PROPOSED RULEMAKING
[58 PA. CODE CH. 141]
Hunting and Trapping; Firearm Caliber Limitations
[34 Pa.B. 1941] To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its January 27, 2004, meeting, proposed the following rulemaking:
Amend § 141.22 (relating to small game) to permit rimfire and centerfire firearms of less than .23 caliber to hunt small game and § 141.43 (relating to deer) to permit the use of rimfire firearms of .22 caliber or less to dispatch legally trapped furbearers during the regular or special firearms deer seasons to make the regulations more consistent and reduce confusion related to firearm caliber limitations.
The 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).
The 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 § 141.22 to permit rimfire and centerfire firearms of less than .23 caliber to hunt small game and § 141.43 to permit the use of rimfire firearms of .22 caliber or less to dispatch legally trapped furbearers during the regular or special firearms deer seasons to make the regulations more consistent and reduce confusion regarding firearm caliber limitations.
2. Purpose and Authority
Currently, § 141.22 makes it unlawful to take small game with a centerfire firearm. Only rimfire, .22 caliber or less firearms are permitted to take small game. The Commission is proposing to amend § 141.22 to permit the use of rimfire and centerfire firearms of less than .23 caliber to take small game.
Currently, § 141.43 permits trappers to dispatch legally trapped furbearers during the regular or special firearms deer seasons with a .22 caliber firearm only. However, the Commission has recently amended the restrictions relating to the caliber of single projectile firearms that are permitted during the small game season to include smaller caliber firearms such as the .17 caliber. To maintain consistency between the regulations and reduce confusion regarding the calibers permitted, the Commission proposes to amend § 141.43 to permit the use of .22 caliber or less firearms for the dispatch of legally trapped furbearers during the regular or special firearms deer seasons.
Section 2102(d) of the code (relating to regulations) authorizes the Commission to ''promulgate regulations stipulating the size and type of traps, the type of firearms and ammunition and other 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 322(c)(5) of the code (relating to powers and duties of commission) specifically empowers the Commission to ''fix the type and number of devices which may be used to take game or wildlife.'' Section 2102(a) of the code provides that ''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 ways, manner, methods and means of hunting or furtaking . . . in this Commonwealth.'' The amendments to §§ 141.22 and 141.43 are proposed under this authority.
3. Regulatory Requirements
The proposed rulemaking will permit the use of rimfire and centerfire firearms of less than .23 caliber to hunt small game and will also permit trappers to dispatch legally trapped furbearers during the regular or special firearms deer seasons with firearms of .22 caliber or less.
4. Persons Affected
Persons wishing to hunt small game in this Commonwealth with single projectile firearms will be affected by the proposed rulemaking. Additionally, persons wishing to dispatch legally trapped furbearers during the regular or special firearms deer seasons 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: 48-183. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 58. RECREATION
PART III. GAME COMMISSION
CHAPTER 141. HUNTING AND TRAPPING
Subchapter B. SMALL GAME § 141.22. Small game.
(a) Unlawful activities. It is unlawful to:
* * * * * (8) Unless otherwise provided in the act or this title, hunt or take small game with anything other than a shotgun with fine shot, muzzleloading rifle or handgun .40 caliber or less, [rimfire] rifle or handgun [.22 caliber or] less than 23 caliber, or bow and arrow with or without broadheads. The caliber restrictions do not apply to rifles or handguns while hunting woodchuck.
* * * * *
Subchapter C. BIG GAME § 141.43. Deer.
* * * * * (h) .22 caliber or less rimfire required for furbearers. When using a firearm only a [.22 caliber] rimfire rifle or handgun .22 caliber or less may be used to dispatch legally trapped furbearers during the regular or special firearms deer seasons.
[Pa.B. Doc. No. 04-601. Filed for public inspection April 9, 2004, 9:00 a.m.]
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