommends adoption.
(Editor's Note: As part of this proposed rulemaking, the Commission is proposing to delete the existing text of § 139.4, which currently appears in 58 Pa. Code pages 139-4--139-14, serial pages (297328)--(297338) and replace it with the following text, which is printed in regular type to enhance readability.)
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)
2004-2005 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. 9 Oct. 15 6 12
Squirrels--(Combined species) Oct. 16 Nov. 27 6
12
and Dec. 13 Dec. 23 and Dec. 27 Feb. 5, 2005 Ruffed Grouse--(Statewide) Oct. 16 Nov. 27 2
4 and Dec. 13 Dec. 23 and Dec. 27 Jan. 15, 2005 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. 23 Nov. 27 4
8 and Dec. 13 Dec. 23 and Dec. 27 Feb. 5, 2005 Ringneck Pheasant--Male only in Wildlife Management Units 2A, 2B, 2C, 4B, 4C, 4E, 5A, 5B, 5C & 5D
Eligible Junior Hunters only, with or without the required license, when properly accompanied as required by lawOct. 9 Oct. 11 2 4 Ringneck Pheasant--Male or female combined in Wildlife Management Units 1A, 1B, 2D, 2E, 2F, 2G, 3A, 3B, 3C, 3D, 4A & 4D
Eligible Junior Hunters only, with or without the required license, when properly accompanied as required by lawOct. 9 Oct. 11 2 4 Ringneck Pheasant--Male only in Wildlife Management Units 2A, 2B, 2C, 4B, 4C, 4E, 5A, 5B, 5C & 5D Oct. 23 Nov. 27 2 4
Ringneck Pheasant--Male or female combined in Wildlife Management Units 1A, 1B, 2D, 2E, 2F, 2G, 3A, 3B, 3C, 3D, 4A & 4D Oct. 23
and
Dec. 13
and
Dec. 27Nov. 27
Dec. 23
Feb. 5, 20052 4
Field Possession Daily Limit After Species Limit 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. 23 Nov. 27 4 8
Hares (Snowshoe Rabbits) or Varying Hares Dec. 27 Jan. 1, 2005 1 2
Woodchucks (Groundhog) No closed season except during the regular firearms deer seasons and until 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
(Shotgun, Bow & Arrow only)Oct. 30 Nov. 20 Wildlife Management Unit 1B
(Shotgun, Bow & Arrow only)Oct. 30 Nov. 13 Wildlife Management Units 2C, 2E, 4A, 4B & 4D Oct. 30 Nov. 13 Wildlife Management Units
2D, 2F, 2G, 3A, 3B, 3C, 3D, 4C & 4EOct. 30 Nov. 20 Wildlife Management Units
5A & 5BClosed to fall turkey hunting Wildlife Management Unit
5C & 5DOct. 30 Nov. 6 Turkey (Spring Gobbler) Statewide5
Bearded Bird onlyApril 30, 2005 May 28, 2005 1 1 Turkey (Spring Gobbler)
Statewide Youth Hunt5
Bearded Bird only
Eligible junior hunters only with the required license and when properly accompaniedApril 23, 2005 April 23, 2005 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 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
(Hunting permitted on Friday, Saturday and Sunday only)July 2
and
Dec. 26Nov. 28
April 3, 2005Unlimited Starlings and English Sparrows No closed season except during the regular firearms deer seasons and until noon daily during the spring gobbler turkey season Unlimited
Field Possession Daily Limit After Species First Day Last Day Limit First Day FALCONRY Squirrels--(Combined species) Sept. 1 Mar. 31, 2005 6 12 Quail Sept. 1 Mar. 31, 2005 4 8 Ruffed Grouse Sept. 1 Mar. 31, 2005 2 4 Cottontail Rabbits Sept. 1 Mar. 31, 2005 4 8 Snowshoe or Varying Hare Sept. 1 Mar. 31, 2005 1 2 Ringneck Pheasant--Male and Female--(Combined) Sept. 1 Mar. 31, 2005 2 4 Migratory Game Birds--Seasons and bag limits shall be in accordance with Federal regulations.
DEER
Season Species First Day Last Day Limit Deer, Antlered & Antlerless--(Statewide)1
(Archery--Bows and Arrows Only)
Crossbows may be used in Wildlife Management Units 2B, 5C and 5DOct. 2
and
Dec. 27Nov. 13
Jan. 15, 2005One antlered and an anterless deer with each required antlerless license. Deer, Regular Antlered & Antlerless--(Statewide)1 Nov. 29 Dec. 11 One antlered, and an antlerless deer with each required antlerless license. Deer, Antlerless only--(Statewide)
Only Junior and Senior License Holders,2 PGC Disabled Person Permit Holders (to use a vehicle as a blind), and Residents serving on active duty in the U. S. Armed Forces, or in the U. S. Coast Guard, with required antlerless licenseOct. 21 Oct. 23 An antlerless deer with each required antlerless license. Deer, Antlerless only--(Statewide) (Muzzleloading season) Oct. 16 Oct. 23 An antlerless deer with each required antlerless license. Deer, Antlered or Antlerless--(Statewide)1
(Flintlock Muzzleloading season)Dec. 27 Jan. 15, 2005 One antlered, or one antlerless--plus an additional antlerless deer with each required antlerless license. Deer, Antlerless Wildlife Management
Units 2B & 5CDec. 27 Jan. 15, 2005 An anterless deer with each required antlerless license. Deer, Antlerless
Wildlife Management Unit 5DDec. 13
and
Dec. 27Dec. 28
Jan. 29, 2005An 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
Daily Season First Day Last Day Limit Limit Bear, any age--(Statewide)4 Nov. 22 Nov. 24 1 1 Bear, any age4
Wildlife Management Units 3D, 4C and that portion of 4E, East of Rt. 487 and that portion of 3B, East of 487 and South of Rt. 87 and that portion of 3C, East of I-81.Nov. 29 Dec. 4 1 1 Portion of Wildlife Management Units 2G and 3B in Lycoming County that lie North of the West branch of the Susquehanna River from the Rt. 405 bridge, West to the Rt. 220 bridge, East of Rt. 220 to Rt. 44 and East of Rt. 44 to Rt. 973, South of Rt. 973 to Rt. 87, West of Rt. 87 to Rt. 864, South of Rt. 864 to Rt. 220 and West of Rt. 220 to Rt. 405 and West of Rt. 405 to the West Branch of the Susquehanna River.
ELK
Daily Season First Day Last Day Limit Limit Elk, Antlered & Antlerless6
(With each required license)Sept. 20 Sept. 25 1 1 Elk, Antlered & Antlerless6
(With each required license)Nov. 8 Nov. 13 1 1
FURTAKING--TRAPPING
Daily Season Species First Day Last Day Limit Limit Minks and Muskrats--(Statewide) Nov. 20 Jan. 8, 2005 Unlimited Beaver--(Statewide) Dec. 26 Mar. 31, 2005 Wildlife Management Units
1A, 1B, 2F & 2G (Combined)20 20 Wildlife Management Unit 3A, 3B, 3C & 3D (Combined) 20 40 Wildlife Management Units 2A, 2B, 2C, 2D, 2E, 4A, 4B, 4C, 4D & 4E (Combined) 10 10 Wildlife Management Units 5A, 5B, 5C & 5D (Combined) 6 6 Coyotes, Foxes, Opossums, Raccoons, Skunks, Weasels--(Statewide) Oct. 17 Feb. 19, 2005 Unlimited Bobcat3
Wildlife Management Units 2C, 2E, 2F, 2G, 3A, 3B, 3C & 3DOct. 17 Feb. 19, 2005 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 in a 360 degree arc from one hour before sunrise to one hour 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 noon during the spring gobbler turkey season. Raccoons and Foxes--(Statewide) Oct. 16 Feb. 19, 2005 Unlimited Bobcat3
Wildlife Management Units 2C, 2E, 2F, 2G, 3A, 3B, 3C & 3DOct. 16 Feb. 19, 2005 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.
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.
5Only one spring gobbler may be taken during the hunting license year.
6Only one elk may be taken during the hunting license year.
[Pa.B. Doc. No. 04-555. Filed for public inspection April 2, 2004, 9:00 a.m.]
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